Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"ABN" has the meaning given by the A New Tax System (Australian Business Number) Act 1999 .
"academic period" , in relation to an educational institution, means:
(a) if the academic years of the educational institution are divided into terms but not semesters--a term of the academic year;
(b) if the academic years of the educational institution are divided into semesters (whether or not they are also divided into terms)--a semester of the academic year; or
(c) if the academic years of the educational institution are not divided into terms or semesters--an academic year of the institution.
(a) a person who, for and on behalf of a person out of Australia, has the management or control in Australia of the whole or a part of a business of the second‑mentioned person; and
(b) a person declared by the Commissioner, by notice in writing served on the person, to be an agent or the sole agent of a person for the purposes of this Act.
"agent's certificate" means a certificate under subsection 71(1).
"aggregate fringe benefits amount" has the meaning given by section 5C.
"aggregate non-exempt amount" has the meaning given by subsection 5B(1E).
"aggregate non-rebatable amount" has the meaning given by subsection 65J(2B).
"airline operator" , in relation to transport in a passenger aircraft provided in respect of the employment of an employee, means a person who, at or about the time when that transport commenced to be provided, carried on a business of providing transport on passenger aircraft principally to outsiders.
"airline transport benefit" means a benefit referred to in section 32.
"airline transport fringe benefit" means a fringe benefit that is an airline transport benefit.
"all-day parking" , in relation to a particular day, means parking of a single car for a continuous period of 6 hours or more during a daylight period on that day.
"amortised fringe benefit" has the meaning given by section 65CA.
"approved form" has the meaning given by section 388- 50 in Schedule 1 to the Taxation Administration Act 1953 .
"approved worker entitlement fund" has the meaning given by subsections 58PB(1) and (2).
"arm's length loan" means a loan where the parties to the loan are dealing with each other at arm's length in relation to the loan.
"arm's length transaction" means a transaction where the parties to the transaction are dealing with each other at arm's length in relation to the transaction.
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied, and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
"assessable income" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .
(a) the ascertainment of the fringe benefits taxable amount of an employer of a year of tax and of the tax payable on that amount; or
(b) the ascertainment of the additional tax payable under a provision of Part VIII.
"associate" has the meaning given by section 318 of the Income Tax Assessment Act 1936 .
Note: Section 159 of this Act affects the above definition.
"associated premises" , in relation to a person, means premises, or a part of premises:
(a) owned by the person; or
(c) otherwise under the control of the person;
but does not include:
(d) business premises of the person; or
(e) premises, or a part of premises, used as a place of residence of an employee of the person or an employee of an associate of the person.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian workers' compensation law" means a workers' compensation law that is a law of the Commonwealth or of a State or Territory.
"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 section 28- 25 of the Income Tax Assessment Act 1997 in relation to the year of income ending on 30 June in that year.
(a) in relation to a year of tax, means the rate of interest, known as the large bank housing lenders variable interest rate on loans for housing for owner occupation, last published by the Reserve Bank of Australia before the commencement of the year of tax; and
(b) in relation to a time after 2 April 1986 and before 1 July 1986, means a rate of interest offered anywhere in Australia at that time in respect of a Commonwealth Bank housing loan.
"benefit" includes any right (including a right in relation to, and an interest in, real or personal property), privilege, service or facility and, without limiting the generality of the foregoing, includes a right, benefit, privilege, service or facility that is, or is to be, provided under:
(a) an arrangement for or in relation to:
(i) the performance of work (including work of a professional nature), whether with or without the provision of property;
(ii) the provision of, or of the use of facilities for, entertainment, recreation or instruction; or
(iii) the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction;
(b) a contract of insurance; or
(c) an arrangement for or in relation to the lending of money.
"board benefit" means a benefit referred to in section 35.
"board fringe benefit" means a fringe benefit that is a board benefit.
