Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
FRINGE BENEFITS TAX ASSESSMENT ACT 1986 No. 39 of 1986 - SECT 136
Interpretation
136. (1) In this Act, unless the contrary intention appears-
"agent" includes-
(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 sub-section 71 (1);
"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;
"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;
"arrangement" means-
(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" means assessable income for the purposes of the Income Tax
Assessment Act 1936;
"assessment" means-
(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 same meaning in relation to a person as that expression
has in relation to a person in section 26AAB of the Income Tax Assessment Act
1936;
"Australia", when used in a geographical sense, includes the external
Territories;
"benchmark interest rate"-
(a) in relation to a year of tax, means a rate of interest offered
anywhere in Australia, immediately before the commencement of the
year of tax, in respect of a Commonwealth Bank housing loan; 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 of Review" means a Board of Review constituted under the Income Tax
Assessment Act 1936;
"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 sub-paragraphs 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;
"board benefit" means a benefit referred to in section 35;
"board fringe benefit" means a fringe benefit that is a board benefit;
"business journey" means-
(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 Divisions 4, 5, 11 and 12 of
Part III in relation to a fringe benefit 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 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;
"car" means a motor vehicle (including a vehicle known as a four wheel drive
vehicle), being-
(a) a motor car, station wagon, panel van, utility truck or similar
vehicle; or
(b) any other road vehicle designed to carry a load of less than 1 tonne
or fewer than 9 passengers,
but does not include a motor cycle or similar vehicle;
"car benefit" means a benefit referred to in sub-section 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 car expense within the meaning of Subdivision
F of Division 3 of Part III of the Income Tax Assessment Act 1936;
"car fringe benefit" means a fringe benefit that is a car 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 car expense within the
meaning of Subdivision F of Division 3 of Part III of the Income Tax
Assessment Act 1936 ;
"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 car expense within the
meaning of Subdivision F of Division 3 of Part III of the Income Tax
Assessment Act 1936 ;
"child", in relation to a person, includes an adopted child, a step-child or
an ex-nuptial child of the person;
"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;
"Commissioner" means the Commissioner of Taxation;
"Commonwealth Bank housing loan" means an arm's length loan by the
Commonwealth Savings 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;
"comparison time" means-
(a) in relation to a residual fringe benefit-
(i) where the fringe benefit is constituted by a benefit to which
sub-section 46 (2) applies-the commencement of the billing
period referred to in that sub-section 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;
"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;
"cost price"-
(a) in relation to a car owned by a person, means-
(i) where the car was manufactured by the person, the sum of-
(A) 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; and
(B) where a liability to sales tax arises by virtue of the
car being applied to the person's own use-the amount of
that liability;
(ii) where neither sub-paragraph (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 sub-section 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 sub-paragraph (i) does not apply and the person was
entitled to privileges or exemptions in relation to sales tax
or 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 sub-paragraph (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 (in this
paragraph referred to as the "provider") who held the car at the time of the
fitting, the sum of-
(A) 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 provider's own
use; and
(B) where a liability to sales tax arises by virtue of the
accessory being applied to the provider's own use-the
amount of that liability;
(ii) where neither sub-paragraph (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 sub-paragraph (i) does not apply and a person was
entitled to privileges or exemptions in relation to sales tax
or 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 sub-paragraph (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;
"current employee" means an employee within the meaning of Division 2 of Part
VI of the Income Tax Assessment Act 1936 and, whether or not the
Governor-General has entered into an arrangement in accordance with section
221B of that Act with the Governor in Council of the State concerned, includes
a member of the Parliament of a State and a person employed by a State or by
an authority of a State;
"current employer" means an employer within the meaning of Division 2 of Part
VI of the Income Tax Assessment Act 1936 and, whether or not the
