Fringe Benefits Tax - Exempt Motor Vehicles
Fringe Benefits Tax - Exempt Motor Vehicles
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/
Last modified: 26 Aug 2020
QC 16941
A fringe benefit is a 'payment' to an employee, but in a different form to salary or
wages.
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FBT is separate to income tax and is calculated on the taxable value of the fringe
benefit. The employer must self-assess their FBT liability for the FBT year (that is,
1 April to 31 March) and lodge an FBT return.
Employers can generally claim an income tax deduction for the cost of providing
fringe benefits and for the FBT they pay. Employers can also generally claim GST
credits for items provided as fringe benefits.
Watch:
Media: Paying workers - Fringe benefits tax: Tax basics for small business
http://tv.ato.gov.au/ato-tv/media?v=bd1bdiubfiyse9 (Duration: 04:31)
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Find out about:
Next steps:
For fringe benefits tax (FBT) purposes, a car is any of the following:
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a sedan or station wagon
any other goods-carrying vehicle with a carrying capacity of less than one
tonne, such as a panel van or utility (including four-wheel drive vehicles)
any other passenger-carrying vehicle designed to carry fewer than nine
passengers.
If the vehicle is not a car, and the employee has private use of it, the employer may
be providing a residual fringe benefit rather than a car fringe benefit.
We have just released virtual introductory sessions to help employers work out
whether they are providing a car fringe benefit.
Employers can register by selecting a date and time that suits them.
We have also developed a video series to help employers calculate their car fringe
benefits and report them on their FBT return.
Next steps:
Private use
A car is taken to be available for the private use of an employee on any day they or
their associates use it, or are allowed to use it, for private purposes.
If a car is garaged at or near the employee's home, even if only for security reasons,
it is taken to be available for their private use regardless of whether or not they
have permission to use the car privately. Similarly, where the place of employment
and residence are the same, the car is taken to be available for the private use of
the employee.
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Exempt car benefits
There are some circumstances where use of a car is exempt from FBT. For
example, an employee’s private use of a taxi, panel van or utility designed to carry
less than one tonne is exempt from FBT if its private use is limited to:
provides car parking for an employee, they may be providing car parking fringe
benefits
pays for, or reimburses, an employee’s expenditure on road tolls, they may be
providing an expense payment fringe benefit
allows an employee to use their employer's electronic toll tag, they may be
providing a residual fringe benefit
allows private use of a motor vehicle that is not a car, they may be providing a
residual fringe benefit.
See also:
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exempt from fringe benefits tax (FBT) if their private use is limited to:
The employer is not required to keep special records to be eligible for this
exemption. However, you must be able to demonstrate the use of the vehicle meets
the eligibility criteria at all times. This could be done by regularly comparing the
opening and closing odometer readings of the vehicle with the total distance you
expect the employee to travel between home and work during that particular period.
Alternatively, you may need more detailed records of the vehicle's usage during the
FBT year. This could be a valid log book, together with opening and closing
odometer readings.
See also:
Eligible vehicles
FBT treatment when exemption requirements not met
Eligible vehicles
Table 1 below sets out the eligibility requirements for the FBT exemption for
different types of vehicles.
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and fewer than nine
passengers.
Panel van – solid rigid- Panel vans qualify for See subsection 8(2) and
bodied, non-articulated the work-related use 47(6) Fringe Benefits
car, smaller than a truck, exemption. Tax Assessment Act
without rear side 1986.
windows
Dual cab ute – different Dual cabs qualify for the For an explanation on
from conventional goods work-related use how to work out if a dual
vehicles with extra seats exemption only if they cab is eligible for the
behind the driver and are not designed for the exemption, refer to MT
front passenger. They principal purpose of 2024 Fringe benefits
also share a common carrying passengers. tax: dual cab vehicles
chassis which can fit a eligibility for exemption
single or dual passenger where private use is
cab and alternate tray limited to certain work-
section related travel .
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Modified vehicles qualify See MT 2033 Fringe
for the work-related use benefits tax: application
exemption if, for the of sub-section 8(2)
entire FBT year when exemption to modified
Modified vehicle the car is provided, a cars.
modification or alteration
permanently affects the
inherent design of the
vehicle (for example,
hearses).
Other road vehicles See subsection 8(2) and
qualify for the work- 47(6) Fringe Benefits
related used exemption Tax Assessment Act
if they are designed to 1986.
carry:
Other road vehicle a load of one tonne or
more, or
more than eight
passengers.
Maximum loaded vehicle weight (for example, gross vehicle weight – typically
shown on the compliance plate attached to a vehicle's engine bay, door pillar or
footwell by the manufacturer or importer).
Less:
Unladen vehicle weight (for example, basic kerb weight) – this is, the weight of
the vehicle with a full capacity of lubricant, coolant and fuel together with spare
wheel, tools (including jack) and installed options. It does not include the weight
of goods or occupants.
Table 2: FBT treatment when usage requirements for this exemption are not met
If: Then:
the vehicle is a car your employee's use of the car is a car fringe benefit
your employee's and all of the private use of the car, including travel
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use of the car between home and work, is taken into account in
exceeds what is determining the business percentage.
considered minor, Note: If no log book records are maintained, the
infrequent and percentage of private use will be 100%.
irregular, and
you elect to use
the operating cost
method
the vehicle is a car your employee's use of the car is a car fringe benefit
your employee's and all of the private use of the car, including travel
use of the car between home and work, is taken into account in
exceeds what is working out when the car was used or available for the
considered minor, private use of the employee.
infrequent and
irregular, and
you use the
statutory formula
method
the motor vehicle your employee's use of the vehicle is a residual fringe
is not a car, and benefit.
your employee's Note: The operating cost method may be used for
use of the vehicle valuing the benefit. Alternatively, if there is extensive
exceeds what is business use the cents per kilometre method may be
considered minor, used to value the benefit.
infrequent and
irregular.