"board meal means a meal provided, in respect of the employment of an employee of an employer, to a person (in this definition referred to as the recipient" ), being the employee or an associate of the employee, where:
(a) the meal is provided on a meal entitlement day;
(b) the meal is provided by the employer or, if the employer is a company, by the employer or by a company that is related to the employer;
(c) either of the following subparagraphs applies:
(i) the meal is cooked or otherwise prepared on eligible premises of the employer and is provided to the recipient on eligible premises of the employer (not being a dining facility that, at any time, is open to the public);
(ii) the following conditions are satisfied:
(A) the duties of employment of the employee consist principally of duties to be performed in, or in connection with, an eligible dining facility of the employer or a facility for the provision of accommodation, recreation or travel of which the eligible dining facility forms part;
(B) the meal is cooked or otherwise prepared in the cooking facility of the eligible dining facility;
(C) the meal is provided to the recipient in the eligible dining facility;
(d) the facility in which the meal is cooked or otherwise prepared is not for use wholly or principally for the cooking or other preparation of meals solely for the employee or associates of the employee or for the employee and associates of the employee; and
(e) the meal is not provided at a party, reception or other social function.
"business day" means a day other than a Saturday, a Sunday or a public holiday in the place concerned.
(a) for the purposes of the application of Division 2 of Part III in relation to a car fringe benefit in relation to an employer in relation to a car--a journey undertaken in a car otherwise than in the application of the car to a private use, being an application that results in the provision of a fringe benefit in relation to the employer; or
(b) for the purposes of the application of sections 19, 24, 44 and 52 in relation to a loan fringe benefit, an expense payment fringe benefit, a property fringe benefit or a residual fringe benefit, as the case requires, in relation to an employee in relation to a car--a journey undertaken in the car in the course of producing assessable income of the employee.
"business kilometre" , in relation to a car, means a kilometre travelled by the car in the course of a business journey.
"business operations" , in relation to a government body or a non-profit company, includes any operations or activities carried out by that body or company.
"business premises" , in relation to a person, means premises, or a part of premises, of the person used, in whole or in part, for the purposes of business operations of the person, but does not include:
(a) premises, or a part of premises, used as a place of residence of an employee of the person or an employee of an associate of the person; or
(b) a corporate box; or
(c) boats or planes used primarily for the purpose of providing entertainment unless the boat or plane is used in the person's business of providing entertainment; or
(d) other premises used primarily for the purpose of providing entertainment unless the premises are used in the person's business of providing entertainment.
"business use percentage , for a car held by a person during a period (the holding period" ) in an FBT year, means the percentage worked out using the formula:
"car" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .
"car benefit" means a benefit referred to in subsection 7(1).
"car expense" , in relation to a car, means an expense incurred in respect of:
(a) the registration of, or insurance in respect of, the car;
(b) repairs to or maintenance of the car; or
(c) fuel for the car.
"car expense payment benefit" means an expense payment fringe benefit where the recipients expenditure is a Division 28 car expense.
"car fringe benefit" means a fringe benefit that is a car benefit.
"car loan benefit" means a loan fringe benefit where the loan was used by the recipient to:
(a) purchase a car; or
(b) pay a Division 28 car expense.
"car parking benefit" means a benefit referred to in section 39A.
"car parking fringe benefit" means a fringe benefit that is a car parking benefit.
"car property benefit" means a property fringe benefit where, if the recipient had incurred expenditure in respect of the provision of the recipients property, that expenditure would have been a Division 28 car expense.
"car residual benefit" means a residual fringe benefit where, if the recipient had incurred expenditure in respect of the provision of the recipients benefit, that expenditure would have been a Division 28 car expense.
"car substantiation declaration , in relation to a car held by a person during a period (in this definition called the holding period" ) in a year of tax, means a declaration, in a form approved by the Commissioner, for the purposes of paragraphs 19(1)(ca), 24(1)(ea), 44(1)(da) and 52(1)(da), in relation to the car in relation to the holding period.
"child" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .
"child care facility" means a facility at which a person receives, or is ready to receive, 2 or more children under the age of 6, not being associates of the person, for the purpose of minding, caring for or educating them for a day or part of a day without provision for residential care but does not include a facility at the place of residence of any of those children.
