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Edited version of private advice
Authorisation Number: 1052064573013
Date of advice: 10 January 2023
Ruling
Subject:Rebatable employer
Question
Is the entity a rebatable employer pursuant to item 9 of the table in section 65(J) of the Fringe Benefits Tax Assessment Act 1986 (FBTAA), as a society or association established for the purpose of promoting the development of Australian industrial resources?
Answer
Yes
This ruling applies for the following periods:
• Fringe Benefits Tax (FBT) year ending 31 March 20XX
• FBT year ending 31 March 20XX
• FBT year ending 31 March 20XX
• FBT year ending 31 March 20XX
• FBT year ending 31 March 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
This private ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are different from these facts, this private ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling.
In accordance with its constitution, the entity is an incorporated entity formed under the Corporations Act 2001 and limited by guarantee.
The entity was previously issued a ruling confirming its status as an income tax exempt entity and a rebatable employee. There has been no material change to the entity's operations or initiatives.
The tax-exempt status has been extended.
The entity is not a charity.
The entity is a not-for-profit organisation.
The entity is considered a society or association for the purposes of being tax exempt.
Relevant legislative provisions
Section 65J of the Fringe Benefits Tax Assessment Act 1986
Reasons for decision
These reasons for decision accompany the Notice of private ruling for Entity.
This is to explain how we reached our decision. This is not part of the private ruling.
Question
Is the entity a rebatable employer pursuant to item 9 of the table in section 65(J) of the Fringe Benefits Tax Assessment Act 1986 (FBTAA), as a society or association established for the purpose of promoting the development of Australian industrial resources?
Summary
Yes, the entity is a rebatable employer pursuant to item 9 of the table in section 65(J) of the FBTAA.
Detailed reasoning
Section 65J Rebate for certain not-for-profit employers
65J(1) An employer is a rebatable employer for a year of tax if the employer:
(a) is exempt from income tax at any time during the year of tax under any of the provisions set out in the following table and
(b) satisfies the special conditions (if any) set out in the following table.
Item 9 a society or association:
(a) established for the purpose of promoting the development of any of the following Australian resources:
...
(iii) industrial resources
...
As it has been determined in the recently issued private ruling, the entity is exempt from income tax and is considered a society or association (a company limited by guarantee) established for the purpose of promoting the development of an Australian industrial resource, the entity will therefore be a rebatable employer.