FRINGE BENEFITS TAX ASSESSMENT ACT 1986

PART XII - INTERPRETATION  

SECTION 162   HOLDING OF CAR  

162(1)   [``Car held by a person'']  

In this Act, unless the contrary intention appears, a reference to a car held by a person is a reference to:


(a) a car owned by the person;


(b) a car leased to the person; or


(c) a car otherwise made available to the person by another person.

162(2)   [Car fringe benefits - operating cost method]  

For the purposes of the application of section 10 in relation to car fringe benefits in relation to an employer in relation to a particular car, the car shall be taken to be held by a particular person if, and only if, the car is held by the person for use in providing those fringe benefits (whether or not the car was used for any other purpose while it was so held).

162(3)   [Benefits relating to employee's own car]  

For the purposes of the application of sections 19 , 24 , 44 and 52 in relation to a loan fringe benefit, expense payment fringe benefit, property fringe benefit or residual fringe benefit, as the case requires, a car shall be taken to be held by the recipient of the fringe benefit if, and only if, the car is owned or leased by the recipient for use in the course of producing assessable income of the recipient (whether or not the car was used for any other purpose while it was so owned or leased).

162(4)   [Period]  

A reference in this Act to a period during which a car was held by a person is a reference to a period during which the car was continuously held by the person.


 

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