FRINGE BENEFITS TAX ASSESSMENT ACT 1986

PART XIC - APPLICATION OF THE ACT TO NOMINATED STATE OR TERRITORY BODIES  

SECTION 135X   APPLICATION OF CERTAIN PROVISIONS BY AGREEMENT WITH THE COMMISSIONER  

135X(1)   Object.  

The object of this section is:


(a) to ensure that the calculation of the taxable value of certain fringe benefits is not affected where continuity in the fulfilment of certain record-keeping provisions is broken solely because of a transitional event; and


(b) to preserve the character of certain benefits where that character would otherwise be lost solely because of a transitional event.

135X(2)   Meaning of transitional event.  

A transitional event occurs if:


(a) a State or Territory makes a nomination under section 135S ; or


(b) a State or Territory varies a nomination under section 135S ; or


(c) a State or Territory revokes a nomination under section 135S ; or


(d) a nominated State or Territory body ceases to exist.

135X(3)   Agreement about consequences of transitional events.  

The Commissioner may enter into a written agreement with a State or Territory about what is to happen in respect of the following when a transitional event occurs:


(a) whether a register kept by the State or Territory, or a nominated State or Territory body, is to be treated as a valid register for the purposes of Subdivision D of Division 10A of Part III of the Act (which deals with the 12 week record keeping method for car parking fringe benefits) and the employees and FBT years in relation to which the register is to be treated as valid;


(b) whether a benefit that would otherwise lose its character as an exempt benefit under section 58B , 58C , 58D or 58S is to be treated as an exempt benefit;


(c) whether a benefit that would otherwise lose its character as an amortised fringe benefit under section 65CA is to be treated as an amortised fringe benefit;


(d) whether a benefit that would not otherwise be covered by a recurring fringe benefit declaration under section 152A is to be treated as being covered by the declaration;


(e) whether a year of tax is to be treated as a log book year of tax of the State or Territory, or a nominated State or Territory body, for the purposes of the application of section 10 in relation to a car fringe benefit in relation to that State or Territory, or that nominated State or Territory body, in relation to a particular car or class of cars (however described);


(f) whether a year of tax that is a base year of tax for the purposes of section 26 is to continue to be treated as a base year of tax.

135X(4)   [Agreement prevails]  

So far as the agreement is inconsistent with this Act, the agreement prevails.




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