Fringe Benefits Tax Assessment Act 1986
For the purposes of this Subdivision, the amount of depreciation that is deemed to have been incurred by a person in respect of a car in respect of the period (in this subsection called the holding period ) during a year of tax while the car was held by the person is the amount calculated in accordance with the formula:
DEP | × |
DHP
DCO |
where:
DEP is the amount of depreciation that is deemed to have been incurred by the person in respect of the car in respect of the year of tax;
DHP is the number of days in the holding period during which the car was owned by the person; and
DCO is the number of days in the period in the year of tax during which the car was owned by the person.
11(1)
For the purposes of this Subdivision, the amount of depreciation that is deemed to have been incurred by a person in respect of a car in respect of a year of tax is the amount calculated in accordance with the formula:
ABC
D |
where:
A is:
B is the amount worked out for the person and the car using the formula in subsection (1AA) .
C is the number of days in the period in the year of tax during which the car was owned by the person; and
D is the number of days in the year of tax.
11(1AA)
The formula for working out the amount of B for the person and the car for subsection (1) is:
DV percentage | ||
Effective life of the car |
DV percentage
is the percentage applicable in using the diminishing value method (within the meaning of the
Income Tax Assessment Act 1997
) as at the start of the year of tax.
effective life of the car
is the number of years in the period specified as the effective life of the car in a determination made by the Commissioner under section
40-100
of the
Income Tax Assessment Act 1997
and in effect at the most recent time (before the end of the year of tax) the person became the owner of the car.
11(1B)
For the purposes of this Subdivision, the amount of interest that is deemed to have been incurred by a person in respect of a car in respect of the period (in this subsection called the holding period ) during a year of tax while the car was held by the person is the amount calculated in accordance with the formula:
INT | × |
DHP
DCO |
where:
INT is the amount of interest that is deemed to have been incurred by the person in respect of the car in respect of the year of tax;
DHP is the number of days in the holding period during which the car was owned by the person; and
DCO is the number of days in the period in the year of tax during which the car was owned by the person.
11(2)
For the purposes of this Subdivision, the amount of interest that is deemed to have been incurred by a person in respect of a car in respect of a year of tax is the amount calculated in accordance with the formula:
ABC
D |
where:
A is:
B is the statutory interest rate in relation to the year of tax;
C is the number of days in the period in the year of tax during which the car was owned by the person; and
D is the number of days in the year of tax.
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Sections 10 to 12 of the Act are modified by repealing the sections.]
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