Taxation Laws Amendment Act (No. 2) 2004 (20 of 2004)

Schedule 3   Amendments relating to personal services income

Part 1   Amendments

Fringe Benefits Tax Assessment Act 1986

1   After section 61F


61G Reduction of taxable value of fringe benefits if certain deductions relating to payments to associates are not allowed


(a) a fringe benefit is provided in the year of tax in respect of the employment of a current employee; and

(b) the person providing the benefit cannot deduct an amount under the Income Tax Assessment Act 1997 for providing the benefit because of section 85-15, 85-20 or 86-60 of that Act;

the amount that, but for this section, would be the taxable value of the fringe benefit in relation to the year of tax is reduced by the amount mentioned in paragraph (b).

Note: Sections 85-15, 85-20 and 86-60 of the Income Tax Assessment Act 1997 limit the extent to which a person can deduct payments to associates that relate to personal services income.