C2004A03280 — Fringe Benefits Tax Assessment Act 1986

1 Short title This Act may be cited as the Fringe Benefits Tax Assessment Act 1986 . 2 Commencement This Act shall come into operation on the day on which it receives the Royal Assent. 2A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 2B Application (1) This Act extends to every external Territory referred to in the definition of Australia . (2) Except so far as the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country. (3) Except where otherwise expressly provided, this Act extends to matters and things whether occurring before or after the commencement of this Act. (4) This Act binds the Crown in each of its capacities. 3 General administration of Act The Commissioner has the general administration of this Act. Note: An effect of this provision is that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953 . 4 Annual report (1) The Commissioner shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act, including any breaches or evasions of this Act of which the Commissioner has notice. (2) The Minister shall cause a copy of a report furnished under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. (3) For the purposes of section 34C of the Acts Interpretation Act 1901 , a report that is required by subsection (1) to be furnished as soon as practicable after 30 June in a year shall be taken to be a periodic report relating to the working of this Act during the year ending on that 30 June. 5A Simplified outline of this Division The following is a simplified outline of this Division: This Division explains how to work out an employer’s fringe benefits taxable amount for a year of tax. This is the amount on which the employer must pay fringe benefits tax (see section 66). 5B Working out an employer’s fringe benefits taxable amount Year of tax 2000 ‑ 2001 and later years (1A) Subject to subsection (1D), an employer’s fringe benefits taxable amount for the year of tax beginning on 1 April 2000 or a later year of tax is the sum of the subsection (1B) amount and the subsection (1C) amount. Note: Other provisions affect the fringe benefits taxable amount. For example, see section 124 (about assessments). Subsection (1B) amount (1B) The subsection (1B) amount is the amount worked out using the formula: Subsection (1C) amount (1C) The subsection (1C) amount is the amount worked out using the formula: Increase in fringe benefits taxable amount for year of tax 2000 ‑ 2001 and later years (1D) If any benefits provided in respect of the employment of an employee of an employer are exempt benefits under section 57A, the employer’s fringe benefits taxable amount for the year of tax beginning on 1 April 2000 or a later year of tax as worked out under subsection (1A) is increased by the employer’s aggregate non ‑ exempt amount for the year of tax concerned. How to work out aggregate non ‑ exempt amount (1E) An employer’s aggregate non ‑ exempt amount for the year of tax is worked out as follows. Method statement Step 1. For each employee, add: (a) the individual grossed ‑ up type 1 non ‑ exempt amount (see subsection (1F)) in relation to the employer for the year of tax; and (b) the individual grossed ‑ up type 2 non ‑ exempt amount (see subsection (1G)) in relation to the employer for the year of tax. The result is the individual grossed ‑ up non ‑ exempt amount for the employee. Step 2. If: (b) the employer is a government body and the duties of the employment of one or more employees are as described in paragraph 57A(2)(b) (which is about duties of employment being exclusively performed in or in connection with certain hospitals); or (c) the employer is a public hospital; or (ca) the employer provides public ambulance services or services that support those services and the employee is predominantly involved in connection with the provision of those services; or (d) the employer is a hospital described in subsection 57A(4) (which is about hospitals carried on by certain societies and associations that are exempt from income tax); subtract $17,000 from the individual grossed ‑ up non ‑ exempt amount for each employee of the employer referred to in paragraph (c), (ca) or (d), or each employee referred to in paragraph (b), for the year of tax. However, if the individual grossed ‑ up non ‑ exempt amount for such an employee is equal to or less than $17,000, the amount calculated under this step for the employee is nil. Step 3. If step 2 does not apply in respect of one or more employees of the employer, reduce the individual grossed ‑ up non ‑ exempt amount for each such employee by $30,000, but not below nil. Step 4. If the amount calculated under step 2 or 3 in respect of an employee is positive, reduce that amount (but not below nil) by the lesser of: (a) $5,000; and (b) so much of the employee’s individual grossed ‑ up non ‑ exempt amount as relates to benefits covered by subsection (1M) (about salary packaged meal entertainment and entertainment facility leasing benefits). Step 5. Add together the amounts calculated under step 4 in relation to the employees of the employer. The total amount is the employer’s aggregate non ‑ exempt amount for the year of tax. Individual grossed ‑ up type 1 non ‑ exempt amount (1F) For the purposes of step 1 in the method statement in subsection (1E), the individual grossed ‑ up type 1 non ‑ exempt amount of an employee in relation to the employer for the year of tax is: Individual grossed ‑ up type 2 non ‑ exempt amount (1G) For the purposes of step 1 in the method statement in subsection (1E), the individual grossed ‑ up type 2 non ‑ exempt amount of an employee in relation to the employer for the year of tax is: Working out the type 1 individual base non ‑ exempt amount (1H) An employee’s type 1 individual base non ‑ exempt amount in relation to the employer for the year of tax is worked out by adding the amounts worked out under step 3 of the method statement in subsection (1K) and step 3 of the method statement in subsection (1L). Working out the type 2 individual base non ‑ exempt amount (1J) An employee’s type 2 individual base non ‑ exempt amount in relation to the employer for the year of tax is worked out by adding the amounts worked out under step 4 of the method statement in subsection (1K) and step 4 of the method statement in subsection (1L). Working out the subsection (1K) amounts (1K) An employee’s subsection (1K) amounts for the year of tax are worked out as follows. Method statement Step 1. Work out under subsection 135Q(3) for each of the employer’s employees the amount that would be the employee’s individual fringe benefit amount for the year of tax in respect of the employee’s employment by the employer if subsection 135Q(1) were amended: (a) by omitting “or 58”; and (b) by omitting “one of those sections” from paragraph (b) and “those sections” from paragraph (c) and substituting in each case “that section”. Step 2. Identify the benefits taken into account in step 1 that are GST ‑ creditable benefits (see section 149A). Step 3. So much of the amount worked out under step 1 that relates to the benefits