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the statutory formula method (based on the car’s cost price), or
the operating cost method (based on the costs of operating the car).
You can choose whichever method yields the lowest taxable value, regardless of
which method you used in a previous year. However, if you've not kept the required
documentation for the operating cost method (such as log books), you must use the
statutory formula method.
See also:
An arm’s length dealing is where each party acts independently and without
influence or control over the other. It is dependent on the nature of your relationship
and the quality of the bargaining between you
all dealings between the lessor, employer and employee are at arm’s length
and on commercial terms. An arm’s length dealing is where each party acts
independently and without influence or control over the other. It is dependent
on the nature of your relationship and the quality of the bargaining between
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you
terms are not based on the reduced (net) cost of the car (that is the cost to the
employer or lessor after any trade-in credit or employee cash contribution)
the residual value of the car is
based on a reasonable valuation of estimated market value at the end of
the lease
not based on reduced (net) cost
not less than the minimum residual values set out in ATOID 2002/1004
Car lease residual values.
an option for the employee, their associate, nominee or agent to purchase the
car is by request and agreement between the lessor and purchaser as to the
purchase price.
Trade-in vehicle or cash contribution
If an employee provides a trade-in vehicle or cash contribution towards the
purchase of the car, the employer or lessor must ensure this amount doesn't reduce
the lease payments or residual value.
Also, payments made under the lease are considered capital, not lease, payments.
They are instalments under an arrangement to buy the car at some point.
Patrick’s employer plans to supply him a new car for private use, to the
value of $40,000, under a novated lease.
Patrick pays the car dealer $1,600 of his own money to cover the on-road
costs. Patrick and his employer enter into a lease with a Fleet Management
Company (FMC). FMC, as lessor, pay the dealer the $40,000 balance.
The lease payments are calculated so that, over the three-year term,
they equal $40,000 minus the residual value at the end of the lease,
plus interest on the difference.
The residual value is calculated as 46.88% of $40,000 = $18,752. This
is the minimum residual value for leased assets with an effective life of
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eight years specified in ATO ID 2002/1004.
For FBT purposes, the employer's expenditure is $40,000. The employer
should consider this when determining the cost price of the car.
This is considered a bona fide lease because the lease payments and
residual value reflect what would normally be payable under an ordinary
commercial motor vehicle lease.
See also:
Sheila and her the employer enter into a novated lease with a Fleet
Management Company (FMC). Sheila will have private use of the car.
The FMC, as lessor, is the purchaser of the car, and is able to obtain a
$5,000 fleet discount.
The car dealer recognises this discount when the FMC acquires the car.
Sheila also trades-in her own car to the dealer, valued at $20,000.
The terms of Sheila’s FMC lease are based on the (net) $40,000 cost price.
The car may be purchased at the end of the lease for a residual value
based on the FMC’s cost price (e.g. 30% of $40,000 = $12,000). This
is less than the minimum residual value for a $60,000 car as per
ATO ID 2002/1004).
Payments, over the lease term, equal $40,000 minus the residual value
of the car at the end of the lease, plus interest on the difference.
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As Sheila paid the $20,000 trade-in credit, her payments are less than
standard commercial lease payments, and she is also able to acquire the
car at less than market value.
the car is parked at premises owned or leased by, or otherwise under the
control of, the provider (usually the employer)
the car is parked for a total of more than four hours between 7am and 7pm on
any day of the week
the car is owned by, leased to, or otherwise under the control of, an employee,
or is provided by the employer
the parking is provided in respect of the employee's employment
the car is parked at or near the employee's primary place of employment on
that day
the car is used by the employee to travel between home and work (or work and
home) at least once on that day
there is a commercial parking station that charges a fee for all-day parking
within one kilometre of the premises on which the car is parked and
the commercial parking station fee for all-day parking is more than the car
parking threshold, and
at the beginning of the fringe benefits tax (FBT) year, the commercial
parking station fee for all-day parking was more than the car parking
threshold.
The current car parking threshold can be found at Fringe benefits tax - rates and
thresholds.
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Small business and other car parking exemptions
Car parking benefits are exempt from FBT where the benefits are provided:
by employers who meet the conditions of the small business car parking
benefits exemption
by certain research, education, religious and charitable institutions
for employees with a disability (irrespective of the type of employer).
The small business car parking benefits exemption applies if all the following
conditions are satisfied:
meals and drinks including staff social functions such as Christmas parties and
farewells
sporting or theatrical events, sightseeing tours and holidays
entertaining employees and non-employees (such as clients) over a weekend
at a tourist resort or providing them with a holiday.
Recreation includes amusement, sport and similar leisure pursuits (such as a game
of golf, theatre or movie tickets, a joy flight or a harbour cruise).
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For tax and reporting purposes, providing entertainment may amount to specific
types of fringe benefits. For example:
Note that exempt benefits are not fringe benefits. Employers generally can't claim an
income tax deduction or GST credits for the cost of providing exempt benefits.
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QC 58432
Food or drink
To determine whether providing food or drink is entertainment, the employer needs
to look at the following factors. None of these on their own will determine whether
providing food and drink is entertainment, but the first two questions are the more
important.
Drinks including alcohol and light refreshments such as finger foods will be
provided to invited staff, clients and Gabrielle's family members. Paul has
hired a mini bus to take guests to the venue.
Why – the food and drink in this situation is being provided for a social
situation where the purpose of the function is for employees,
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associates and clients to enjoy themselves.
What – while light refreshments are often not considered to be
entertainment, as alcohol will be provided there is a social context.
