Fringe Benefits Tax Assessment Act 1986
PART III
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FRINGE BENEFITS
Division 12
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Residual fringe benefits
Subdivision B
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Taxable value of residual fringe benefits
SECTION 48
48
TAXABLE VALUE OF IN-HOUSE NON-PERIOD RESIDUAL FRINGE BENEFITS
Subject to this Part, the taxable value of an in-house non-period residual fringe benefit in relation to an employer in relation to a year of tax is:
(aa) if the benefit was provided to the recipient under a salary packaging arrangement - an amount equal to the notional value of the benefit at the comparison time; or
(ab) if paragraph (aa) does not apply and the benefit is an airline transport fringe benefit - an amount equal to 75 % of the stand-by airline travel value of the benefit at the comparison time; or
(a) if neither paragraph (aa) nor (ab) applies and, at or about the comparison time, identical benefits were provided by the provider:
(b) in any other case - an amount equal to 75% of the notional value of the benefit at the comparison time;
Subject to this Part, the taxable value of an in-house non-period residual fringe benefit in relation to an employer in relation to a year of tax is:
(aa) if the benefit was provided to the recipient under a salary packaging arrangement - an amount equal to the notional value of the benefit at the comparison time; or
(ab) if paragraph (aa) does not apply and the benefit is an airline transport fringe benefit - an amount equal to 75 % of the stand-by airline travel value of the benefit at the comparison time; or
(a) if neither paragraph (aa) nor (ab) applies and, at or about the comparison time, identical benefits were provided by the provider:
(i) in the ordinary course of business to members of the public under an arm ' s length transaction or arm ' s length transactions; and
an amount equal to 75% of the lowest price at which an identical benefit was so sold to a member of the public; or
(ii) in similar circumstances and subject to identical terms and conditions (other than as to price) as those that applied in relation to the provision of the recipients benefit to the recipient;
(b) in any other case - an amount equal to 75% of the notional value of the benefit at the comparison time;
reduced by the amount of the recipients contribution.
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