identified under step 2 is the step 3 of subsection (1K) amount for the individual. Step 4. The remainder of the amount is the step 4 of subsection (1K) amount for the individual. Working out the subsection (1L) amounts (1L) An employee’s subsection (1L) amounts for the year of tax are worked out as follows. Method statement Step 1. Work out for each employee his or her share (if any) of the amounts that, if section 57A did not apply, would be the taxable values of the excluded fringe benefits for the year of tax in respect of the employee’s employment by the employer if those benefits were not excluded fringe benefits, but disregarding benefits: (a) that constitute the provision of meal entertainment as defined in section 37AD (whether or not the employer made an election under section 37AA); or (b) that are car parking fringe benefits; or (c) whose taxable values are wholly or partly attributable to entertainment facility leasing expenses. Step 2. Identify the benefits taken into account in step 1 that are GST ‑ creditable benefits (see section 149A). Step 3. So much of the amount worked out under step 1 that relates to the benefits identified under step 2 is the step 3 of subsection (1L) amount for the individual. Step 4. The remainder of the amount is the step 4 of subsection (1L) amount for the individual. Salary packaged meal entertainment and entertainment facility leasing benefits (1M) This subsection covers a benefit that is provided under a salary packaging arrangement if: (a) the benefit is constituted by the provision of meal entertainment (as defined in section 37AD, whether or not the employer has elected that Division 9A of Part III apply to the employer); or (b) the benefit is wholly or partly attributable to entertainment facility leasing expenses. Using aggregate fringe benefits amount for most recent base year (2) This section is subject to section 135G. Note: Section 135G allows the fringe benefits taxable amount to be worked out using the employer’s aggregate fringe benefits amount from an earlier year of tax in special cases. Definitions (3) In this section: FBT rate means the rate of fringe benefits tax for the year of tax. GST rate means the rate of goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999 for the year of tax. type 1 aggregate fringe benefits amount means the employer’s type 1 aggregate fringe benefits amount for the year of tax worked out under subsection 5C(3). type 2 aggregate fringe benefits amount means the employer’s type 2 aggregate fringe benefits amount for the year of tax worked out under subsection 5C(4). 5C Aggregate fringe benefits amount (1) Work out an employer’s aggregate fringe benefits amount for a year of tax earlier than the year of tax beginning on 1 April 2000 as follows: Method statement Step 1. Work out under Division 3 for each of the employer’s employees the individual fringe benefits amount for the year of tax in respect of the employment of the employee by the employer. Step 2. Add up all the individual fringe benefits amounts worked out under Step 1. Step 3. Add up the taxable value of every excluded fringe benefit (other than an amortised fringe benefit) relating to an employee of the employer, the employer and the year of tax. Note: Subsection 5E(3) explains what is an excluded fringe benefit. Step 4. Add the total from Step 2 to the total from Step 3. Note: The result of Step 4 is the employer’s aggregate fringe benefits amount if there are no amortised fringe benefits or reducible fringe benefits in relation to the employer. Step 5. Add to the total from Step 4 the amortised amount for the year of tax of each amortised fringe benefit (if any) relating to an employee of the employer, the employer and any year of tax. Step 6. Subtract from the total from Step 5 the reduction amount for the year of tax of each reducible fringe benefit (if any) relating to an employee of the employer, the employer and the year of tax. (2) An employer’s aggregate fringe benefits amount for the year of tax beginning on 1 April 2000 or a later year of tax is the sum of the employer’s type 1 aggregate fringe benefits amount and the employer’s type 2 aggregate fringe benefits amount for the year of tax. (3) Work out an employer’s type 1 aggregate fringe benefits amount for a year of tax as follows. Method statement Step 1. Identify the fringe benefits in respect of each of the employer’s employees that are GST ‑ creditable benefits (see section 149A), and work out under Division 3 for each of those employees the individual fringe benefits amount for the year of tax in relation to those fringe benefits. Step 2. Add up all the individual fringe benefits amounts worked out under step 1. Step 3. Identify the excluded fringe benefits (other than an amortised fringe benefit) for the year of tax in respect of each of the employer’s employees that are GST ‑ creditable benefits, and add up the taxable values of all those excluded fringe benefits. Note 1: Subsection 5E(3) explains what is an excluded fringe benefit. Note 2: Section 149A explains what is a GST ‑ creditable benefit. Step 4. Add the total from step 2 to the total from step 3. Note: The result of step 4 is the employer’s type 1 aggregate fringe benefits amount if there are no amortised amounts in relation to the employer. Step 5. Add to the total from step 4 the amortised amount for the year of tax of each amortised fringe benefit (if any) relating to an employee of the employer, the employer and any year of tax that are GST ‑ creditable benefits. The total amount is the employer’s type 1 aggregate fringe benefits amount for the year of tax. Note: Section 65CA explains what is an amortised fringe benefit. (4) Work out an employer’s type 2 aggregate fringe benefits amount for a year of tax as follows. Method statement Step 1. Identify, in respect of each of the employer’s employees, the fringe benefits that are not taken into account under step 1 of the method statement in subsection (3), and work out under Division 3 for each of those employees the individual fringe benefits amount for the year of tax in relation to those fringe benefits. Step 2. Add up all the individual fringe benefits amounts worked out under step 1. Step 3. Identify, in respect of each of the employer’s employees, the excluded fringe benefits (other than an amortised fringe benefit) for the year of tax that are not taken into account under step 3 of the method statement in subsection (3), and add up the taxable values of all those excluded fringe benefits. Note: Subsection 5E(3) explains what is an excluded fringe benefit. Step 4. Add the total from step 2 to the total from step 3. Note: The result of step 4 is the employer’s type 2 aggregate fringe benefits amount if there are no amortised amounts or reducible fringe benefits in relation to the employer. Step 5. Add to the total from step 4 the amortised amount for the year of tax of each amortised fringe benefit (if any) relating to an employee of the employer, the employer and any year of tax that is not taken into account under step 5 of the method statement in subsection (3). Note 1: The result of step 5 is the employer’s type 2 aggregate fringe benefits amount if there are no reducible fringe benefits in relation to the employer. Note 2: Section 65CA explains what is an amortised fringe benefit. Step 6. Subtract from the total from step 5 the reduction amount for the year of tax of each reducible fringe benefit (if any) relating to an employee of the employer, the employer and the year of tax. The total amount is the employer’s type 2 aggregate fringe benefits amount for the year of tax. Note: Other provisions may affect the aggregate fringe benefits amount. For example, see section 67 (about arrangements to avoid or reduce tax), section 135L (about reducing the aggregate fringe benefits amount of an employer who is in business for only part of a year of tax) and section 152B (about entertainment facility leasing expenses). 