Income Tax (Consequential Amendments) Act 1997 (39 of 1997)

Schedule 3   Amendments of other Acts

Fringe Benefits Tax Assessment Act 1986

98   Subsection 136(1) (definitions of basic car rate, documentary evidence and year of income)

Repeal the definitions, substitute:

basic car rate , in relation to a year of tax ending on 31 March in a year, means the rate prescribed for the purposes of:

(a) if the year of tax ended on or after 31 March 1998 - section 28-25 of the Income Tax Assessment Act 1997; or

(b) if the year of tax ended on 31 March 1995, 31 March 1996 or 31 March 1997 - section 3-2 of Schedule 2A to the Income Tax Assessment Act 1936; or

(c) if the year of tax ended before or on 31 March 1994 - paragraph 82KX(1)(a) of the Income Tax Assessment Act 1936;

in relation to the year of income ending on 30 June in that year.

documentary evidence , in relation to an expense incurred by a person, means:

(a) if the expense was incurred on or after 1 July 1997 - a document that would constitute written evidence of the expense obtained in a way described in Subdivision 900-E of the Income Tax Assessment Act 1997 if the expense were a work expense, and Division 900 of that Act applied to the person; or

(b) if the expense was incurred on or after 1 July 1994 and before 1 July 1997 - a document that would constitute written evidence of the expense obtained in a way described in Division 5 of Schedule 2B to the Income Tax Assessment Act 1936 if the expense were a work expense, and that Schedule applied to the person; or

(c) if the expense was incurred before 1 July 1994 - a document that would constitute documentary evidence of the expense within the meaning of subsection 82KU(1) of the Income Tax Assessment Act 1936 (including that subsection as applied by subsections 82KU(3) and (4) of that Act) or subsection 82KU(5) of that Act if the person were a taxpayer within the meaning of that Act.

year of income means:

(a) a year of income (within the meaning of the Income Tax Assessment Act 1936); or

(b) an income year (within the meaning of the Income Tax Assessment Act 1997).