Governor-General has entered into an arrangement in accordance with section
221B of that Act with the Governor in Council of the State concerned, includes
a State and an authority of a State;
"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;
"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 entertainment expenditure" means a loss or outgoing to the extent
to which-
(a) sub-section 51AE (5) of the Income Tax Assessment Act 1936 applies to
the loss or outgoing, or would apply if it were incurred in producing
assessable income;
(b) sub-section 51AE (5A) of that Act does not apply to the loss or
outgoing, or would not apply if it were incurred in
producing assessable income; and
(c) the loss or outgoing is deductible under section 51 of that Act or
would be so deductible if it had been incurred in producing
assessable income;
"deductible expenses", in relation to an allowance paid to an employee, means
expenses incurred by the employee in respect of which a deduction is or, but
for section 51AE, and Subdivisions F and G of Division 3 of Part III, of the
Income Tax Assessment Act 1936, would be, allowable to the employee under
section 51 of that Act;
"depreciable property" means plant or articles within the meaning of section
54 of the Income Tax Assessment Act 1936;
"Deputy Commissioner" means a Deputy Commissioner of Taxation;
"documentary evidence", in relation to an expense incurred by a person, means
a document that would constitute documentary evidence of the expense within
the meaning of sub-section 82KU (1) of the Income Tax Assessment Act 1936
(including that sub-section as applied by sub-sections 82KU (3) and (4) of
that Act) or sub-section 82KU (5) of that Act if the person were a taxpayer
within the meaning of that Act;
"domestic route" means a route where the port of embarkation and the port of
disembarkation are both within Australia;
"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 an airline transport fringe benefit, in
relation to 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 recipient 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;
"eligible dining facility", in relation to an employer, means-
(a) a canteen, dining room or similar facility; or
(b) a cafe, 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 entertainment expenditure" means deductible entertainment
expenditure or non-deductible entertainment expenditure;
"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 incidental travel expense payment benefit" means an expense
payment fringe benefit where-
(a) the recipients expenditure-
(i) 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
(ii) relates solely to travel by the recipient in 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-paragraph (a) (i);
"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 premises", in relation to 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 his or her employment;
"employee" means-
(a) a current employee;
(b) a future employee; or
(c) a former employee;
"employer" means-
(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, includes 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;
"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 A-(B-C), 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 sub-paragraph (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; 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;
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; 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; 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 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;
"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;
"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) deemed to be provided in respect of the year of tax,
being a benefit provided, or originally provided, as the case may be, to the
employee or to an associate of the employee by-
(c) the employer;
(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
between-
(i) the employer or an associate of the employer; and
(ii) the arranger or another person,
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;
(g) a benefit that is an exempt benefit in relation to the year of tax;
(h) a benefit constituted by the acquisition by 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;
(j) a benefit constituted by-
(i) the making of a payment of money to; or
(ii) the setting apart of money as,
a superannuation fund;
(k) a payment within the meaning of Subdivision AA of Division 2 of Part
III of the Income Tax Assessment Act 1936 that would be an eligible
termination payment within the meaning of that Subdivision if-
(i) sub-paragraphs (a) (ii), (iii) and (iv) of the definition of
"eligible termination payment" in sub-section 27A (1) of that Act were
omitted;
(ii) a reference in paragraph (b) of that definition to a
superannuation fund included a reference to a fund of the kind
referred to in sub-paragraph (a) (iii) of that definition;
(iii) sub-paragraphs (b) (i), (ii) and (iii) of that definition were
omitted; and
(iv) paragraph (k) of that definition were omitted;
(m) consideration of a capital nature for, or in respect of-
(i) a legally enforceable contract in restraint of trade by a
person; or
(ii) personal injury to a person;
(n) a payment of an amount that, under any provision of the Income Tax
