Taxation Determination

TD 92/199W

Fringe benefits tax: when should an employer obtain declarations and make elections if a fringe benefits tax return is not required to be lodged?

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FOI status:

Notice of Withdrawal

Taxation Determination TD 92/199 is withdrawn with effect from today.

1. Taxation Determination TD 92/199, which issued on 10 December 1992, sets out, for the purposes of the Fringe Benefits Tax Assessment Act 1986 (FBTAA), the Commissioner's policy at that time concerning when an employer should obtain declarations and make elections if a fringe benefits tax return was not required to be lodged.

2. Subsequent to the issue of TD 92/199, A New Tax System (Pay As You Go) Act 1999 made changes to the FBTAA in respect of the date that an employer is to lodge an annual return.

3. TD 92/199 does not reflect the current provisions of the FBTAA relating to the annual return lodgement date and is therefore withdrawn.

4. The Tax Office's publication Fringe benefits tax (FBT) - A guide for employers (NAT 1054) contains general information about this issue. A copy of this publication is available on the Tax Office's website www.ato.gov.au .

Commissioner of Taxation
1 June 2005

Previously issued as Draft TD 92/D167

References

ATO references:
NO UMG0018

Subject References:
declarations;
elections

Legislative References:
FBTAA 68;
FBTAA 136(1)