Income Tax Assessment Act 1997
|Item||Section 32-5 does not stop you deducting a loss or outgoing for ...||But the exception does not apply if ...|
|1.1||providing food or drink to your employees in an *in-house dining facility.||the food or drink is provided at a party, reception or other social function.|
|1.2||providing food or drink to individuals (other than your employees) in an *in-house dining facility.||(a)||you choose (under section 32-70) not to include in your assessable income $30 for each meal you provide in the *in-house dining facility in the income year to an individual (other than your employee); or|
|(b)||the food or drink is provided at a party, reception or other social function.|
|1.3||providing food or drink in a *dining facility to your employees who perform most of their duties in connection with:||the food or drink is provided at a party, reception or other social function.|
|(a)||the dining facility; or|
|(b)||a facility (of which the dining facility forms a part) for providing accommodation, *recreation or travel.|
|1.4||providing food or drink to your employee under an *industrial instrument relating to overtime.|
|1.5||providing a facility for *recreation on property you occupy, if the facility is mainly operated for your employees to use.||the facility is for:|
|(b)||dining or drinking (unless it is a food or drink vending machine).|
|1.6||providing food or drink which would be a *fringe benefit apart from sections 54, 58, 58N, 58S and 58T of the Fringe Benefits Tax Assessment Act 1986 (disregarding section 58P of that Act).|
|1.7||providing a meal which would be a *fringe benefit apart from sections 58A, 58F, 58L, 58LA and 58M of the Fringe Benefits Tax Assessment Act 1986 (disregarding section 58P of that Act).|
|1.8||giving your employee an allowance that is included in his or her assessable income.||(a)||the employee is a *relative of another employee of yours; and|
|(b)||you give the allowance to the relative, as your employee, because:|
|(i)||he or she provides, or facilitates providing, *entertainment to do with the other employee's employment; and|
|(ii)||you expect the relative to do so.|
In the case of a company, items 1.1, 1.2, 1.3, 1.5 and 1.8 cover directors of the company as if they were employees: see section 32-80.
In the case of a company, items 1.1, 1.2, 1.3 and 1.5 cover directors, employees and property of another company that is a member of the same wholly-owned group: see section 32-85.
Item 1.8 has a special operation for partnerships: see section 32-90.
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