Assessment Act 1936, is deemed to be a dividend paid to the recipient;
or
(p) a payment made, or liability incurred, to a person to the extent that
the payment or liability is, by virtue of sub-section 65 (1A) of the
Income Tax Assessment Act 1936, deemed not be income of the person
for the purposes of that Act;
"fringe benefits tax" or "tax" means tax imposed by the Fringe Benefits Tax
Act 1986 ;
"fringe benefits taxable amount", in relation to an employer in relation to a
year of tax, means the sum of the taxable values, in relation to the year of
tax, of all the fringe benefits in relation to the employer in relation to the
year of tax;
"future employee" means a person who will become a current employee;
"future employer" means a person who will become a current employer;
"government body" means the Commonwealth, a State, a Territory or an authority
of the Commonwealth or of a State or Territory;
"housing benefit" means a benefit referred to in section 25;
"housing fringe benefit" means a fringe benefit that is a housing benefit;
"housing right", in relation to a person, means a lease or licence granted to
the person to occupy or use a unit of accommodation, insofar as that lease or
licence subsists at a time when the unit of accommodation is the person's
usual place of residence;
"identical benefit", in relation to the recipients benefit in relation to a
residual fringe benefit, means another benefit that is the same in all
respects, except for differences (if any) that are minimal or insignificant
and do not affect the value of the other benefit;
"identical overall benefit", in relation to the recipients overall benefit in
relation to a period residual fringe benefit, means a benefit that is the same
in all respects as the recipients overall benefit (except for any differences
that are minimal or insignificant and do not affect the value of the benefit);
"identical property", in relation to the recipients property in relation to a
property fringe benefit, means other property that is the same in all
respects, including physical characteristics, quality and reputation, except
for differences (if any) that are minimal or insignificant and do not affect
the value of the property;
"in-house fringe benefit" means an in-house property fringe benefit or an
in-house residual fringe benefit;
"in-house non-period residual fringe benefit" means an in-house residual
fringe benefit that is not provided during a period;
"in-house period residual fringe benefit" means an in-house residual fringe
benefit that is provided during a period;
"in-house property fringe benefit", in relation to an employer, means a
property fringe benefit in relation to the employer in respect of tangible
property where the provider is the employer or an associate of the employer
and, at or about the provision time, the provider carried on a business that
consisted of or included the provision of identical or similar property
principally to outsiders;
"in-house residual fringe benefit", in relation to an employer, means a
residual fringe benefit in relation to the employer where-
(a) the provider is the employer or an associate of the employer; and
(b) at or about the comparison time, the provider carried on a business
that consisted of or included the provision of identical or similar
benefits principally to outsiders,
but does not include a benefit provided under a contract of investment
insurance;
"in respect of", in relation to the employment an of employee, includes by
reason of, by virtue of, or for or in relation directly or indirectly to, that
employment;
"incorporated company" means a company being a body corporate;
"industrial instrument" means a law of the Commonwealth or of a State or
Territory or an award, order, determination or industrial agreement in force
under any such law;
"intangible property" means-
(a) real property;
(b) a chose in action; and
(c) any other kind of property other than tangible property,
but does not include-
(d) a right arising under a contract of insurance; or
(e) a lease or licence in respect of real property or tangible property;
"interest", in relation to a loan, includes a payment in the nature of
interest;
"international route" means a route that is not a domestic route;
"lease" includes sub-lease;
"leased" means let on hire (including a letting on hire that is described in
the relevant agreement as a lease) under an agreement other than a
hire-purchase agreement;
"leased car value", in relation to a car held but not owned by a person at a
particular time, means-
(a) in a case to which paragraph (b) does not apply-the amount that the
person could reasonably be expected to have been required to pay to
purchase the car from the owner at that time under an arm's length
transaction; or
(b) if the person commenced to lease the car at that time from a lessor
who purchased the car at or about that time-the cost price of the car
to the lessor;
"liability to the Commonwealth" means a liability to the Commonwealth arising
under, or by virtue of, an Act of which the Commissioner has the general
administration;
"liquidator", in relation to a company, means a person who, whether or not
appointed as liquidator, is required by law to carry out the winding up of the
company;
