• 1.7 What is not subject to FBT?

    Not all benefits provided in respect of employment are fringe benefits. The FBT legislation excludes certain benefits from being fringe benefits. These include the following.

    Salary or wages

    Payments of salary or wages are not fringe benefits. The term 'salary or wages' means a payment from which an amount must be withheld.

    Employee share schemes

    Benefits arising to employees from the acquisition of shares, or rights to acquire shares, are not fringe benefits if the share acquisition scheme conforms to the necessary income tax requirements. This exemption extends to relatives of employees.

    Superannuation

    The following are not fringe benefits:

    • contributions you make to a superannuation fund for an employee, provided you have reasonable grounds for believing the fund is a complying fund. To have reasonable grounds for believing a fund is a complying superannuation fund, you must obtain an appropriate written statement from the fund trustee
    • contributions you make to a foreign superannuation fund for superannuation benefits for an employee where the employee is a temporary resident when the contribution is made
    • payments you make to a retirement savings account held by an employee.

    However, superannuation contributions you make for an associate of an employee are subject to FBT.

    Employment termination payments

    Employment termination payments are not fringe benefits. Broadly, employment termination payments are payments made as a result of terminating the employment of an employee (for example, a lump sum paid on retirement).

    Attention

    Property you transfer to an employee in relation to terminating their employment is an employment termination payment (for example, a company car you give or sell to an employee on termination).

    End of attention

    Payments of a capital nature

    Payments of a capital nature for a legally enforceable contract in restraint of trade, or for personal injury to a person, are not fringe benefits.

    First home saver account (FHSA) payments

    The following are not fringe benefits:

    • reimbursements you make to an employee for their personal FHSA contribution
    • contributions you make to an FHSA for an employee.

    Dividends

    Payments of amounts deemed to be dividends are not fringe benefits.

    Payments to associates

    Certain payments made by partnerships and sole traders to relatives and other associates that are deemed not to be assessable income, are not fringe benefits.

      Last modified: 18 Jan 2012QC 17808