When – although in this case food or drink will be provided during
working hours, it has the character of entertainment as it is a social
function.
Where – the food or drink is being provided in a private function room
at the local hotel rather than on the employer's business premises,
making it more likely to be entertainment.
Decision – providing the farewell function for Gabrielle as outlined above
would be classified as entertainment.
Recreation
Recreation that is entertainment includes amusement, sport and similar leisure time
activities such as:
a game of golf
a gym membership
memberships of sporting clubs
theatre or movie tickets
a joy flight or harbour cruise
accommodation and travel in connection with entertaining clients and/or
employees over a weekend at a tourist resort.
Next step:
Minor benefits
Food or drink consumed on the premises
Taxi travel expenses
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Minor benefits
A minor benefit is exempt from FBT where it is both:
less than $300 in notional taxable value (that is, the value if it was taxable),
and
unreasonable to be treated as a fringe benefit.
To determine whether it is unreasonable for a benefit to be treated as a fringe
benefit, you need to look at each of the following five factors. None of these on their
own will determine if the benefit is an exempt minor benefit, so you need to look at
all of them.
How frequently and regularly benefits that are identical or similar to the minor
benefit are provided
the more frequently and regularly identical or similar benefits are
provided, the less likely it is that the benefit will be an exempt minor
benefit.
The total value of the minor benefit and identical or similar benefits
the greater the total value of the benefit and other identical or similar
benefits, the less likely it is that the benefit will be an exempt minor
benefit.
The total value of other associated benefits; that is, those provided in
connection with the minor benefit
the greater the total of other associated benefits, the less likely it is that
the minor benefit will be an exempt benefit.
The practical difficulty for you in determining the value of the minor benefit and
any associated benefits
the more difficult it is for you to determine the value, the more likely it is
that the benefit will be an exempt minor benefit
the more difficult it is for you to keep the necessary records in relation to
the benefit, the more likely it is that the benefit will be an exempt minor
benefit.
The circumstances in which the benefit and any associated benefits were
provided
if the benefit was provided as a result of an unexpected event, such as
overtime, it is more likely to be an exempt minor benefit
if the benefit is mainly given to the employee as a reward for services
(that is, it is remuneration), it is less likely to be an exempt minor benefit.
See also:
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Taxation Ruling TR 2007/12 Fringe benefits tax: minor benefits
Minor benefits exemption applies – examples
Example 1
Kate sends chocolates and flowers to Jane, an employee, on the birth of her
daughter. The chocolates and flowers have a taxable value of $105.
Example 2
This is an exempt minor benefit because the value of the tickets is less than
$300 and, looking at the five factors, it would be unreasonable to treat the
tickets as a fringe benefit.
Example 3
This would not be an exempt minor benefit because the value of the
membership is $300 or more.
Example 4
Every Friday, Angela takes her two employees to a local hotel for lunch. The
lunch for each employee usually consists of a main course and a couple of
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drinks and costs on average $45.
This would not be an exempt minor benefit because even though the value
of the Friday lunch is only $45, looking at the five factors, it would be
reasonable to treat the regular Friday lunches as a fringe benefit.
to current employees
on your business premises
on a working day.
The food or drink is exempt regardless of whether it is prepared on your premises
and whether it is entertainment. (Note that a corporate box is not considered part of
your business premises.)
You provided alcoholic drinks and a buffet meal for 10 current employees
and their spouses on business premises on a work day. The cost was
$1,000. On a per head basis the cost of the entertainment provided to
employees was $50, which is exempt from FBT because the food and drink
was provided on a working day on the business premises. The cost relating
to entertaining the associates ($50) will be exempt from FBT if the minor
benefits exemption applies.
Next step:
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benefits/Entertainment-related-fringe-benefits/Calculating-the-taxable-value-of-
entertainment/
Last modified: 29 Mar 2019
QC 58440
Where entertainment includes both meals and recreation you calculate the taxable
value (including apportioning the cost of benefits provided to employees and others)
using the actual value method.
Where entertainment does not include recreation, you may choose to value food,
drink and associated accommodation or travel as 'meal entertainment' under
specific valuation rules.
The information, tables and examples in this section are all based on the actual
method of valuing entertainment.
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Meal entertainment
Where entertainment does not include recreation, you may choose to value food,
drink and associated accommodation or travel as 'meal entertainment', unless the
entertainment is provided under a salary packaging arrangement. If you make this
choice, instead of using the per head basis to apportion benefits between staff (and
their associates) and others, you calculate the taxable value using either:
the 50:50 split method – the taxable value is 50% of your total expenditure in
providing meal entertainment to all people (irrespective of whether they're
employees, clients or others) during the FBT year, or
the 12-week method – the taxable value is your total expenditure in providing
meal entertainment to all people during the FBT year, multiplied by a
percentage calculated from a register kept for a continuous period of 12
weeks. The register must include details of the meal entertainment provided,
including costs and the recipients.
Meal entertainment includes:
amusement, sport and similar leisure time activities, such as a game of golf,
theatre or movie tickets, a joy-flight or a harbour cruise.
If you choose to classify a fringe benefit as a meal entertainment fringe benefit, you
have to classify all fringe benefits arising from providing meal entertainment during
the FBT year as such.
Both of these methods are based on your total meal entertainment expenditure,
including expenditure that may otherwise be exempt from FBT or not normally
subject to FBT, such as providing food and drink to employees on your business
premises and providing meals for clients.
You must decide to classify fringe benefits as meal entertainment no later than the
day your FBT return is due to be lodged, or if you don't have to lodge, by May 21.