"close relative" , in relation to a person, means:
(b) a child or parent of the person; or
(c) a parent of the person's spouse.
"commercial parking station" , in relation to a particular day, means a permanent commercial car parking facility where any or all of the car parking spaces are available in the ordinary course of business to members of the public for all-day parking on that day on payment of a fee, but does not include a parking facility on a public street, road, lane, thoroughfare or footpath paid for by inserting money in a meter or by obtaining a voucher.
"Commissioner" means the Commissioner of Taxation.
"Commonwealth Bank housing loan" means an arm's length loan by the Commonwealth Bank of Australia made in the ordinary course of business to a member of the public, being a loan:
(a) for housing purposes; and
(b) the terms of which provide for:
(i) interest to be calculated on the daily balance of the loan; and
(ii) that interest to be added to the balance of the loan at monthly intervals.
"company" includes any body or association, corporate or unincorporate, but does not include a partnership.
(a) in relation to a residual fringe benefit:
(i) where the fringe benefit is constituted by a benefit to which subsection 46(2) applies--the commencement of the billing period referred to in that subsection in relation to the benefit; or
(ii) in any other case:
(A) where the fringe benefit is a period residual fringe benefit--the time when the recipients overall benefit commenced to be provided; or
(B) in any other case--the time when the benefit is provided; and
(b) in relation to an air transport fringe benefit--the time when the benefit is provided.
"compensable work-related trauma" means work-related trauma suffered by an employee where:
(a) if there is no Australian workers' compensation law that applies to the employment of the employee--if any Australian workers' compensation law had applied to the employment of the employee, that law would have provided for compensation or other benefits for or in respect of the trauma; or
(b) in all cases--there is a workers' compensation law that:
(i) applies to the employment of the employee; and
(ii) provides for compensation or other benefits for or in respect of the trauma.
"contract of investment insurance" means a contract of life assurance insuring payment of money in the event that the life insured is alive on a specified date, whether or not the contract also insures the payment of money in any other event.
(a) in relation to a car owned by a person, means:
(i) where the car was manufactured by the person--the amount for which the car could reasonably have been expected to have been sold by the person by wholesale under an arm's length transaction at or about the time when the car was applied to the person's own use; or
(ii) where neither subparagraph (i) nor (iii) applies, an amount equal to the sum of:
(A) the expenditure incurred by the person (other than expenditure in respect of registration or in respect of a tax on, or on a transfer of, registration) that is directly attributable to the acquisition or delivery of the car or, if subsection 7(6) applies in relation to the car, the leased car value of the car when the person first took the car on hire; and
(B) the amount of any additional expenditure incurred by the person for or in relation to the fitting of non‑business accessories to the car at or about the time when the car was acquired by the person, reduced by the amount of any reimbursement of the whole or a part of that expenditure paid, at or about the time when the expenditure was incurred, by a recipient of a car benefit in relation to the car; or
(iii) where subparagraph (i) does not apply and the person was entitled to privileges or exemptions in relation to customs duty in respect of a transaction by which the person acquired the car or by which the person arranged for the fitting of non‑business accessories to the car at or about the time when the car was acquired by the person, the amount that could reasonably have been expected to have been applicable under subparagraph (ii) if the person had not been entitled to those privileges to exemptions;
(b) in relation to a non‑business accessory fitted to a car, means:
(i) where the accessory was manufactured by the person who held the car at the time of the fitting--the amount for which the accessory could reasonably have been expected to have been sold under an arm's length transaction by the person by wholesale at or about the time when the accessory was applied to the person's own use; and
(ii) where neither subparagraph (i) nor (iii) applies--the expenditure incurred, by a person other than a recipient of a car benefit in relation to the car, for or in relation to the fitting of the accessory, reduced by the amount of any reimbursement of the whole or a part of that expenditure paid at or about that time by a recipient of a car benefit in relation to the car; and
(iii) where subparagraph (i) does not apply and a person was entitled to privileges or exemptions in relation to customs duty in respect of a transaction by which the person acquired the accessory--the amount that could reasonably have been expected to have been applicable under subparagraph (ii) if the person had not been entitled to those privileges or exemptions; and
(c) in relation to the recipients property in relation to a property fringe benefit--means the expenditure incurred by the provider that is directly attributable to purchasing or obtaining delivery of the property.
