FRINGE BENEFITS TAX ASSESSMENT ACT 1986

PART XII - INTERPRETATION  

SECTION 160   CONTINUITY OF EMPLOYMENT WHERE BUSINESS DISPOSED OF ETC.  

160(1)   [New employer providing benefits]  

Where:


(a) a person (in this subsection referred to as the ``former employer'' ) disposes of the whole or a part of a business or undertaking to another person (in this subsection referred to as the ``new employer'' ); and


(b) an arrangement relating to the disposal provides for the new employer or an associate of the new employer to provide or to continue to provide, or to arrange for the provision or continued provision of, benefits in respect of the employment of a person (in this subsection referred to as the ``former employee'' ) by the former employer;

the following provisions have effect:


(c) this Act applies, in relation to any benefit so provided or continued to be provided, as if the employment of the former employee by the former employer were, instead, employment by the new employer;


(d) where the arrangement provides for the new employer or an associate of the new employer to assume, or arrange for the assumption of, the rights of:


(i) a lender under a loan;

(ii) a lessor under a lease; or

(iii) a licensor under a licence;
being a loan, lease or licence, as the case may be, granted in respect of the employment of the former employee by the former employer, this Act has effect, after the assumption of those rights, as if the employment of the former employee by the former employer were, instead, employment by the new employer and the loan, lease or licence had been granted in respect of that employment by the person who assumed the rights.

160(2)   [Change in partnership]  

Where, for any reason, including:


(a) the formation or dissolution of a partnership; or


(b) a variation in the constitution of a partnership, or in the interests of the partners;

a change has occurred in the ownership of, or in the interests of persons in, property constituting the whole or a part of the assets of a business and the person, or one or more of the persons, who owned the property before the change has or have an interest in the property after the change, this Act has effect as if the persons who owned the property before the change had, on the day on which the change occurred:


(c) disposed of the whole of that business to the person, or all of the persons, by whom the property is owned after the change; and


(d) disposed of the whole of the property to the person, or all of the persons, by whom the property is owned after the change for an amount equal to the notional value of the property.

160(3)   [Trustees one employer]  

For the purposes of this Act, the trustee or trustees from time to time of a trust, being an employer or employers, shall be deemed to be one employer.




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