See also:
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Record keeping and reporting
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/Types-of-fringe-
benefits/Entertainment-related-fringe-benefits/Record-keeping-and-reporting/
Last modified: 29 Mar 2019
QC 58441
On this page:
Record keeping
Reporting on FBT return
Reporting on employees' payment summaries or through Single Touch Payroll
Record keeping
Employers should record the following information on entertainment they provide so
the taxable value of the fringe benefit can be calculated:
However, the following fringe benefits are excluded from the reporting requirements
(but you still may need to pay FBT on them):
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entertainment by way of food and drink, and associated benefits, such as
travel and accommodation
hiring or leasing entertainment facilities such as corporate boxes.
If these benefits are provided under a salary packaging arrangement on or after 1
April 2016, they are not excluded from the reporting requirements.
Note that exempt benefits are not fringe benefits and are not reportable on your
employee's payment summary or through Single Touch Payroll. Benefits that are
exempt because an employee works for a non-profit organisation may still be
reportable.
See also:
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specific FBT exemption for taxi travel provided to an employee directly
to or from the workplace.
Associates – exemption applies
Food, drink and taxi travel: The food, drink and taxi travel provided to
the employees' partners (associates) is exempt from FBT because of
the minor benefits exemption.
Clients – no FBT
Clients' food drink and taxi travel: There is no FBT on benefits provided
to clients.
Income tax and GST credits
The employer can't claim an income tax deduction or GST credits for
the food, drink or taxi travel provided for employees, associates or
clients.
The company will have to pay FBT on the gym membership provided to
the director, because they're an employee of the company. The minor
benefits exemption doesn't apply because the cost of the gym
membership is $480 per employee.
Other employees – no exemption
The employer can claim an income tax deduction and GST credits for
the cost of the gym membership for its employees and for the FBT
paid.
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Example 3 – Holiday given as reward – cost is $300 or more
The retailer, as the employer, would pay the FBT in this case as the
benefits are being provided under an agreement with the manufacturer.
Income tax and GST credits
The retailer can claim an income tax deduction for the FBT paid.
The manufacturer can claim an income tax deduction and GST credits
for the cost of purchasing the accommodation and tickets.
Example 4 – Golf day for employees, associates and clients – cost is $320
per person
Paul, an employee, takes several clients and his partner to a corporate golf
day paid for by his employer. The event is not held on a working day and
Paul has been provided with taxi vouchers to escort his clients to and from
the event. His taxi trips didn't start or end at the workplace.
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Entertainment is being provided as attending a golf day is a social event and
therefore its purpose is entertainment related.
Employees – no exemption
The food, drink and taxi travel is not exempt from FBT. The minor benefit
exemption doesn't apply because the cost per person is $320. A taxi travel
exemption doesn't apply as Pauls' trip did not begin or end at the workplace.
Associates – no exemption
The food, drink and taxi travel is not exempt from FBT. The minor benefit
exemption doesn't apply because the value of the benefit is $320.
The employer is entitled to an income tax deduction and GST credit for the
cost of providing the benefit to employees and their associates and the FBT
paid.
There is no FBT payable on the food or drink, and taxi travel provided to
clients.
The employer can't claim an income tax deduction or GST credits for food or
drink provided to the clients.
The exemption for food and drink provided and consumed on business
premises on a working day applies to the employees.
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Associates – exemption applies
The food and drink provided to the employee's associates is exempt from
FBT because of the minor benefits exemption. That is, the cost of the
activity is less than $300 per employee and, considering the five factors, it
would be unreasonable to treat the benefit as a fringe benefit.
Clients – no FBT
The employer can't claim an income tax deduction or GST credits for food or
drink provided to the employees, their associates or clients.
The exemption for food and drink provided and consumed on the employer's
premises on a work day doesn't apply. However, the minor benefit
exemption applies as the cost of the activity is less than $300 per employee
and, considering the other factors, it would be unreasonable to treat the
benefit as a fringe benefit.
As the minor benefit exemption applies, the employer can't claim an income
tax deduction or GST credits for food or drink provided.
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Tax-exempt body entertainment fringe benefits
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/Types-of-fringe-
benefits/Entertainment-related-fringe-benefits/Tax-exempt-body-entertainment-
fringe-benefits/
Last modified: 29 Mar 2019
QC 43857
A tax-exempt body entertainment fringe benefit may arise from entertainment
expenses incurred by an employer who is wholly or partially exempt from income
tax, or who does not derive assessable income from the activities to which the
entertainment relates.
If your entity is a charity, you must be registered with the Australian Charities and
Not-for-profits Commission (ACNC) as a charity and endorsed by the ATO as
income tax-exempt.
See also:
If the employer incurs the expense, for example through a corporate credit card,
they won't have provided an expense payment fringe benefit. However, depending
on what is paid for, a property, residual, meal entertainment or tax-exempt body
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entertainment fringe benefit could arise.
See also:
For example, if the employer sells goods to an employee and later tells them they're
not required to pay the invoiced amount, they have provided a debt waiver fringe
benefit.
However, an employee debt that the employer writes off as a genuine bad debt
doesn't amount to a debt waiver fringe benefit.
See also:
FBT – a guide for employers: Chapter 8 – Loan and debt waiver fringe benefits
Loan fringe benefits
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than the benchmark interest rate (see Fringe benefits - rates and thresholds).
See also:
FBT – a guide for employers: Chapter 8 – Loan and debt waiver fringe benefits
Debt waiver fringe benefits
See also:
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QC 43862
Providing meals to employees is a board fringe benefit if the employee is entitled to
have accommodation provided and all of the following apply:
at least two meals a day are ordinarily provided under an industrial award or
employment arrangement
the meal is supplied by the employer (or a related company in a wholly owned
group)
the meal is prepared and supplied on the employer's (or its related company's)
premises or worksite, or a place adjacent to the worksite.