5D Simplified outline The following is a simplified outline of this Division: An employee’s individual fringe benefits amount is the employee’s share of the taxable value of fringe benefits (with some exclusions) provided in respect of his or her employment. 5E Employee’s individual fringe benefits amount Overview (1) This section explains how to work out an employee’s individual fringe benefits amount for a year of tax in respect of the employee’s employment by an employer. General rule (2) The individual fringe benefits amount is the sum of the employee’s share of the taxable value of each fringe benefit that relates to the year of tax and is provided in respect of the employment other than an excluded fringe benefit. What is an excluded fringe benefit ? (3) An excluded fringe benefit is a fringe benefit: (a) that is: (i) constituted by the provision of meal entertainment (as defined in section 37AD, whether or not the employer has elected that Division 9A of Part III apply to the employer); and (ii) not provided under a salary packaging arrangement; or (b) that is a car parking fringe benefit (see subsection 136(1)); or (c) that is: (i) a benefit whose taxable value is wholly or partly attributable to entertainment facility leasing expenses; and (ii) not provided under a salary packaging arrangement; or (e) whose taxable value is worked out under section 59 (about remote area residential fuel); or (f) whose taxable value is reduced under section 60 (about remote area housing); or (g) that is an amortised fringe benefit (see subsection 136(1)); or (h) that is a reducible fringe benefit (see subsection 136(1)); or (i) that is a benefit prescribed by the regulations for the purposes of this paragraph; or (j) that relates to occasional travel to a major population centre in Australia provided to employees and family members resident in a location that is not in or adjacent to an eligible urban area; or (k) that relates to freight costs for foodstuffs provided to employees resident in a location that is not in or adjacent to an eligible urban area; or (l) that is provided to address a security concern: (i) relating to the personal safety of an employee, or an associate of an employee; and (ii) that arises in respect of the employee’s employment. If section 135G applies to the employer (4) If: (a) section 135G applies for working out the employer’s liability to pay tax for the year of tax; and (b) one or more fringe benefits are provided in relation to the year of tax in respect of the employee’s employment by the employer; the employee’s individual fringe benefits amount is the amount determined by the employer in writing. This subsection has effect despite subsection (2). Note: Section 135G allows use of the employer’s aggregate fringe benefits amount for an earlier year of tax in working out the employer’s liability for tax for the current year of tax. Determining individual fringe benefits amounts (5) In making a determination under subsection (4), the employer must: (a) ensure that the total of the amount or amounts determined by the employer under that subsection for the year of tax equals the aggregate fringe benefits amount used for working out the employer’s liability to pay tax for the year of tax; and (b) if that subsection applies to 2 or more of the employer’s employees for the year of tax—act reasonably, having regard to the fringe benefit or fringe benefits provided in relation to the year of tax in respect of each employee’s employment. Security concerns relating to employees or associates (6) A fringe benefit referred to in paragraph (3)(l) is an excluded fringe benefit only to the extent that its provision is consistent with a threat assessment in relation to the employee or associate made by a person who is recognised by: (a) a relevant industry body or government body; or (b) the Commissioner; as competent to make threat assessments. 5F Working out the employee’s share Overview (1) This section explains how to work out an employee’s share of the taxable value of a fringe benefit relating to the employee, an employer and a year of tax. Individually ‑ valued benefit provided in respect of one employee (2) The employee’s share is 100% of the taxable value if: (a) the fringe benefit was provided in respect of the employment of the employee by the employer and was not provided in respect of the employment of anyone else; and (b) the taxable value of the fringe benefit was worked out for that particular fringe benefit (not merely as part of the total taxable value of fringe benefits in a class including that particular benefit). Individually ‑ valued benefit shared by 2 or more employees (3) The employee’s share is so much of the taxable value as is reasonably attributable to the provision of the fringe benefit in respect of the employee’s employment by the employer, taking account of any relevant matters, if: (a) the fringe benefit was provided in respect of the employment of the employee by the employer and in respect of the employment of another employee; and (b) the taxable value of the fringe benefit was worked out for that particular fringe benefit (not merely as part of the total taxable value of fringe benefits in a class including that particular benefit). Benefits valued in aggregate (4) If: (a) the fringe benefit is one of a class of fringe benefits provided in respect of the employment of one or more employees by the employer; and (b) the total taxable value of all the fringe benefits in the class is worked out by a single calculation; the employee’s share of the taxable value of the fringe benefit is so much of the total taxable value as is reasonably attributable to the provision of the fringe benefit in respect of the employee’s employment by the employer, taking account of any relevant matters. Shares of different employees must total 100% of taxable value (5) If: (a) the fringe benefit was provided in respect of the employment of 2 or more employees; and (b) each of those employees has an employee’s share of the taxable value of the fringe benefit; the sum of those shares must equal the taxable value of the fringe benefit. Single employee’s shares must equal total taxable value (6) If all the fringe benefits in a class described in subsection (4) are provided in respect of the employment of the same employee (and none of them is provided in respect of the employment of anyone else), the sum of the employee’s shares of the taxable value of the fringe benefits must equal the total taxable value of the fringe benefits. 