"counselling" includes the giving of advice or information in a seminar.
"current employee" means a person who receives, or is entitled to receive, salary or wages.
"current employer" means a person (including a government body) who pays, or is liable to pay, salary or wages, and includes:
(a) in the case of a partnership--each partner; and
(b) in the case of any other unincorporated association or body of persons--its manager or other principal officer.
"current identical benefit" , in relation to an identical overall benefit in relation to a year of tax, means that identical overall benefit insofar as it was provided during the year of tax.
"customs duty" means customs duty imposed under a law of the Commonwealth or of a Territory.
"daily balance" , in relation to a loan, means the balance of the loan at the end of a day.
"daylight period" , in relation to a day, means so much of a period on that day as occurs:
(a) after 7 a.m. on that day; and
(b) before 7 p.m. on that day.
"debt waiver benefit" means a benefit referred to in section 14.
"debt waiver fringe benefit" means a fringe benefit that is a debt waiver benefit.
"December quarter" means a quarter ending on 31 December.
"declaration date" , in relation to an employer in relation to a year of tax, means the date of lodgment of the return of the fringe benefits taxable amount of the employer of the year of tax, or such later date as the Commissioner allows.
"deductible expenses" , in relation to an allowance paid to an employee, means expenses incurred by the employee in respect of which a deduction is allowable to the employee under section 8-1 of the Income Tax Assessment Act 1997 (ignoring Divisions 28, 32 and 900 of that Act).
"deferred BAS payer" has the same meaning as in subsection 995-1(1) in the Income Tax Assessment Act 1997 .
"Deputy Commissioner" means a Deputy Commissioner of Taxation.
(a) a person who is intellectually, psychiatrically or physically handicapped; or
(b) a person who is in necessitous circumstances.
"disease" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .
Division 28 car expense means a car expense as defined in section 28- 13 of the Income Tax Assessment Act 1997 , but does not include a car expense covered by section 28- 165 of that Act.
"documentary evidence" , in relation to an expense incurred by a person, means 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.
"domestic route" means a route where the port of embarkation and the port of disembarkation are both within Australia.
(a) child care;
(b) gardening;
(c) home renovations, repairs or maintenance;
(d) house cleaning;
(e) nursing care; and
(f) preparation of meals.
"dwelling" means a unit of accommodation constituted by, or contained in a building, being a unit that consists, in whole or in substantial part, of residential accommodation.
"economy air fare" , in relation to a person being carried on a scheduled passenger air service operated by a carrier over a route, means:
(a) in a case where paragraph (b) does not apply--the standard air fare (other than a preferential air fare) charged by the carrier in respect of the scheduled air service; or
(b) in a case where the carrier charges children, students or blind persons a concessional air fare in respect of the air fare to which paragraph (a) applies and the person is eligible for such a concessional air fare--the concessional air fare concerned;
being, in either case, an air fare in relation to which no special booking conditions are attached.
"educational institution" means a school, college or university.
"elderly person" means a person who has attained the age of 60 years.
"electronic signature" has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .
"eligible car parking expense payment benefit" means an expense payment benefit where:
(a) the recipient is an employee or an associate of an employee; and
(b) the recipients expenditure is in respect of the provision of car parking facilities for a car on one or more days; and
(c) the following conditions are satisfied in relation to any of those days:
(i) on that day, the employee has a primary place of employment;
(ii) on that day, the car was parked for one or more daylight periods exceeding 4 hours in total at, or in the vicinity of, that primary place of employment;
(iii) the whole or a part of the recipients expenditure is in respect of the provision of the parking facilities to which that parking relates;
(iv) on that day, the car was used in connection with travel by the employee between the place of residence of the employee and that primary place of employment;
(v) the provision of parking facilities for the car during the period or periods is not taken, under the regulations, to be excluded from this definition;
(vi) the day is on or after 1 July 1993.