Such arrangements could include, for example, meals provided:
However, the taxable value of the LAFHA fringe benefit can be reduced by certain
amounts relating to accommodation and food and drink expenses where:
Where these conditions are not met the taxable value of the fringe benefit is the
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amount of the allowance paid to the employee.
See also:
Employee declarations
Housing fringe benefits
Expense payment fringe benefits
Residual fringe benefits
FBT – a guide for employers: Chapter 11 – Living away from home allowance
fringe benefits
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categories of fringe benefits.
Sue, the manager of a hairdressing salon, pays for two senior stylists to
attend a hair colouring seminar run by a hairdressing association. The
course, paid for by the business, is to reward the senior stylists for their
work performance over the last year.
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Using employee contributions
You can reduce your FBT liability by having your employee contribute towards the
cost of a fringe benefit.
The contribution is usually a cash payment made to you or the person who provided
the benefit. Under the valuation rules for most categories of fringe benefits, the
taxable value of a fringe benefit can be reduced by the amount of the employee
contribution.
A company golf team has a golfing day once a month and a golfing day with
clients once a quarter. The employer pays the green fees of $45 a month,
with the employees reimbursing the employer 75% of the fees. The
employer will only have to pay FBT on the 25% of the green fees that are
not reimbursed.
See also:
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the employee pays income tax on the reduced salary or wages
the employer may be liable to pay fringe benefits tax (FBT) on the benefits
provided in lieu of salary
if the arrangement involves receiving super contributions in lieu of salary or
wages, the contributions are classified as employer super contributions (rather
than employee contributions) and are taxed in the super fund
from 1 January 2020, salary sacrificed contributions don't:
reduce the ordinary time earnings that the employer is required to
calculate their employee's super entitlement on
count towards the amount of super guarantee contributions that the
employer is required to make in order for them to avoid the super
guarantee charge.
Note: While we provide guidance on how FBT is calculated, we do not give financial
advice. Employees should seek financial advice before entering into a salary
sacrifice arrangement.
phone 13 28 66
speak to your adviser.
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Requirements for an effective salary sacrifice
arrangement
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/Salary-sacrifice-
arrangements/Requirements-for-an-effective-salary-sacrifice-arrangement/
Last modified: 29 Mar 2019
QC 58424
It is advisable that:
the employer and employee clearly understand and agree on all the terms of a
salary sacrifice arrangement
the arrangement be documented in a written agreement to avoid uncertainty
and disputes.
Subject to the terms of any contract of employment or industrial agreement,
employees can renegotiate a salary sacrifice arrangement at any time. Under a
renewable contract, the employee can renegotiate amounts of salary or wages to be
sacrificed before the start of each renewal.
See also:
Similarly, if the employee directs the employer to make payments to a third party
from salary that has already been earned (for example, to pay health insurance
premiums, loan repayments, union fees or credit card repayments), these do not
constitute an effective salary sacrifice arrangement. The third-party payments are
made from after-tax or net amounts of salary.
Note: Any salary and wages, leave entitlements, bonuses or commissions that
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accrued before entering into an arrangement can't be part of an effective salary
sacrifice arrangement.
Fringe benefits
Common fringe benefits include:
cars
property (including goods and shares or bonds)
expense payments (such as payment of loan repayments, school fees, child
care costs and home phone costs).
Exempt benefits
Some benefits are exempt from FBT, including the following work-related items
commonly provided in salary sacrifice arrangements:
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See also:
Super
Salary-sacrificed super contributions under an effective salary sacrifice
arrangement are considered to be employer contributions. These are not fringe
benefits when paid for an employee to a complying super fund.
reduce the ordinary time earnings that the employer is required to calculate on
their employee's super entitlement
count towards the amount of super guarantee contributions that an employer is
required to make in order for them to avoid the super guarantee charge.
However, super contributions made for the benefit of an associate, such as the
employee's spouse, are treated as a fringe benefit. Similarly, contributions paid to a
non-complying super fund are a fringe benefit.
Assessable income
An employee only pays income tax on their reduced salary, but they receive the
reduced salary plus the benefits. They can make employee contributions out of their
after-tax income. These can count towards the cost of the benefits and reduce any
reportable fringe benefits amount.
Under an effective arrangement, the employee's income tax liability should be less
than it would have been without an arrangement. However, before entering into a
salary sacrifice arrangement they should consider the associated costs. This
includes the amount to be sacrificed and any surcharges or obligations from having
the benefits reported on their income statement in myGov or payment summary.
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benefits you receive.
Your employer may be required to report certain benefits through Single Touch
Payroll or on your payment summary.
Salary sacrificed superannuation contributions are treated as contributions
from your employer and taxed in the superannuation fund.
On this page:
Super guarantee
Salary sacrificing a deductible expense
Fringe benefits tax
Reportable fringe benefits
See also:
Super guarantee
A salary sacrificed contribution is counted as part of the contributions made by your
employer. To ensure you receive the minimum super guarantee amount from your
employer over and above any salary sacrifice you make, you will need to have an
agreement in place to that effect. This must specify that your employer continues to
pay the minimum 9.5% super guarantee amount, without including your extra
contributions.
Without this, if an employee chose to salary sacrifice 5% of their salary into their
super, the employer would only have to contribute another 4.5% to meet the
9.5% super guarantee requirement. Similarly, if the employee chose to salary
sacrifice 9.5% or more into their super, the employer would not have to make any
additional contributions.
Where contributions are paid to a complying super fund, your earnings base may be
reduced unless the salary sacrifice arrangement states otherwise. Your earnings
base is the amount on which super contributions made by your employer are
calculated.