6 Part not to limit generality of benefit The provisions of this Part do not limit the generality of the expression benefit . 7 Car benefits (1) Where: (a) at any time on a day, in respect of the employment of an employee, a car held by a person (in this subsection referred to as the provider ): (i) is applied to a private use by the employee or an associate of the employee; or (ii) is taken to be available for the private use of the employee or an associate of the employee; and (b) either of the following conditions is satisfied: (i) the provider is the employer, or an associate of the employer, of the employee; (ii) the car is so applied or available, as the case may be, under an arrangement between: (A) the provider or another person; and (B) the employer, or an associate of the employer, of the employee; that application or availability of the car shall be taken to constitute a benefit provided on that day by the provider to the employee or associate in respect of the employment of the employee. (2) Where, at a particular time, the following conditions are satisfied in relation to an employee of an employer: (a) a car is held by a person, being: (i) the employer; (ii) an associate of the employer; or (iii) a person (other than the employer or an associate of the employer) with whom, or in respect of whom, the employer or an associate of the employer has an arrangement relating to the use or availability of the car; (b) the car is garaged or kept at or near a place of residence of the employee or of an associate of the employee; the car shall be taken, for the purposes of this Act, to be available at that time for the private use of the employee or associate, as the case may be. (2A) Subsection (2) does not apply to a car that: (a) is used by an ambulance service, a firefighting service or a police service; and (b) is visibly marked on its exterior for that use; and (c) is fitted with: (i) a flashing warning light; and (ii) a horn, bell or alarm that can give audible warning of the approach or position of the car by making sounds with different amplitude, tones or frequencies on a regular time cycle. (3) Where, at a particular time, the following conditions are satisfied in relation to an employee of an employer: (a) a car is held by a person, being: (i) the employer; (ii) an associate of the employer; or (iii) a person (other than the employer or an associate of the employer) with whom, or in respect of whom, the employer or an associate of the employer has an arrangement relating to the use or availability of the car; (b) the car is not at business premises of: (i) the employer; (ii) an associate of the employer; or (iii) a person (other than the employer or an associate of the employer) with whom, or in respect of whom, the employer or an associate of the employer has an arrangement relating to the use or availability of the car; (c) any of the following conditions is satisfied: (i) the employee is entitled to apply the car to a private use; (ii) the employee is not performing the duties of his or her employment and has custody or control of the car; (iii) an associate of the employee is entitled to use, or has custody or control of, the car; the car shall be taken, for the purposes of this Act, to be available at that time for the private use of the employee or associate, as the case may be. (4) For the purposes of subsection (3), where a prohibition on the application of a car, or on the application of a car for a private use, by a person is not consistently enforced, the person shall be deemed to be entitled to use the car, or to apply the car to a private use, notwithstanding the prohibition. (5) For the purposes of this Act, a car shall be deemed to be applied by a person if it is applied in accordance with the directions, instructions or wishes of the person. (6) For the purposes of this Division, a car that is let on hire to a person under a hire ‑ purchase agreement shall be deemed: (a) to have been purchased by the person at the time when the person first took the car on hire; and (b) to have been owned by the person at all material times. (7) A reference in this Division to a car held by a person (in this subsection referred to as the provider ) does not include a reference to: (a) a car used for taxi travel (other than a limousine) let on hire to the provider; or (b) a car let on hire to the provider under an agreement of a kind ordinarily entered into by persons taking cars on hire intermittently as occasion requires on an hourly, daily, weekly or other short ‑ term basis unless the car has been or may reasonably be expected to be on hire under successive agreements of a kind that result in substantial continuity of the hiring of the car. 8 Exempt car benefits (1) Except insofar as section 7 provides that the application or availability of a car held by a person is a benefit, the application or availability of a car held by a person is an exempt benefit. (2) A car benefit provided in a year of tax in respect of the employment of a current employee is an exempt benefit in relation to the year of tax if: (a) the car is: (i) a panel van or utility truck, designed to carry a load of less than 1 tonne; or (ia) used for taxi travel, designed to carry a load of less than 1 tonne, and not a limousine; or (ii) any other road vehicle designed to carry a load of less than 1 tonne (other than a vehicle designed for the principal purpose of carrying passengers); and (b) there was no private use of the car during the year of tax and at a time when the benefit was provided other than: (i) work ‑ related travel of the employee; and (ii) other private use by the employee or an associate of the employee, being other use that was minor, infrequent and irregular. (3) Where: (a) a car benefit relating to a particular car is provided by a particular person (in this subsection called the provider ) in a year of tax in respect of the employment of a current employee of an employer; (b) at all times during the year of tax when the car was held by the provider, the car was unregistered; and (c) during the period in the year of tax when the car was held by the provider, the car was wholly or principally used directly in connection with business operations of: (i) the employer; or (ii) if the employer is a company—the employer or a company that is related to the employer; the car benefit is an exempt benefit in relation to the year of tax. (4) A car benefit is an exempt benefit in relation to a year of tax if: (a) the car benefit is provided in the year of tax in respect of the employment of a current employee; and (b) the person providing the benefit cannot deduct an amount under the Income Tax Assessment Act 1997 for providing the benefit because of section 86 ‑ 60 of that Act. Note: Section 86 ‑ 60 of the Income Tax Assessment Act 1997 (read together with