"eligible dining facility" , in relation to an employer, means:
(a) a canteen, dining room or similar facility; or
(b) a café, restaurant or similar facility;
that is located on premises of the employer or, if the employer is a company, of the employer or of a company that is related to the employer.
"eligible family member" means:
(a) in relation to an employee who is required to live away from his or her usual place of residence during a period in order to perform the duties of his or her employment:
(i) the employee; or
(ii) the spouse of the employee, or a child of the employee, being a spouse or child, as the case may be:
(A) who lived with the employee during that period; and
(B) whose usual place of residence during that period was the same as the usual place of residence of the employee; and
(b) in relation to a living‑away‑from‑home allowance fringe benefit in relation to an employee, means:
(i) the employee; or
(ii) the spouse of the employee, or a child of the employee, being a spouse or child, as the case may be:
(A) in respect of whom the recipients allowance is paid;
(B) who lived with the employee during the recipients allowance period; and
(C) whose usual place of residence during that period was the same as the usual place of residence of the employee.
"eligible foreign remuneration" has the same meaning as in section 23AF of the Income Tax Assessment Act 1936 .
"eligible incidental travel expense payment benefit" means an expense payment fringe benefit where:
(a) either:
(i) the recipients expenditure:
(A) is in respect of travel by the recipient away from the recipient's usual place of residence undertaken in the course of performing the duties of his or her employment, being expenditure in respect of accommodation, the purchase of food or drink or otherwise incidental to the travel; and
(B) relates solely to travel by the recipient in Australia; or
(ii) the recipients expenditure:
(A) is in respect of travel by the recipient away from the recipient's usual place of residence undertaken in the course of performing the duties of his or her employment, being expenditure in respect of the purchase of food or drink or otherwise incidental to the travel (except in respect of accommodation); and
(B) relates solely or principally to travel by the recipient outside Australia; and
(b) the payment or reimbursement, as the case may be, that constitutes the fringe benefit is in the nature of compensation to the recipient for the expenses that the recipient might reasonably be expected to have incurred in respect of the matters specified in sub-subparagraph (a)(i)(A) or (a)(ii)(A), as the case requires.
"eligible overtime meal expense payment benefit" means an expense payment fringe benefit where:
(a) the recipients expenditure is incurred in respect of the purchase of food or drink in connection with overtime worked by the recipient; and
(b) the payment or reimbursement, as the case may be, that constitutes the fringe benefit is in the nature of compensation to the recipient for the expenses that the recipient might reasonably be expected to have incurred in respect of the purchase of food or drink in connection with that overtime.
"eligible pre-commencement loan" means a loan made before 1 July 1986 at a rate of interest that:
(a) is specified in a document in existence at the time when the loan was made; and
(b) cannot be varied.
"eligible premises" , in relation to entertainment, a meal, or food or drink, provided in respect of the employment of an employee of an employer, means:
(a) if the employer is a company--premises of the employer or of a company that is related to the employer; or
(b) in any other case--premises of the employer;
and includes, in either case, a location at or adjacent to a site at which the employee performs duties of that employment.
"emergency" means an emergency involving any of the following matters:
(a) a natural disaster;
(b) a conflict involving an armed force;
(c) a civil disturbance;
(d) an accident;
(e) a serious illness;
(f) any similar matter.
"emergency assistance" , in relation to a person, means assistance granted to the person where:
(a) the person is, or is at immediate risk of becoming, the victim of an emergency;
(b) the assistance is granted to the person solely in order to provide immediate relief;
(c) the assistance is in respect of all or any of the following matters:
(i) first aid or other emergency health care;
(ii) emergency meals or food supplies;
(iii) emergency clothing;
(iv) emergency transport;
(v) emergency accommodation;
(vi) emergency use of household goods;
(vii) temporary repairs;
(viii) any similar matter.
(a) a current employee;
(b) a future employee; or
(c) a former employee.