Salary sacrificed super contributions are taxed in the super fund under tax laws
dealing specifically with this subject. It is advisable that you and your employer
clearly understand and agree on all the terms of any salary sacrifice arrangement.
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Example: Employer-paid expense
The employer does not pay FBT on the $176 and the employee can't claim
an income tax deduction for these calls..
Grossing up reflects the gross salary that you would have to earn to purchase the
benefit from after-tax dollars. For payment summary and income statement reporting
purposes, this is calculated as multiplying the taxable value of the benefit by the
lower gross-up rate. The lower gross-up rate is 1.8868 for the year ended 31 March
2020, but it may change in subsequent years (see Fringe benefits tax – rates and
thresholds).
While this amount is shown on your payment summary or income statement it won't
be included in your assessable (or taxable) income or affect the amount of basic
Medicare levy payable. However, the total will be used to calculate:
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the Division 293 tax for superannuation contributions
the super co-contribution
certain tax offsets
the private health insurance rebate
Higher Education Loan Program (HELP), Student Financial Supplement
Scheme (SFSS), Student Start-up Loan (SSL), ABSTUDY Student Start-up
Loan (ABSTUDY SSL) or Trade Support Loan (TSL) repayments
child support obligations
entitlement to certain income-tested government benefits.
certain fringe benefits are provided to you (or your associate in connection with
your employment)
the total non-grossed-up taxable value exceeds $2,000 in a fringe benefits tax
(FBT) year (1 April to 31 March).
While not taxable, your total RFBA from all employment is taken into account in
determining your eligibility for certain government benefits and concessions.
Your RFBA will be shown on your income statement through ATO online services in
myGov or your payment summary. You need to include it in your tax return at
label IT1. However, you:
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Amounts reported on your income statement or
payment summary
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/Reportable-fringe-
benefits---facts-for-employees/Amounts-reported-on-your-income-statement-or-
payment-summary/
Last modified: 24 Dec 2020
QC 58428
The reportable fringe benefits amount (RFBA) is:
For example, if the taxable value of your fringe benefits is $2,000.00, the calculation
is $2,000.00 × 1.8868 = $3,773.
The RFBA reflects the gross salary that you would have to earn to purchase the
benefit from your after-tax income.
Tim's employer provides him with a work car in the 2020 FBT year (between
1 April 2019 and 31 March 2020). The taxable value of Tim's car fringe
benefit is $2,500. Tim and his partner also stay in the company's coastal
accommodation several times a year. This has a taxable value of $800.
These fringe benefits are both reportable.
The taxable value of Tim's fringe benefits is $2,500 + $800 = $3,300. The
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grossed-up taxable value of these benefits will appear on his income
statement or payment summary for the income year ending 30 June 2020.
The lower gross-up rate for the 2020 FBT year is 1.8868. The grossed-up
amount reported on Tim's income statement or payment summary is $6,226.
This is calculated as follows:
= $3,300 × 1.8868
= $6,226.
See also:
FBT – a guide for employers: Chapter 5 – Reportable fringe benefits – see 5.4
Reporting reportable fringe benefits amounts
As the FBT year ends on 31 March, your employer can't report any fringe benefits
they provide between 1 April and 30 June until the following 31 March. This means
you may have a RFBA from a former employer even though you won't receive any
salary or wages from them in that income year.
Your employer has until 14 July following the end of the income year covered by the
income statement or payment summary to provide you with this information. They
do this by finalising their Single Touch Payroll data to generate your income
statement through ATO online services in myGov. Or they can provide you with a
payment summary.
You need to report the RFBA from your former employer from the earlier income
year on your individual tax return at Label IT1.
Joan finishes employment with her employer on 15 May 2020. From 1 April
2020 to 15 May 2020, she receives fringe benefits from that employer with a
reportable value of $4,000.
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on Joan's income statement or payment summary for the income year
ending on 30 June 2021. They have until 14 July 2021 to finalise their
Single Touch Payroll data or issue the payment summary.
Joan records the RFBA of $4,000 on her income tax return at Label IT1 for
the year ending on 30 June 2021.
See also:
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Consequences of having a reportable fringe
benefits amount
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/Reportable-fringe-
benefits---facts-for-employees/Consequences-of-having-a-reportable-fringe-
benefits-amount/
Last modified: 24 Dec 2020
QC 58436
Your total reportable fringe benefits amount (RFBA) for all employment is not
taxable. However, it is used for:
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Child Care Subsidy (from 2 July 2018)
Child Care Benefit for approved care (prior to 2 July 2018)
Parental Leave Pay
Dad and Partner Pay
working out your child support obligations.
See also:
Income tests
Services Australia website – What is adjusted taxable income – include the
value of reportable fringe benefits when calculating your entitlement to
government benefits
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cashing out benefits – arranging with your employer to replace your fringe
benefits with cash salary
making employee contributions out of your after-tax income towards the cost of
the benefits. This is generally by making a cash payment to your employer or
the person who provided the benefit. (For example, you can make an
employee contribution towards a car fringe benefit by paying a third party for
some of the operating costs – such as fuel –that your employer doesn't
reimburse.)
changing the benefits you receive to exempt benefits.
See also:
When working out your FBT liability you gross-up the taxable value of benefits you
provide, to reflect the gross salary employees would have to earn at the highest
marginal tax rate (including Medicare levy) to buy the benefits after paying tax.
There are two different gross-up rates to calculate fringe benefits taxable amounts:
higher gross-up rate (type 1) is used where you (or other benefit providers) are
entitled to a GST credit for GST paid on benefits provided to an employee
(known as GST-creditable benefits).
lower gross-up rate (type 2) is used where there is no entitlement to a GST
credit.
The tax payable is the fringe benefits taxable amount multiplied by the FBT rate.