section 86 ‑ 70 of that Act) limits the extent to which personal service entities can deduct car expenses. Deductions are not allowed for more than one car for private use. 8A Exempt car benefits: cars that are zero or low emissions vehicles (1) A car benefit is an exempt benefit in relation to a year of tax if: (a) the benefit is provided in the year of tax in respect of the employment of a current employee; and (b) the car is a zero or low emissions vehicle when the benefit is provided; and (c) no amount of luxury car tax (within the meaning of the A New Tax System (Luxury Car Tax) Act 1999 ) has become payable on a supply (within the meaning of that Act) or importation (within the meaning of that Act) of the car before the benefit is provided. (2) A zero or low emissions vehicle is: (a) a battery electric vehicle; or (b) a hydrogen fuel cell electric vehicle. (3) A battery electric vehicle is a motor vehicle that: (a) uses only an electric motor for propulsion; and (b) is fitted with neither a fuel cell nor an internal combustion engine. (4) A hydrogen fuel cell electric vehicle is a motor vehicle that: (a) uses an electric motor for propulsion; and (b) is equipped with a fuel cell for converting hydrogen to electricity; and (c) is not fitted with an internal combustion engine. 9 Taxable value of car fringe benefits—statutory formula (1) Subject to this Part, where one or more car fringe benefits in relation to an employer in relation to a year of tax relate to a particular car held by a particular person (in this section referred to as the provider ), the taxable value of that fringe benefit, or the aggregate of the taxable values of those fringe benefits, as the case may be, in relation to that year of tax, is the amount calculated in accordance with the formula: (2) For the purposes of this section: (a) the base value of the car is the sum of: (i) where, at the earliest holding time, the car was owned by the provider or an associate of the provider, the amount calculated in accordance with the formula AB, where: A is the cost price of the car to the provider or associate, as the case may be; and B is: (A) in a case where the commencement of the year of tax is later than the fourth anniversary of the earliest holding time—⅔; or (B) in any other case—1; and (ii) in a case to which subparagraph (i) does not apply—the amount calculated in accordance with the formula AB, where: A is the leased car value of the car at the earliest holding time; and B is: (A) in a case where the commencement of the year of tax is later than the fourth anniversary of the earliest holding time—⅔; or (B) in any other case—1; and (iii) the cost price of each non ‑ business accessory that: (A) was fitted to the car after the earliest holding time and before the end of the year of tax; and (B) remained fitted to the car at a time during the year of tax when the car was held by the provider; (b) the earliest holding time, in relation to a car held by the provider at a particular time (in this paragraph referred to as the current time ), is the earliest time before the current time when the car was held by the provider or an associate of the provider; and (e) the amount of the recipient’s payment is the sum of: (i) in a case where expenses were incurred to the provider or employer during the holding period by recipients of the car fringe benefits by way of consideration for the provision of the car fringe benefits—the amount of those expenses paid by the recipients less any amount paid or payable to the recipients by way of reimbursement of those expenses; and (ia) in a case where car expenses in respect of fuel or oil for the car were incurred during the holding period by recipients of the car fringe benefits and: (A) the persons incurring those expenses give to the employer, before the declaration date, declarations, in a form approved by the Commissioner, in respect of those expenses; or (B) documentary evidence of those expenses is obtained by the persons incurring the expenses and given to the employer before the declaration date; the amount of those expenses paid by the recipients less any amount paid or payable to the recipients by way of reimbursement of those expenses; and (ii) in a case where: (A) car expenses in respect of the car (other than car expenses in respect of fuel or oil for the car) were incurred during the holding period by recipients of the car fringe benefits; and (B) documentary evidence of those expenses is obtained by the persons incurring the expenses and given to the employer before the declaration date; the amount of those expenses paid by the recipients less any amount paid or payable to the recipients by way of reimbursement of those expenses; and (f) the holding period is the period in the year of tax when the car was held by the provider. 10 Taxable value of car fringe benefits—cost basis (1) An employer may, in relation to a particular car, elect that this section apply in relation to all the car fringe benefits in relation to the employer in relation to a year of tax that relate to that car. (2) Subject to this Part, where an election is made under subsection (1), the taxable value, or the aggregate of the taxable values, as the case requires, of the car fringe benefits in relation to the employer in relation to the year of tax that relate to the car while it was held by a particular person (in this section referred to as the provider ) during a particular period (in this section referred to as the holding period ) in the year of tax is the amount calculated in accordance with the formula: where: C is the operating cost of the car during the holding period; BP is: (a) if, under section 10A or 10B, the employer is not entitled to a reduction in the operating cost of the car on account of business journeys undertaken in the car during the holding period—nil; or (c) in any other case—the business use percentage applicable to the car for the holding period; and R is the amount (if any) of the recipient’s payment. (3) For the purposes of subsection (2): (a) the operating cost of the car during the holding period is the sum of: (i) any car expenses (other than insured repair expenses or expenses in respect of registration and insurance) relating to the car incurred during the holding period (whether the expenses are incurred by the provider or by any other person), not including, in a case where the car is leased to the provider, any car expenses incurred by the lessor pursuant to the lease agreement; and (ii) so much of any expense paid or payable in respect of the registration of, or insurance in respect of, the car as is attributable to the holding period (whether the expenses are incurred by the provider or by any other person), not including: (A) in a case where the car is owned by the provider—any expense incurred before the provider became the owner of the car; or (B) in a case where the car is leased to the provider—any expense incurred by the lessor pursuant to the lease agreement; and (iii) in a case where the car is owned by the provider: (A) the amount of depreciation that is deemed to have been