FRINGE BENEFITS TAX ASSESSMENT ACT 1986

PART III - FRINGE BENEFITS  

Division 12 - Residual fringe benefits  

Subdivision A - Residual benefits  

SECTION 46   YEAR OF TAX IN WHICH RESIDUAL BENEFITS TAXED  

46(1)   [Benefit provided in more than one tax year]  

Subject to this section, a residual benefit that is provided during a period shall be deemed to have been provided in respect of each year of tax during which any part of that period occurred.

46(2)   [Payment for benefit provided in regular billing periods]  

Where:


(a) a residual benefit (in this subsection referred to as the eligible benefit ), not being a residual benefit constituted by a lease or licence in respect of property, is provided on the basis that, in respect of each of a number of regular periods (in this subsection referred to as a billing period ) commencing on or after 1 July 1986 (whether or not there were any such periods before that date), a payment is to be made in respect of the provision of the benefit during the billing period; and


(b) identical benefits are provided to members of the public on the same basis and in the ordinary course of a business carried on by the person providing the eligible benefit;

the following provisions have effect:


(c) the provision of the eligible benefit during each billing period shall be taken to constitute a separate benefit;


(d) each such separate residual benefit shall be deemed to have been provided at the time at which the payment in respect of the billing period concerned is due and payable, and not otherwise.




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