FRINGE BENEFITS TAX ASSESSMENT ACT 1986

PART XII - INTERPRETATION  

SECTION 153   153   RESIDUAL BENEFITS TO INCLUDE PROVISION OF PROPERTY IN CERTAIN CIRCUMSTANCES  
For the purposes of this Act, where:


(a) a person carries on a business that consists of, or includes, the entering into of contracts for the provision of property together with the provision of residual benefits;


(b) the person provides property (other than food or drink) and residual benefits to another person;


(c) but for this section, the provision would constitute a property benefit and a residual benefit; and


(d) the provision is made in the same, or substantially the same, circumstances as a provision of the kind mentioned in paragraph (a);

the provision of the residual benefit shall be taken to include the provision of the property and the provision of the property shall not be taken to constitute a property benefit.




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