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FRINGE BENEFITS TAX ASSESSMENT ACT 1986 - SECT 13

Expenditure to be increased in certain circumstances

             (1)  The following provisions apply for the purpose of determining the base value of a car for the purposes of section 9 or the operating cost of a car for the purposes of section 10.

             (2)  Where the amount (if any) of expenditure incurred by a person under a transaction that is not an arm's length transaction is less than the amount (in this subsection referred to as the increased amount ) of expenditure that could reasonably have been expected to have been incurred by the person under the transaction if it had been an arm's length transaction, the person shall be deemed, under the transaction, to have incurred the increased amount of expenditure.

             (3)  The reference in subsection (2) to expenditure does not include a reference to expenditure by a recipient of a car benefit in relation to the car by way of reimbursement of expenditure incurred by another person.

             (4)  Where, in a case to which subsection (2) does not apply:

                     (a)  a person acquires any property, or is provided with any benefit; and

                     (b)  the person incurs no expenditure in respect of the acquisition of that property or the provision of that benefit;

the person shall be deemed to have incurred, in respect of the acquisition of that property or the provision of that benefit, expenditure equal to the amount that the person could reasonably be expected to have been required to pay to purchase that property, or obtain the provision of that benefit, on the open market.



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