"living-away-from-home allowance benefit" means a benefit referred to in
section 30;
"living-away-from-home allowance fringe benefit" means a fringe benefit that
is living-away-from-home allowance benefit;
"living-away-from-home food fringe benefit" means-
(a) an expense payment fringe benefit in relation to an employee where-
(i) the recipients expenditure was incurred in respect of food or
drink;
(ii) paragraph 24 (1) (b) does not apply to the recipients
expenditure; and
(iii) the food or drink was for consumption by eligible family
members at a time when the employee was required to live away
from his or her usual place of residence in order to perform
the duties of his or her employment; or
(b) a property fringe benefit in relation to an employee where-
(i) the recipients property is food or drink;
(ii) if the recipient, at the provision time, had incurred
expenditure in respect of the provision of the
recipients property, paragraph 44 (1) (b) would not apply to
that expenditure; and
(iii) the food or drink was for consumption by eligible family
members at a time when the employee was required to live away
from his or her usual place of residence in order to perform
the duties of his or her employment;
"loan" includes-
(a) an advance of money;
(b) the provision of credit or any other form of financial accommodation;
(c) the payment of an amount for, on account of, on behalf of or at the
request of a person where there is an obligation (whether expressed or
implied) to repay the amount; and
(d) a transaction (whatever its terms or form) which in substance effects
a loan of money;
"loan benefit" means a benefit referred to in sub-section 16 (1);
"loan fringe benefit" means a fringe benefit that is a loan benefit;
"meal entitlement day", in relation to a meal provided in a year of tax, in
respect of the employment of an employee, to a person (in this definition
referred to as the "recipient") being the employee or an associate of the
employee, means a day in respect of which-
(a) in respect of the employment of the employee, the recipient was
entitled to be provided (whether without charge or otherwise) with
residential accommodation; and
(b) either of the following sub-paragraphs applies:
(i) the recipient was entitled, pursuant to the provisions of an
industrial instrument in respect of the employment of the
employee, to be provided (whether without charge or otherwise)
with not fewer than 2 meals on that day;
(ii) the following conditions are satisfied:
(A) under an arrangement that was in force during the whole
or a part of the year of tax (which whole or part is in
this sub-paragraph referred
to as the "arrangement period") in respect of the employment of the employee,
the recipient was entitled to be provided (whether without charge or
otherwise) with not fewer than 2 meals on that day;
(B) during the arrangement period, the recipient was also
entitled under the arrangement to be provided (whether
without charge or otherwise) with not fewer than 2 meals
on each day during the arrangement period that was a
working day in relation to the employee;
(C) pursuant to the arrangement, the recipient was ordinarily
provided (whether without charge or otherwise) with not
fewer than 2 meals on the days referred to in
sub-sub-paragraph (b);
"motor vehicle" means a motor vehicle (including a vehicle known as a four
wheel drive vehicle), being-
(a) a motor car, station wagon, panel van, utility truck or similar
vehicle;
(b) a motor cycle or similar vehicle; or
(c) any other road vehicle;
"natural person" does not include a natural person in the capacity of trustee;
"non-business accessory", in relation to a car, means an accessory fitted to
the car, whether at the factory where the car was assembled or at some other
place, other than an accessory required to meet the special needs of any
business operations in relation to which the car is used;
"non-deductible entertainment expenditure" means a loss or outgoing to the
extent to which-
(a) sub-section 51AE (4) of the Income Tax Assessment Act 1936 applies to
the loss or outgoing, or would apply if it were incurred in producing
assessable income; and
(b) but for that sub-section, the loss or outgoing would be deductible
under section 51 of that Act, or would be so deductible if it were
incurred in producing assessable income;
"non-deductible exempt entertainment expenditure" means non-deductible
entertainment expenditure to the extent to which it is not incurred in
producing assessable income;
"non-profit company" means a company that is not carried on for the purposes
of profit or gain to its individual members and is, by the terms of the
company's constituent document, prohibited from making any distribution,
whether in money, property or otherwise, to its members;
"notional value", in relation to the provision of property or another benefit
to a person, means the amount that the person could reasonably be expected to
have been required to pay to obtain the property or other benefit from the
provider under an arm's length transaction;
"obligation", in relation to the payment or repayment of an amount, includes
an obligation that is not enforceable by legal proceedings;
"offence against this Act" includes an offence against-
(a) the Crimes Act 1914; or