"employee credit loan benefit" , in relation to a year of tax, means a loan fringe benefit in relation to an employee in relation to the year of tax where:
(a) the loan consists of the provision of credit to the employee in respect of:
(i) property sold; or
to the employee by the provider of the fringe benefit; and
(b) if the employee had, on the last day of the period during the year of tax when the employee was under an obligation to repay the whole or any part of the loan, incurred interest in respect of the loan in respect of that period, that interest would have been exclusively incurred in gaining or producing salary or wages of the employee in respect of the employment to which the fringe benefit relates.
"employee share loan benefit" , in relation to a year of tax, means a loan fringe benefit in relation to an employee in relation to an employer in relation to the year of tax where:
(a) the sole purpose of the making of the loan is to enable the employee to acquire shares, or rights to acquire shares, in a company, being:
(i) the employer; or
(ii) an associate of the employer; and
(b) the shares or rights were beneficially owned by the employee at all times during the period during the year of tax when the employee was under an obligation to repay the whole or any part of the loan.
"employee's share" of the taxable value of a fringe benefit has the meaning given by section 5F.
(a) a current employer;
(b) a future employer; or
(c) a former employer;
but does not include:
(d) the Commonwealth; or
(e) an authority of the Commonwealth that cannot, by a law of the Commonwealth, be made liable to taxation by the Commonwealth.
"employment" , in relation to a person, means the holding of any office or appointment, the performance of any functions or duties, the engaging in of any work, or the doing of any acts or things that results, will result or has resulted in the person being treated as an employee.
"entertainment" has the meaning given by section 32-10 of the Income Tax Assessment Act 1997 .
"entertainment facility leasing expenses" , for a person, means expenses incurred by the person in hiring or leasing:
(a) a corporate box; or
(b) boats, or planes, for the purpose of the provision of entertainment; or
(c) other premises, or facilities, for the purpose of the provision of entertainment;
but does not include so much of any of such expenses that:
(d) is attributable to the provision of food or drink; or
(e) is attributable to advertising and is an allowable deduction for the person under the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 .
"entity" has the meaning given by section 960-100 of the Income Tax Assessment Act 1997 .
"excluded fringe benefit" , in relation to an employee, employer and year of tax, has the meaning given by subsection 5E(3).
"exclusive employee airline transport benefit" means an airline transport fringe benefit where, if the recipient had incurred expenditure in respect of the provision of the recipients transport, that expenditure would have been exclusively incurred in gaining or producing salary or wages of the recipient in respect of the employment to which the fringe benefit relates.
"exclusive employee expense payment benefit" means an expense payment fringe benefit where the recipients expenditure is exclusively incurred in gaining or producing salary or wages of the recipient in respect of the employment to which the fringe benefit relates and is not expenditure in respect of interest.
"exclusive employee property benefit" means a property fringe benefit where, if the recipient had incurred expenditure in respect of the provision of the recipients property, that expenditure would have been exclusively incurred in gaining or producing salary or wages of the recipient in respect of the employment to which the fringe benefit relates.
"exclusive employee residual benefit" means a residual fringe benefit where, if the recipient had incurred expenditure in respect of the provision of the recipients benefit, that expenditure would have been exclusively incurred in gaining or producing salary or wages of the recipient in respect of the employment to which the fringe benefit relates.
"exempt accommodation component" , in relation to a living-away-from-home allowance fringe benefit in relation to an employee of an employer, in relation to a year of tax, means:
(a) where the employee gives to the employer, before the declaration date, a declaration, in a form approved by the Commissioner, purporting to set out particulars of:
(i) the employee's usual place of residence during the recipients allowance period; and
(ii) the place at which the employee actually resided during the recipients allowance period;
so much (if any) of the recipients allowance as it would be concluded is in the nature of compensation to the employee for additional expenses that might reasonably be expected to be incurred by the employee in respect of the subsistence during the recipients allowance period of a lease or licence in respect of a unit of accommodation for the accommodation of eligible family members; or
(b) in any other case--nil.
