Taxation Laws Amendment (FBT Cost of Compliance) Act 1995 (145 of 1995)

Schedule 3   AMENDMENTS OF THE FRINGE BENEFITS TAX ASSESSMENT ACT 1986 RELATED TO EXEMPT BENEFITS

2   After section 58W

Insert in Division 13:

Exempt benefits-provision of certain work related items

"58X.(1) Any of the following benefits provided by an employer to an

employee of the employer in respect of the employee's employment is an

exempt benefit:

(a) an expense payment benefit where the recipients expenditure is in

respect of an eligible work related item;

(b) a property benefit where the recipients property is an eligible

work related item;

(c) a residual benefit where the recipients benefit consists of the

making available of an eligible work related item.

"(2) Subject to subsections (3) and (4), each of the following is an

eligible work related item:

(a) a mobile phone or a car phone;

(b) an item of protective clothing that is required for the

employment of the employee;

(c) a briefcase;

(d) a calculator;

(e) a tool of trade;

(f) an item of computer software for use in the employee's

employment;

(g) an electronic diary or similar item;

(h) a notebook computer, a laptop computer or a similar portable

computer.

"(3) A mobile phone or a car phone is only an eligible work related

item if the phone is primarily for use in the employee's employment.

"(4) A notebook computer, a laptop computer or a similar portable

computer is not an eligible work related item if, earlier in the FBT

year, an expense payment benefit or a property benefit of the employee

has arisen in relation to another notebook computer, laptop computer or

similar portable computer.

Exempt benefits-membership fees and subscriptions

"58Y.(1) Either of the following benefits provided by an employer to

an employee of the employer in respect of the employee's employment is

an exempt benefit:

(a) an expense payment benefit where the recipients expenditure is in

respect of an eligible membership or subscription;

(b) a property benefit where the recipients property is an eligible

membership or subscription.

"(2) Each of the following is an eligible membership or subscription:

(a) a subscription to a trade or professional journal;

(b) an entitlement to use a corporate credit card;

(c) an entitlement to use an airport lounge membership.

Exempt benefits-taxi travel

"58Z.(1) Any benefit arising from taxi travel by an employee is an

exempt benefit if the travel:

(a) is the whole or a part of the journey directly between the

employee's place of residence and the employee's place of work; and

(b) commences between 7.00 p.m. and 7.00 a.m.

"(2) Any benefit arising from taxi travel by an employee is an exempt

benefit if the travel:

(a) is as a result of sickness of, or injury to, the employee; and

(b) is the whole or a part of the journey directly between any of the

following:

(i) the employee's place of work; or

(ii) the employee's place of residence; or

(iii) any other place that it is necessary, or appropriate, for

the employee to go as a result of the sickness or injury.".