Step 1 Work out the taxable value of each fringe benefit you provide to each
employee. The rules for calculating the taxable value of a fringe benefit
vary according to the type of benefit.
Step 2 Work out the total taxable value of all the fringe benefits you provide for
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which you can claim a GST credit (including excluded fringe benefits).
Step 3 Work out the grossed-up taxable value of these benefits by multiplying
the total taxable value of all the fringe benefits you can claim a GST
credit for (from step 2) by the type 1 gross up rate.
Step 4 Work out the total taxable value of all those benefits for which you can't
claim a GST credit (for example, supplies you made that were either
GST-free or input taxed).
Step 5 Work out the grossed-up taxable value by multiplying the total taxable
value of all the fringe benefits you can't claim a GST credit for (from
step 4) by the type 2 gross up rate.
Step 6 Add the grossed-up amounts from steps 3 and 5. This is your total
fringe benefits taxable amount.
Step 7 Multiply the total fringe benefits taxable amount (from step 6) by the
FBT rate. This is the total FBT amount you have to pay.
See also:
To register:
online – if you already have an Australian business number (ABN) using the
Australian Government Business Registration Service
by phone – if you're an authorised contact for the business, phone us on the
business enquiries line
through your registered tax agent
complete the paper form Application to register for fringe benefits tax
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by lodging your annual FBT return.
If you're registered for FBT but don’t need to lodge an FBT return for the year,
complete a Fringe benefits tax – notice of non-lodgment.
See also:
If you prepare your own FBT return, you can lodge up to 25 June without incurring a
failure to lodge (FTL) penalty. The payment due date is 21 May.
If you have a tax agent that lodges your return electronically, the due date to lodge
and pay is 25 June.
If your tax agent lodges your return by paper, the due date to lodge and pay is
21 May.
If you're registered for FBT but don’t need to lodge an FBT return for the year,
complete a Fringe benefits tax – notice of non-lodgment.
Record keeping
Employee declarations
Reportable fringe benefits
How to lodge your FBT return
How to pay FBT
Paying FBT by instalments
Difficulty paying your FBT
See also:
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Record keeping
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/Reporting,-lodging-
and-paying-FBT/Record-keeping/
Last modified: 29 Mar 2019
QC 43876
You must keep all records relating to the fringe benefits you provide, including how
you calculated the taxable value of benefits. You must also keep records if you want
to take advantage of various exemptions or concessions that reduce your fringe
benefits tax (FBT) liability.
These records must generally be kept for five years from the date your FBT return
was lodged, or if you don't have to lodge, the due date for lodgment of FBT returns
generally (that is, 21 May). All records should be written in English, or if stored
electronically must be in a form that is readily accessible.
calculations
worksheets
employee declarations
elections
invoices
receipts
bills of sales
lease documents
travel diaries
logbooks
odometer records.
You don't need to submit these records with your FBT return.
See also:
Employee declarations
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/Reporting,-lodging-
and-paying-FBT/Employee-declarations/
Last modified: 29 Mar 2019
QC 43877
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An employee declaration is written advice given to you by your employee containing
information relating to the fringe benefits they have received. You need to keep
employee declarations to apply certain fringe benefit tax (FBT) concessions.
If you don't have to lodge a return, you must have the employee declaration by
21 May.
Note: Don't send us the declarations. You are required to retain these as part of
your business records.
See also:
Record keeping
You need to allocate the reportable fringe benefits to the relevant employee and
include any fringe benefits provided to associates of the employee. The amount
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reported on their payment summary or income statement in myGov is not included in
an employee's assessable income; nor does it affect the amount of standard
Medicare levy payable. However, it is included in income tests for some government
benefits and obligations.
Where employees share a benefit, you must allocate their respective shares
individually.
See also:
You pay FBT either annually or by quarterly instalments with your activity
statements. Your payment must reach us on or before its due date to avoid interest
and penalties.
You can pay your FBT by a number of methods including BPAY, credit/debit card,
direct credit. See How to pay for all the options.
If you haven’t paid FBT before, or if the amount of FBT you had to pay for the
previous year was less than $3,000, you only make one payment for the year when
you lodge your FBT return. In future years, we may ask you to make quarterly FBT
instalments through your quarterly activity statement.
We will send you pre-printed activity statements before the lodgment date, including
your:
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FBT instalment amount.
If you pay your FBT by instalments, you must lodge all your activity statements for
the FBT year ending 31 March, including the March quarter, before lodging your
FBT return. Your FBT return won't be processed until all your activity statements
are lodged.
If you prepare your own return and need to make a balancing payment, the payment
is due by 21 May.
If you didn't have an FBT liability for an FBT year, and you didn't vary your FBT
instalments to nil during that year, you need to lodge an FBT return. Lodging an
FBT return will allow us to update our records and refund the FBT instalment
credits you paid during the FBT year to you.
See also:
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must lodge a return and pay the FBT amount you owe for the FBT year.
If you prepare your own 2021 FBT return, you can lodge up until 25 June 2021
without incurring a failure to lodge on time penalty.
You must still pay your FBT liability by 21 May 2021. General interest charge will
apply to payments made after 21 May 2021.
Lodgment and payment dates may differ if a tax agent prepares your FBT return.
Tax agents will need to meet the lodgment program requirements for FBT.
If the due date falls on a weekend or public holiday, you can lodge and pay on the
next business day.
If you haven’t paid FBT before, or if the amount of FBT you had to pay for the
previous year was less than $3,000, you only make one payment for the year.
If your organisation had to pay $3,000 or more in the previous year, you must pay
your FBT in quarterly instalments for the next FBT year. You pay these through
your quarterly activity statement. If you need to make a balancing payment, the due
date is 21 May.