incurred by the provider in respect of the car in respect of the holding period; and (B) the amount of interest that is deemed to have been incurred by the provider in respect of the car in respect of the holding period; and (iv) in a case where the car is owned by the provider and a non ‑ business accessory was fitted to the car during the period when the car was owned by the provider and remained fitted to the car at a time during the holding period: (A) the amount of depreciation that would be deemed to have been incurred by the provider in respect of the accessory in respect of the holding period if the accessory were a car; and (B) the amount of interest that would be deemed to have been incurred by the provider in respect of the accessory in respect of the holding period if the accessory were a car; and (v) in a case where the car is leased to the provider: (A) where sub ‑ subparagraph (B) does not apply—so much of the charges paid or payable under the lease agreement as are attributable to the holding period; or (B) where the lessor was entitled to privileges or exemptions in relation to customs duty in respect of a transaction by which the lessor purchased the car—the amount that could reasonably be expected to have been applicable under sub ‑ subparagraph (A) if the lessor had not been entitled to those privileges or exemptions; and (vi) in a case where the car is neither owned by, nor leased to, the provider—the amount of depreciation and interest that would be deemed to have been incurred by the provider in respect of the car in respect of the holding period if the car had been purchased by the provider at the time when the provider commenced to hold the car for a consideration equal to the leased car value of the car at that time; and (c) the amount of the recipient’s payment is the sum of: (i) in a case where expenses were incurred to the provider or employer during the holding period by recipients of the car fringe benefits by way of consideration for the provision of the car fringe benefits—the amount of those expenses paid by the recipients less any amount paid or payable to the recipients by way of reimbursement of those expenses; and (ia) in a case where car expenses in respect of fuel or oil for the car were incurred during the holding period by recipients of the car fringe benefits and: (A) the persons incurring those expenses give to the employer, before the declaration date, declarations, in a form approved by the Commissioner, in respect of those expenses; or (B) documentary evidence of those expenses is obtained by the persons incurring the expenses and given to the employer before the declaration date; the amount of those expenses paid by the recipients less any amount paid or payable to the recipients by way of reimbursement of those expenses; and (ii) in a case where: (A) car expenses in respect of the car (other than car expenses in respect of fuel or oil for the car) were incurred during the holding period by recipients of the car fringe benefits; and (B) documentary evidence of those expenses is obtained by the persons incurring the expenses and given to the employer before the declaration date; the amount of those expenses paid by the recipients less any amount paid or payable to the recipients by way of reimbursement of those expenses. (3A) A reference in subparagraph (3)(a)(i) to an insured repair expense relating to a car is a reference to: (a) so much of an expense incurred in respect of repairs to the car as does not exceed an amount: (i) received by way of insurance in respect of the repairs by the person incurring the expense; (ii) paid by way of insurance in respect of the repairs in discharge of the obligation of the insured to pay the expense; (iii) received by way of compensation in respect of the repairs by the person incurring the expense from the person legally responsible for the damage to the car; or (iv) paid by way of compensation in respect of the repairs by the person legally responsible for the damage to the car in discharge of the obligation of the person incurring the expense to pay the expense; or (b) an expense incurred in respect of repairs to the car: (i) by an insurer under a contract of insurance; or (ii) by way of compensation by the person legally responsible for the damage to the car. (3B) Where, in accordance with subsection 162K(2), the identity of a car changes one or more times during the period (in this subsection called the overall holding period ) that, apart from that subsection, would be the holding period, the operating cost of the car during each period (in this subsection called a statutory holding period ) that is a holding period in relation to the car when the car had a separate identity is so much of the amount that would have been the operating cost of the car during the overall holding period (assuming that the identity of the car had not changed during the overall holding period) as is attributable to the statutory holding period. (3C) Where, in accordance with subsection 162K(2), the identity of a car changes one or more times during the period (in this subsection called the overall holding period ) that, apart from that subsection, would be the holding period, the recipient’s payment in relation to each period (in this subsection called a statutory holding period ) that is a holding period in relation to the car when the car had a separate identity is so much of the amount that would have been the recipient’s payment in relation to the overall holding period (assuming that the identity of the car had not changed during the overall holding period) as is attributable to the statutory holding period. (3D) In determining, for the purposes of this section, whether: (a) an expense is paid or payable in respect of the registration of, or insurance in respect of, a car; or (b) a charge is paid or payable under a lease agreement in respect of a car; or (c) a lessor of a car is entitled to privileges or exemptions in relation to customs duty in respect of a transaction by which the lessor purchased the car; a change, in accordance with subsection 162K(2), to the identity of the car shall be disregarded. (4) An election by an employer under subsection (1) in relation to a year of tax: (a) shall be made by notice in writing to the Commissioner; and (b) shall be lodged with the Commissioner on or before the declaration date. (5) Where: (a) an employer elects that this section apply in relation to all the car fringe benefits in relation to the employer in relation to a year of tax that relate to a particular car; and (b) the taxable value, or the aggregate of the taxable values, as the case requires, of the car fringe benefits that relate to the car ascertained under subsection (2) of this section exceeds the taxable value, or the aggregate of the taxable values, as the case requires, that would have been ascertained under section 9 if that election had not been made; this Act (other than section 162G) applies, and shall be deemed always to have applied, for the purposes of ascertaining that taxable value, or the aggregate of those taxable values, as the case requires, as if that election had not been made. (6) Nothing in section 74 prevents the amendment of an assessment for the purpose of giving effect to subsection (5). 