FRINGE BENEFITS TAX ASSESSMENT ACT 1986

PART XII - INTERPRETATION  

SECTION 149A   WHAT IS A GST-CREDITABLE BENEFIT ?  

149A(1)   [Entitlement to input tax credit under Div 111 of GST Act]  

A benefit provided in respect of the employment of an employee is a GST-creditable benefit if either of the following is or was entitled to an input tax credit under Division 111 of the A New Tax System (Goods and Services Tax) Act 1999 because of the provision of the benefit:


(a) the person who provided the benefit;


(b) a person who is or was a member of the same GST group (as defined in that Act) as the person who provided the benefit.

149A(2)   [Benefits relating to a thing]  

A benefit provided in respect of the employment of an employee is also a GST-creditable benefit if:


(a) the benefit consists of:


(i) a thing (as defined in the A New Tax System (Goods and Services Tax) Act 1999 ); or

(ii) an interest in such a thing; or

(iii) a right over such a thing; or

(iv) a personal right to call for or be granted any interest in or right over such a thing; or

(v) a licence to use such a thing; or

(vi) any other contractual right exercisable over or in relation to such a thing; and


(b) the thing was acquired (within the meaning of that Act) or imported (within the meaning of that Act) and either of the following is or was entitled to an input tax credit under that Act because of the acquisition or importation:


(i) the person who provided the benefit;

(ii) a person who is or was a member of the same GST group (as defined in that Act) as the person who provided the benefit.




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