Fringe Benefits Tax Assessment Act 1986

PART XI - MISCELLANEOUS  

SECTION 124A   ASSESSMENT ON ASSUMPTION  

124A(1)   [Assuming foreign earnings will be exempt]  

Subject to subsection (4), where:

(a) an employee of an employer has derived eligible foreign remuneration or foreign earnings during a year of tax; and

(b) at the time of making an assessment of the fringe benefits taxable amount of the employer of the year of tax, it is reasonable to assume that, at a later time, circumstances will exist because of which that eligible foreign remuneration or foreign earnings, as the case may be, will be exempt income by virtue of section 23AF or 23AG of the Income Tax Assessment Act 1936 ;

this Act applies as if those circumstances existed at the time of making that assessment.

124A(2)   [Assuming benefits relating to relocation will be exempt]  

Subject to subsection (4), where, at the time of making an assessment of the fringe benefits taxable amount of an employer of a year of tax, it is reasonable to assume that, at a later time, circumstances will exist because of which a benefit provided in respect of the employment of an employee of the employer in, or in respect of, the year of tax will be an exempt benefit by virtue of section 58B , 58C or 58D , this Act applies as if those circumstances existed at the time of making that assessment.

124A(3)   [Assuming reduction of temporary accommodation fringe benefit will apply]  

Subject to subsection (4), where:

(a) a fringe benefit (in this subsection called the ``temporary accommodation fringe benefit'' ) of a kind referred to in paragraph 61C(1)(a) is provided in, or in respect of, a year of tax in respect of the employment of an employee of an employer; and

(b) at the time of making an assessment of the fringe benefits taxable amount of the employer of the year of tax, it is reasonable to assume that, at a later time, circumstances will exist because of which section 61C will apply to reduce the taxable value of the temporary accommodation fringe benefit in relation to the year of tax by a particular amount;

this Act applies as if those circumstances existed at the time of making that assessment.

124A(4)   [Amendment of assessment]  

Where this Act has, by virtue of subsection (1), (2) or (3), applied on the basis that a circumstance that did not exist at the time of making an assessment would exist at a later time and the Commissioner, after making the assessment, becomes satisfied that that circumstance will not exist, then, notwithstanding section 74 , the Commissioner may amend the assessment at any time for the purposes of ensuring that this Act shall be taken always to have applied on the basis that that circumstance did not exist.