"exempt food component" , in relation to a living-away-from-home allowance fringe benefit in relation to an employee of an employer, in relation to a year of tax, means:
(a) where the employee gives to the employer, before the declaration date, a declaration, in a form approved by the Commissioner, purporting to set out particulars of:
(i) the employee's usual place of residence during the recipients allowance period; and
(ii) the place at which the employee actually resided during the recipients allowance period;
whichever of the following is applicable:
(iii) where the food component of the recipients allowance has been determined by allowing for the whole or a part of the amount (which whole or part is in this definition referred to as the deducted home consumption expenditure ) of the expenditure that might reasonably be expected to have been incurred by the employee, in respect of the recipients allowance period, in respect of food or drink for eligible family members if the eligible family members had resided at their usual place of residence during the recipients allowance period:
(A) if the deducted home consumption expenditure is not less than the sum of the statutory food amounts in respect of eligible family members in respect of the recipients allowance period--the food component of the recipients allowance; or
(B) in any other case--the amount ascertained in accordance with the formula:
where:
"A" is the food component of the recipients allowance;
"B" is the sum of the statutory food amounts in respect of eligible family members in respect of the recipients allowance period; and
"C" is the deducted home consumption expenditure;
(iv) where subparagraph (iii) does not apply--the food component of the recipients allowance reduced by the sum of the statutory food amounts in respect of eligible family members in respect of the recipients allowance period; or
(b) in any other case--nil.
"expense payment benefit" means a benefit referred to in section 20.
"expense payment fringe benefit" means a fringe benefit that is an expense payment benefit.
"extended travel airline transport benefit" means an airline transport fringe benefit where:
(a) the recipients transport is over an international route and involves the recipient being away from the recipient's usual place of residence for a continuous period including more than 5 nights; or
(b) the following conditions are satisfied:
(i) the recipients transport is in respect of travel by the recipient within Australia that involves the recipient being away from the recipient's usual place of residence for a continuous period including more than 5 nights;
(ii) the travel was not undertaken exclusively in gaining or producing salary or wages of the recipient in respect of the employment to which the fringe benefit relates.
"extended travel expense payment benefit" means an expense payment fringe benefit where:
(a) the recipient's expenditure is in respect of travel outside Australia and involves the recipient being away from the recipient's usual place of residence for a continuous period including more than 5 nights; or
(b) the following conditions are satisfied:
(i) the recipients expenditure is in respect of travel by the recipient within Australia that involves the recipient being away from the recipient's usual place of residence for a continuous period including more than 5 nights;
(ii) the travel was not undertaken exclusively in gaining or producing salary or wages of the recipient in respect of the employment to which the fringe benefit relates;
but does not include a car expense payment benefit.
"extended travel property benefit" means a property fringe benefit where:
(a) the recipients property is in respect of travel outside Australia and involves the recipient being away from the recipient's usual place of residence for a continuous period including more than 5 nights; or
(b) the following conditions are satisfied:
(i) the recipients property is provided in respect of travel by the recipient within Australia that involves the recipient being away from the recipient's usual place of residence for a continuous period including more than 5 nights;
(ii) the travel was not undertaken exclusively in gaining or producing salary or wages of the recipient in respect of the employment to which the fringe benefit relates;
but does not include a car property benefit.
"extended travel residual benefit" means a residual fringe benefit where:
(a) the recipients benefit is in respect of travel outside Australia and involves the recipient being away from the recipient's usual place of residence for a continuous period including more than 5 nights; or
(b) the following conditions are satisfied:
(i) the recipients benefit consists of, or is in respect of, travel by the recipient within Australia that involves the recipient being away from the recipient's usual place of residence for a continuous period including more than 5 nights;
(ii) the travel was not undertaken exclusively in gaining or producing salary or wages of the recipient in respect of the employment to which the fringe benefit relates;
but does not include a car residual benefit.
"external administrator" has the same meaning as in the Payment Systems and Netting Act 1998.
"external expense payment fringe benefit" means an expense payment fringe benefit other than an in-house expense payment fringe benefit.
"external non-period residual fringe benefit" means a non-period residual fringe benefit other than an in-house residual fringe benefit.
"external period residual fringe benefit" means a period residual fringe benefit other than an in-house residual fringe benefit.