10A No reduction of operating cost in a log book year of tax unless log book records and odometer records are maintained Where one or more car fringe benefits in relation to an employer in relation to a year of tax relate to a car while it was held by a particular person (in this section called the provider ) during a particular period (in this section called the holding period ) in a year of tax that is a log book year of tax of the employer in relation to the car, the employer is entitled to a reduction in the operating cost of the car on account of business journeys undertaken in the car during the holding period if, and only if: (a) log book records and odometer records are maintained by or on behalf of the provider for an applicable log book period in relation to the car; and (b) odometer records are maintained by or on behalf of the provider for the holding period; and (c) if the provider is not the employer—those log book records and odometer records are given to the employer before the declaration date; and (d) the employer specifies the employer’s estimate of the number of business kilometres travelled by the car during the holding period; and (e) the employer specifies a percentage as the business use percentage applicable to the car in relation to the provider for the holding period. 10B No reduction of operating cost in a non ‑ log book year of tax unless log book records and odometer records are maintained in log book year of tax Where one or more car fringe benefits in relation to an employer in relation to a year of tax relate to a car while it was held by a particular person (in this section called the provider ) during a particular period (in this section called the holding period ) in a year of tax that is not a log book year of tax of the employer in relation to the car, the employer is entitled to a reduction in the operating cost of the car on account of business journeys undertaken during the holding period in the car if, and only if: (a) odometer records are maintained by or on behalf of the provider in relation to the car for the holding period and, if the provider is not the employer, are given to the employer before the declaration date; and (b) the employer specifies the employer’s estimate of the number of business kilometres travelled by the car in the holding period; and (c) the employer specifies the business use percentage applicable to the car in relation to the provider for the holding period. 11 Calculation of depreciation and interest (1A) 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: 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. (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: where: A is: (a) where the car was owned by the person at the beginning of the year of tax—the depreciated value of the car at that time; or (b) in any other case—the cost price of the car to the person; 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. (1AA) The formula for working out the amount of B for the person and the car for subsection (1) is: where: 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. (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: 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. (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: where: A is: (a) where the car was owned by the person at the beginning of the year of tax—the depreciated value of the car at that time; or (b) in any other case—the cost price of the car to the person; 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. 12 Depreciated value (1) In this Subdivision, the depreciated value of a car at a particular time (the relevant time ) is the amount worked out using the formula: where: A is: (a) if the car was owned by the person at the start of 1 July 1986—the depreciated value worked out under subsection (2); or (b) in any other case—the cost price of the car to the person. B is the total amount of depreciation (if any) that would have been taken to have been incurred by the person in respect of the car for the period after the start of 1 July 1986 and before the relevant time when the person owned the car, if the depreciation taken to have been incurred for that period were calculated in accordance with subsection 11(1). (2) The depreciated value of a car owned by a person at the start of 1 July 1986 is the cost price of the car to that person, reduced by the total amount of depreciation that would have been taken to have been incurred by the person in respect of the car for the period before that time when it was owned by the person if: (a) the depreciation taken to have been incurred for that period were calculated in accordance with subsection 11(1); and (b) each year starting on 1 July were a year of tax. 13 Expenditure to be increased in certain circumstances (1) The following provisions apply for the purpose of determining the base value of a car for the purposes of section 9 or the operating cost of a car for the purposes of section 10. (2) Where the amount (if any) of expenditure incurred by a person under a transaction that is not an arm’s length transaction is less than the amount (in this subsection referred to as the increased amount ) of expenditure that could reasonably have been expected to have been incurred by the person under the transaction if it had been an arm’s length transaction, the person shall be deemed, under the transaction, to have incurred the increased amount of expenditure. (3) The reference in subsection (2) to expenditure does not include a reference to expenditure by a recipient of a car benefit in relation to the car by way of reimbursement of expenditure incurred by another person. (4) Where, in a case to which subsection (2) does not apply: (a) a person acquires any property, or is provided with any benefit; and (b) the person incurs no expenditure in respect of the acquisition of that property or the provision of that benefit; the person shall be deemed to have incurred, in respect of the acquisition of that property or the provision of that benefit, expenditure equal to the amount that the person could reasonably be expected to have been required to pay to purchase that property, or obtain the provision of that benefit, on the open market. 14 Debt waiver benefits Where, at a particular time, a person (in this section referred to as the provider ) waives the obligation of another person (in this section referred to as the recipient ) to pay or repay to the provider an amount, the waiver shall be taken to constitute a benefit provided at that time by the provider to the recipient. 15 Taxable value of debt waiver fringe benefits Subject to this Part, the taxable value in relation to a year of tax of a debt waiver fringe benefit provided in the year of tax is the amount the payment or repayment of which is waived. 