FRINGE BENEFITS TAX ASSESSMENT ACT 1986
Div 10A inserted by No 237 of 1992.
If the following conditions are satisfied in relation to a daylight period, or a combination of daylight periods, on a particular day:
(a) during the period or periods, a car is parked on one or more premises of a person (the provider ), where:
(i) the premises, or each of the premises, on which the car is parked are business premises, or associated premises, of the provider; and
(ii) a commercial parking station is located within a 1 km radius of the premises, or each of the premises, on which the car is parked; and
(iii) the lowest fee charged by the operator of any such commercial parking station in the ordinary course of business to members of the public for all-day parking on the first business day of the FBT year is more than the car parking threshold;
(b) the total duration of the period or periods exceeds 4 hours;
(c) any of the following applies:
(i) a car benefit relating to the car is provided on that day to an employee or an associate of an employee in respect of the employment of the employee;
(ii) the car is owned by, or leased to, an employee or an associate of an employee at any time during the period or periods;
(iii) the car is made available to an employee or an associate of an employee at any time during the period or periods by another person, where:
(A) the other person is neither the employer of the employee nor an associate of the employer of the employee; and
(B) the other person did not make the car available under an arrangement to which the employer of the employee, or an associate of the employer of the employee, is a party;
(d) the provision of parking facilities for the car during the period or periods is in respect of the employment of the employee;
(e) on that day, the employee has a primary place of employment;
(f) during the period or periods, the car is parked at, or in the vicinity of, that primary place of employment;
(g) on that day, the car is used in connection with travel by the employee between:
(i) the place of residence of the employee; and
(ii) that primary place of employment;
(h) the provision of parking facilities for the car during the period or periods is not taken, under the regulations, to be excluded from this section;
(i) the day is on or after 1 July 1993;
the provision of parking facilities for the car during the period or periods is taken to constitute a benefit provided by the provider to the employee or the associate of the employee in respect of the employment of the employee.
S 39A(1)(a) amended by No 145 of 1995.
For the purposes of this section:
(a) the carparking threshold for the FBT year beginning on 1 April 1995 is $5.00; and
(b) for later years the carparking threshold is the threshold for the previous FBT year as adjusted on the first business day of the later FBT year by a factor equivalent to the movement in the preceding twelve months in the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician.
[ CCH Note: The car parking threshold for the FBT year commencing 1 April 2019 is $8.95; 1 April 2018 is $8.83; 1 April 2017 is $8.66; 1 April 2016 is $8.48; 1 April 2015 is $8.37; 1 April 2014 is $8.26; 1 April 2013 is $8.03; 1 April 2012 is $7.83; 1 April 2011 is $7.71; 1 April 2010 is $7.46; 1 April 2009 is $7.25; 1 April 2008 is $7.07; 1 April 2007 is $6.78; 1 April 2006 is $6.62; 1 April 2005 is $6.43; 1 April 2004 is $6.28; 1 April 2003 is $6.16; 1 April 2002 is $5.96; 1 April 2001 is $5.79; 1 April 2000 is $5.46.]
S 39A(2) inserted by No 145 of 1995.
However, the factor mentioned in paragraph (2)(b) is taken to be 1 if the movement described in that paragraph is down.
S 39A(2A) inserted by No 102 of 1999.
Subject to subsection (4), if at any time, whether before or after the commencement of this Act, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number is to be disregarded for the purposes of this section.
S 39A(3) inserted by No 145 of 1995.
If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of the application of this section after the change, regard is to be had only to the index numbers published in terms of the new index reference period.
S 39A(4) amended by No 145 of 2015, s 3 and Sch 4 item 12, by substituting " index reference period " for " reference base " (wherever occurring), effective 10 December 2015.
S 39A(4) inserted by No 145 of 1995.
S 39A inserted by No 237 of 1992.
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