FBT minutes, August 2010

Summary of action items from 12 August 2010 meeting

Action item	FBT120810/43
Description	The ATO will review the references in the Fringe Benefits Tax: A guide for employers relating to section 20A and 47A and update same to provide clearer guidance in relation to the making of no-private-use declarations. Refer agenda item 7 No private use declaration for business travel greater than five nights (ICAA)
Response	Information forwarded to publishers.
Status	Ongoing

Action item	FBT120810/44
Description	Updates of the progress of this issue through TIES will be provided to members of the sub-committee. Refer agenda item 10 Exempt benefits relating to Australian Traineeship System (TIA)
Response	Information will be provided to members.
Status	Ongoing

Action item	FBT120810/45
Description	The ATO will review the suggestions put forward by the TIA and incorporate, as appropriate, examples in the Fringe Benefits tax: A guide for employers when the publication is next updated. Refer agenda item 15 Fringe Benefits Tax: A guide for employers suggested changes (TIA)
Response	Information forwarded to publishers.
Status	Completed

Action item	FBT120810/46
Description	Members were requested to provide any intelligence that they may consider appropriate in relation to property developers and the real estate industry in relation to the provision and reporting of fringe benefits. Any feedback can be provided to the secretariat who will forward to the appropriate risk analysis area. Refer agenda item 16.3 Intelligence focus areas for 2010-11
Response	Request made to members and recorded in minutes.
Status	Completed

Action item	FBT120810/47
Description	Late agenda item to be held over to next meeting. The ATO and members to discuss fully the issues raised concerning the 50/50 method under section 37BA and section 152B. Refer agenda item 17.1 Late agenda item - 50/50 method under section 37BA and section 152B of the FBTAA
Response	To be included in the next meeting's agenda.
Status	Carried over

Action item	FBT120810/48
Description	Late agenda item to be held over to next meeting. The ATO and members to discuss further the issues raised concerning the interaction between the FBT ODR and the NCL rules. Refer agenda item 17.2 Late agenda item - Interaction between the Otherwise Deductible Rule and the Non Commercial Loss rules
Response	To be included in the next meeting's agenda.
Status	Carried over

Register of aged open action items from previous meetings

Action item	FBT260209/31
Issue	When will corporates be able to lodge FBT returns electronically?
Status	ATO to advise members when the range of forms that will be available on the new portal deployment has been decided.
Recommendation	The ATO is currently developing a program of work to upgrade and expand the range of online services offered over the next 3-5 years. This includes improvements to the Tax Agent Portal such as the addition of a generic forms capability. As previously advised, the FBT return is a priority deliverable however no portal release has yet been scheduled. Ongoing - the ATO will continue to provide an update on the lodgment of FBT returns via the business portal.

Action item	FBT180210/39
Issue	ATO to advise forum members of the outcome of the current review of the possible application of the Commissioner's general power of administration to allow consolidated FBT returns in certain circumstances.
Status	At the 13 May 2010 meeting the ATO advised this matter is still being reviewed. Members were advised that this matter is still being reviewed.
Recommendation	Ongoing - this action item will continue to be carried forward pending a further ATO update at the next meeting.