Taxation Laws Amendment (Self Assessment) Act 1992 (101 of 1992)
PART 4 AMENDMENT OF THE FRINGE BENEFITS TAX ASSESSMENT ACT 1986
36 After section 74
After section 74 of the Principal Act the following sections are inserted:
Effect of public ruling
"74A.(1) Expressions used in this section have the same meanings as in Part IVAAA of the Taxation Administration Act 1953.
"(2) Subject to section 74C, if:
(a) there is a public ruling on the way in which a fringe benefits tax law applies to a person in relation to an arrangement ('ruled way'); and
(b) that law applies to that person in relation to that arrangement in a different way; and
(c) the amount of fringe benefits tax under an assessment in relation to that person would (apart from this section and section 74C) exceed what it would have been if that law applied in the ruled way;
the assessment and amount of fringe benefits tax must be what they would be if that law applied in the ruled way.
Effect of private ruling
"74B.(1) Expressions used in this section have the same meanings as in Part IVAA of the Taxation Administration Act 1953.
"(2) Subject to sections 74C, 74D and 74E, if:
(a) there is a private ruling on the way in which a fringe benefits tax law applies to a person in respect of a year of tax in relation to an arrangement ('ruled way'); and
(b) that law applies to that person in respect of that year in relation to that arrangement in a different way; and
(c) the amount of fringe benefits tax under an assessment in relation to that person would (apart from this section and section 74C) exceed what it would have been if that law applied in the ruled way;
the assessment and amount of fringe benefits tax must be what they would be if that law applied in the ruled way.
Assessment where conflicting rulings
"74C.(1) In this section:
'ruling' means:
(a) a public ruling; or
(b) a private ruling.
"(2) Expressions used in this section have the same meanings as in section 74A or 74B.
"(3) If:
(a) there are rulings of different ways in which the same fringe benefits tax law applies to the same person in relation to the same arrangement; and
(b) apart from this section, because of there being those different ways, there are conflicting requirements under section 74A or 74B, or both, of what the assessment and amount of fringe benefits tax in relation to that person are to be;
the assessment and amount of fringe benefits tax must be what they would be if that law so applied in whichever of those ways would result in the lowest amount of fringe benefits tax.
Final Tribunal decision about private ruling conclusive
"74D.(1) In this section:
'arrangement', 'fringe benefits tax law' and 'private ruling' have the same meanings as in Part IVAA of the Taxation Administration Act 1953;
'objection decision' and 'taxation objection' have the same meanings as in Part IVC of the Taxation Administration Act 1953.
"(2) If:
(a) on the review of an objection decision about a taxation objection against a private ruling, the Tribunal decides that a fringe benefits tax law would apply to a person in a particular way in respect of a year of tax in relation to an arrangement; and
(b) that decision becomes final;
then, for the purposes of this Act, that law applies to that person in that way in respect of that year in relation to that arrangement.
"(3) Subsection (2) applies in spite of any order or decision of a court, or any other decision of the Tribunal, about any application of that law.
"(4) For the purposes of subsection (2), if there is no appeal against the Tribunal's decision when the period for lodging an appeal ends, the decision becomes final at the end of the period.
Final court order about private ruling conclusive
"74E.(1) In this section:
'arrangement', 'fringe benefits tax law' and 'private ruling' have the same meanings as in Part IVAA of the Taxation Administration Act 1953;
'objection decision' and 'taxation objection' have the same meanings as in Part IVC of the Taxation Administration Act 1953.
"(2) If:
(a) on an appeal against:
(i) an objection decision about a taxation objection against a private ruling; or
(ii) a decision of the Tribunal on the review of such an objection decision;
a court orders that a fringe benefits tax law would apply to a person in a particular way in respect of a year of tax in relation to an arrangement; and
(b) that order becomes final;
then, for the purposes of this Act, that law applies to that person in that way in respect of that year in relation to that arrangement.
"(3) Subsection (2) applies despite any other order or decision of a court about any application of that law.
"(4) For the purposes of subsection (2):
(a) if the order is made by the Federal Court constituted by a single judge and there is no appeal against the order when the period for lodging an appeal ends - the order becomes final at the end of the period; and
(b) if the order is made by the Full Court of the Federal Court and there is no application for special leave to appeal to the High Court against the order when the period of 30 days after the order is made ends - the order becomes final at the end of the period.
Final court order about Commissioner discretion
"74F.(1) Expressions used in this section have the same meanings as in section 74E.
"(2) For the purposes of this section, the Commissioner exercises a discretion if the Commissioner acts as described in section 14ZAD of the Taxation Administration Act 1953.
"(3) If:
(a) a private ruling rules that a discretion of the Commissioner under the fringe benefits tax law would be exercised in a particular way; and
(b) on an appeal against:
(i) an objection decision about a taxation objection against that ruling; or
(ii) a decision of the Tribunal on the review of such an objection decision;
a court orders that it would be in accordance with law for the Commissioner to exercise that discretion in that way in relation to the law, person, year and arrangement that the ruling is about ('rule matters'); and
(c) that order becomes final;
then, for the purposes of this Act, if the Commissioner exercises that discretion in that way in relation to the rule matters, the discretion is exercised lawfully.
"(4) For the purposes of subsection (3), an order becomes final if it would become final for the purposes of section 74E.
"(5) Subsection (3) applies despite any other order or decision of a court about the exercise of a discretion.".