16 Loan benefits (1) Where a person (in this subsection referred to as the provider ) makes a loan to another person (in this subsection referred to as the recipient ), the making of the loan shall be taken to constitute a benefit provided by the provider to the recipient and that benefit shall be taken to be provided in respect of each year of tax during the whole or a part of which the recipient is under an obligation to repay the whole or any part of the loan. Note: A loan benefit that is taken under this subsection to be provided in respect of a year of tax may not be provided as a fringe benefit if: (a) the loan was made in that year of tax or a previous year of tax; and (b) a dividend is not taken to be paid under section 109D of the Income Tax Assessment Act 1936 in relation to the loan, because of section 109N of that Act. See paragraph (s) of the definition of fringe benefit in subsection 136(1) of this Act. (2) For the purposes of this Act, where: (a) a person (in this subsection referred to as the debtor ) is under an obligation to pay or repay an amount (in this subsection referred to as the principal amount ) to another person (in this subsection referred to as the creditor ); (b) the principal amount is not the whole or a part of the amount of a loan; and (c) after the due date for payment or repayment of the principal amount, the whole or part of the principal amount remains unpaid; the following provisions have effect: (d) the creditor shall be deemed, immediately after the due date, to have made a loan (in this subsection referred to as the deemed loan ) of the principal amount to the debtor; (e) at any time when the debtor is under an obligation to repay any part of the principal amount, the debtor shall be deemed to be under an obligation to repay that part of the deemed loan; (f) the deemed loan shall be deemed to have been made: (i) if interest accrues on so much of the principal amount as remains from time to time unpaid—at the rate of interest at which that interest accrues; or (ii) in any other case—at a nil rate of interest. (3) For the purposes of this Act, where a person (in this subsection referred to as the provider ) makes a deferred interest loan (in this subsection referred to as the principal loan ) to another person (in this subsection referred to as the recipient ): (a) the provider shall be deemed, at the end of: (i) the period of 6 months commencing on the day on which the principal loan was made; and (ii) each subsequent period of 6 months; (being in either case a period ending on or after 1 July 1986 during the whole of which the recipient is under an obligation to repay the whole or any part of the principal loan) to have made a loan (in this subsection referred to as the deemed loan ) to the recipient of an amount equal to the amount by which the interest (in this subsection referred to as the accrued interest ) that has accrued on the principal loan in respect of that period exceeds the amount (if any) paid in respect of the accrued interest before the end of that period; (b) where any part of the accrued interest becomes payable or is paid after the time when the deemed loan is deemed to have been made, the deemed loan shall be reduced accordingly; and (c) the deemed loan shall be deemed to have been made at a nil rate of interest. (4) In subsection (3), deferred interest loan means a loan in respect of which interest is payable at a rate exceeding nil, other than: (a) a loan where the whole of the interest is due for payment within 6 months after the loan is made; or (b) a loan where: (i) the interest is payable by instalments; (ii) the intervals between instalments do not exceed 6 months; and (iii) the first instalment is due for payment within 6 months after the loan is made. (5) For the purposes of this Act, where no interest is payable in respect of a loan, a nil rate of interest shall be taken to be payable in respect of the loan. 17 Exempt loan benefits (1) Where: (a) a loan is made by a person who carries on a business that consists of or includes making loans to members of the public; and (b) the rate of interest payable in respect of the loan: (i) is specified in a document in existence at the time the loan is made; (ii) is not less than the rate of interest in respect of a similar arm’s length loan made by the person, at or about that time, to a member of the public in the ordinary course of carrying on that business; and (iii) cannot be varied; the making of the loan is an exempt benefit. (2) Where: (a) a loan is made by a person who carries on a business that consists of or includes making loans to members of the public; and (b) the rate of interest from time to time payable in respect of the loan in respect of a year of tax is not less than the rate of interest applicable at the time concerned in respect of a similar arm’s length loan made by the person, at or about the time the loan referred to in paragraph (a) is made, to a member of the public in the ordinary course of carrying on that business; the making of the loan is an exempt benefit in relation to that year of tax. (3) Where: (a) a loan consists of an advance by an employer to a current employee of the employer in respect of his or her employment; (b) the sole purpose of the making of the loan is to enable the employee to meet expenses incurred by the employee: (i) in the course of performing the duties of that employment; and (ii) not later than 6 months after the loan is made; (c) the amount of the loan does not substantially exceed the amount of those expenses that could reasonably be expected to be incurred by the employee; and (d) the employee is required: (i) to account to the employer, not later than 6 months after the loan is made, for expenses met from the loan; and (ii) to repay (whether by set ‑ off or otherwise) any amount not so accounted for; the making of the loan is an exempt benefit. (4) Where: (a) the making of a loan consisting of an advance by an employer to an employee of the employer constitutes a benefit in respect of the employment of the employee in respect of a year of tax (in this subsection called the current year of tax ); (b) the sole purpose of the making of the loan is to enable the employee to pay any of the following amounts payable by the employee in respect of accommodation: (i) a rental bond; (ii) a security deposit in respect of electricity, gas or telephone services; (iii) any similar amount; (c) the employee is required to repay (whether by set ‑ off or otherwise) the loan not later than 12 months after the loan is made; (d) any of the following benefits is provided in, or in respect of, any year of tax to the employee in respect of that employment: (i) an expense payment benefit where the recipients expenditure is in respect of a lease or licence in respect of that accommodation; (ii) a housing benefit where the housing right is in respect of that accommodation; (iii) a residual benefit where the recipients benefit is constituted by the subsistence of a lease or licence in respect of that accommodation; and (e) either of the following subparagraphs apply: (i) by virtue of section 21 or subsection 47(5), the benefit referred to in paragraph (d) is an exempt benefit in relation to the year of tax ref