"external property fringe benefit" , in relation to an employer, means a property fringe benefit in relation to the employer other than an in-house property fringe benefit.
"family member" , in relation to a benefit provided to an employee, or to an associate of an employee, in respect of the employment of the employee, means:
(a) the employee;
(b) the spouse of the employee; or
"FBT year " means a year beginning on 1 April.
"fitting" , in relation to a non-business accessory, includes the acquisition of the accessory.
"food component" , in relation to the recipients allowance in relation to a living-away-from-home allowance fringe benefit in relation to an employee of an employer, means so much (if any) of the recipients allowance as it would be concluded is in the nature of compensation for expenses that the employee might reasonably be expected to incur, in respect of the recipients allowance period, in respect of food or drink for eligible family members.
"foreign earnings" has the same meaning as in section 23AG of the Income Tax Assessment Act 1936 .
"former employee" means a person who has been a current employee.
"former employer" means a person who has been a current employer.
"fringe benefit" , in relation to an employee, in relation to the employer of the employee, in relation to a year of tax, means a benefit:
(a) provided at any time during the year of tax; or
(b) provided in respect of the year of tax;
being a benefit provided to the employee or to an associate of the employee by:
(c) the employer; or
(d) an associate of the employer; or
(e) a person (in this paragraph referred to as the arranger ) other than the employer or an associate of the employer under an arrangement covered by paragraph (a) of the definition of arrangement between:
(i) the employer or an associate of the employer; and
(ii) the arranger or another person; or
(ea) a person other than the employer or an associate of the employer, if the employer or an associate of the employer:
(i) participates in or facilitates the provision or receipt of the benefit; or
(ii) participates in, facilitates or promotes a scheme or plan involving the provision of the benefit;
and the employer or associate knows, or ought reasonably to know, that the employer or associate is doing so;
in respect of the employment of the employee, but does not include:
(f) a payment of salary or wages or a payment that would be salary or wages if salary or wages included exempt income for the purposes of the Income Tax Assessment Act 1936 ; or
(g) a benefit that is an exempt benefit in relation to the year of tax; or
(h) a benefit constituted by the acquisition by the employee, or by a relative of the employee, of a share in a company, or of a right to acquire a share in a company, under a scheme for the acquisition of shares by employees, where section 26AAC of the Income Tax Assessment Act 1936 applies in relation to the acquisition; or
(ha) a benefit constituted by the acquisition by a person of a share or right to acquire a share under an employee share scheme (within the meaning of Division 13A of Part III of the Income Tax Assessment Act 1936 ); or
(haa) a benefit constituted by the acquisition by a person under an employee share scheme (within the meaning of that Division) of a stapled security or right to acquire a stapled security that is treated as a qualifying share or qualifying right for the purposes of that Division because of Subdivision DB of that Division; or
(hb) a benefit constituted by the acquisition by a trust of money or other property where the sole activities of the trust are obtaining shares, or rights to acquire shares, in a company, or a holding company (within the meaning of the Corporations Act 2001 ) of the first‑mentioned company, and providing those shares or rights:
(i) to employees, or associates of employees, of the first‑mentioned company; or
(ii) to persons who are engaged in foreign service (within the meaning of section 139GBA of the Income Tax Assessment Act 1936 ) for the first‑mentioned company, or associates of those persons; or
(hc) a benefit constituted by the acquisition by a trust of money or other property where the sole activities of the trust are obtaining stapled securities or rights to acquire stapled securities that are treated as qualifying shares or qualifying rights for the purposes of Division 13A of Part III of the Income Tax Assessment Act 1936 because of Subdivision DB of that Division, and providing those stapled securities or rights:
(i) to employees of a stapled entity (within the meaning of that Division) for the stapled securities, or to associates of those employees; or
(ii) to persons who are engaged in foreign service (within the meaning of section 139GBA of the Income Tax Assessment Act 1936 ) for a stapled entity for the stapled securities, or associates of those persons; or
(iii) for a case where, if all the stapled entities for any of the stapled securities were part of one company, that company would be a holding company (within the meaning of the Corporations Act 2001 ) of another