If you didn't have an FBT liability for an FBT year, and you didn't vary your FBT
instalments to nil during that year, you will need to lodge an FBT return. This will
allow us to update our records and refund any FBT instalment credits you paid
during the FBT year.
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electronically using Standard Business Reporting (SBR)-enabled software
through your tax agent
by post – send your completed FBT return to
Australian Taxation Office
GPO Box 9845
[insert the name and postcode of your capital city]
For example:
Next steps:
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Prior years
Prior year forms and instructions are available at:
FBT concessions
Motor vehicles
Employee contributions
Entertainment
Car parking valuation
Motor vehicles
We look out for situations where an employer provides a motor vehicle to an
employee who uses it for private travel or has it available to use privately.
Both the actual private use of a motor vehicle and its availability for private travel
are fringe benefits. This means the employer may have a fringe benefits tax liability.
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fail to identify or report these fringe benefits
incorrectly apply exemption provisions
for vehicles that are not eligible
by treating all travel as business
incorrectly claim reductions for these benefits without the appropriate records
to support the reduction.
See also:
Employee contributions
The general effect of an employee contribution to benefits is that it:
See also:
Entertainment
If you provide your employees or their associates with food and drink, gifts or leisure
activities, such as Christmas parties and business lunches, you may have a fringe
benefits tax liability.
We look out for situations where employers are providing entertainment activities to
their employees and the expenses are:
claimed as deductions in their tax return without correctly reporting and paying
fringe benefits tax
classified as sponsorship or advertising where there is an entertainment
aspect to the activity.
See also:
Chapter 14 – Entertainment
Chapter 20 – Fringe benefits tax exempt benefits
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Car parking valuation
You must obtain a valuation report to support the calculation of car parking fringe
benefits from a suitably qualified valuer and substantiate the market valuation.
We are aware that COVID-19 has affected the rates of commercial parking in many
areas, and that market valuations may be impacted as a result.
For car parking generally, situations that concern us include when the calculation is
based on:
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FBT – a guide for employers: Chapter 20 – Fringe benefits tax exempt benefits
COVID-19 and Fringe benefits tax
FBT for small business – Fringe benefits tax – exemptions and concessions
Am I eligible for the small business tax concessions?
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less than $300 in notional taxable value (that is, the value if it was taxable),
and
unreasonable to be treated as a fringe benefit.
When you provide an employee with separate benefits that are connected with each
other (for example, a meal, a night’s accommodation and taxi travel) you need to
look at each individual benefit provided to the employee to see if the notional
taxable value of each benefit is less than $300.
When determining if the notional taxable value of the benefit is less than $300,
benefits provided to associates are not included.
The frequency and regularity of the minor benefit – the more frequently and
regularly the benefit is provided, the less likely that the benefit will qualify as an
exempt benefit.
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The total of the notional taxable values of the minor benefit and identical or
similar benefits – the greater the total value of minor benefits, the less likely it
is to qualify as an exempt benefit.
The likely total of the notional taxable values of other associated benefits –
that is, those provided in connection with the minor benefit.
For example, when a meal that is a minor benefit is provided in
connection with a night’s accommodation and taxi travel, which
themselves may or may not be a minor benefit, the total of their taxable
values must be considered. The greater the total value of other
associated benefits, in this case being the accommodation and the taxi
travel, the less likely it is that the minor benefit will qualify as an exempt
benefit.
The practical difficulty in determining what would be the notional taxable value
of the minor benefit – this includes consideration of the difficulty for you in
keeping the necessary records in relation to the benefit.
The circumstances in which the minor benefit and any associated benefits
were provided – this includes considering whether the benefit was provided as
a result of an unexpected event or whether it could be considered principally
as remuneration.
See also:
FBT – a guide for employers: Chapter 20 – Fringe benefits tax exempt benefits
–see 20.8 Other exemptions
FBT and entertainment for non-profit organisations
On or after 1 April 2019, in addition to licenced taxi travel, the exemption applies to
travel that you provide to your employees in vehicles involving the transport of
passengers for a fare (other than in a limousine), such as ride-sourcing travel.
Any benefit arising from taxi travel by an employee is also an exempt benefit if both
of the following apply:
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the travel is a result of sickness of, or injury to, the employee
the whole or a part of the journey is directly between any of the following
the employee's place of work
the employee's place of residence
any other place that it is necessary, or appropriate, for the employee to go
as a result of the sickness or injury.
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concessions.
See also:
Emergency assistance
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/FBT-exemptions-
and-concessions/Emergency-assistance/
Last modified: 28 Jan 2020
QC 61270
Certain benefits you provide to your employees or their associates in an emergency
situation are exempt from fringe benefits tax (FBT). The exemption applies to
benefits you provide to those who are impacted or potentially impacted in:
a natural disaster
an accident
a serious illness
an armed conflict
a civil disturbance.
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by a company doctor at an accident site
at or near an employee's worksite
The exemption does not apply when you pay for your employee's ongoing medical
or hospital bills.
Long-term benefits
Although benefits you provide to an employee such as temporary repairs to damage
caused to a home during an emergency event are exempt from FBT, long-term
benefits such as a new house or a replacement car to replace those destroyed as a
result of an emergency are not exempt.
See also:
Fringe benefits tax - a guide for employers - Chapter 20 - Fringe benefits tax
exempt benefits (see 'Emergency assistance' under 20.8 Other exemptions)
Dealing with disasters
FBT Webinars
https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/FBT-Webinars/
Last modified: 13 Dec 2018
QC 53971
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Webinar: FBT tips and what attracts our attention
Note: This webinar does not cover basic information. Therefore it's recommended
that those who watch it have prior knowledge of FBT.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way
that suggests the ATO or the Commonwealth endorses you or any of your services or products).
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