(b) the Taxation Administration Act 1953,
relating to this Act;
"officer" means an officer or employee of the Australian Public Service;
"once-only deduction", in relation to expenditure, means a deduction in a
year of income in respect of a percentage of the expenditure where no
deduction is allowable in respect of a percentage of the expenditure in any
other year of income;
"original assessment date" means-
(a) in relation to an assessment other than an amended assessment-the day
on which the assessment was made; and
(b) in relation to an assessment being the first or a subsequent amendment
of an assessment to which paragraph (a) applies-the day on which the
original assessment was made;
"outsider", in relation to the employment of an employee of an employer, means
a person not being-
(a) an employee of the employer;
(b) an employee of an associate of the employer;
(c) an employee of a person (in this definition referred to as the
"provider") other than the employer or an associate of the employer who
provides benefits to, or to associates of, employees of the employer or an
associate of the employer under an arrangement between-
(i) the employer or an associate of the employer; and
(ii) the provider or another person; or
(d) an associate of an employee to whom any of the preceding paragraphs
apply;
"period residual fringe benefit" means a residual fringe benefit that is
provided during a period;
"person" includes-
(a) a body politic;
(b) a body corporate;
(c) a partnership;
(d) any other unincorporated association or body of persons; and
(e) a person in the capacity of trustee;
"place of residence", in relation to a person, means-
(a) a place at which the person resides; or
(b) a place at which the person has sleeping accommodation,
whether on a permanent or temporary basis and whether or not on a shared
basis;
"preferential air fare" means an air fare charged by a person in respect of
travel over a route, being an air fare the payment of which entitles the
person travelling to benefits to which some of the other passengers on the
same flight are not entitled;
"private use", in relation to a motor vehicle, in relation to an employee or
an associate of an employee, means any use of the motor vehicle by the
employee or associate, as the case may be, that is not exclusively in the
course of producing assessable income of the employee;
"producing assessable income" includes-
(a) gaining assessable income; or
(b) carrying on a business for the purpose of gaining or producing
assessable income;
"property" means-
(a) intangible property; and
(b) tangible property;
"property benefit" means a benefit referred to in section 40, but does not
include a benefit that is a benefit by virtue of a provision of Subdivision A
of Divisions 2 to 10 (inclusive) of Part III;
"property fringe benefit" means a fringe benefit that is a property benefit;
"provide"-
(a) in relation to a benefit-includes allow, confer, give, grant or
perform; and
(b) in relation to property-means dispose of (whether by sale, gift,
declaration of trust or otherwise)-
(i) if the property is a beneficial interest in property but does
not include legal ownership-the beneficial interest; or
(ii) in any other case-the legal ownership of the property;
"provider", in relation to a benefit, means the person who provides the
benefit;
"providers published air fare", in relation to an airline transport fringe
benefit provided over a route in a year of tax, means-
(a) where paragraph (b) does not apply-
(i) a qualifying air fare charged by the provider in respect of
transport over that route; or
(ii) one half of a qualifying air fare charged by the provider in
respect of return transport over that route,
during the period of 12 months ending at the end of the year of tax; or
(b) in a case where the provider charges children, students or blind
persons a concessional air fare in respect of an air fare to which
paragraph (a) applies and the recipient is eligible for such a
concessional air fare-the concessional air fare concerned;
"provision time", in relation to the provision of property, means the time
when the property is provided;
"qualifying air fare" means an air fare charged by the provider of an
airline transport fringe benefit in respect of transport over a route, being-
(a) where the provider has premises in Australia at which air tickets
issued by the provider are sold-an air fare that was-
(i) offered as being available to all members of the public by the
provider at those premises; and
(ii) specified in a publication authorised by the provider and
available at those premises; or
(b) where the provider does not have premises as mentioned in paragraph
(a) but an agent of the provider has premises in Australia at which
air tickets issued by the provider are sold-an air fare that was-
(i) offered as being available to all members of the public by the
agent at those premises; and
(ii) specified in a tariff manual authorised by the provider and
available at those premises,
and being, in either case, an air fare that was not subject to special
conditions requiring a booking to be made in respect of more than 1 person;
"quarter" means a period of 3 calendar months commencing on 1 January, 1
April, 1 July or 1 October;
"recipient", in relation to a benefit, means the person to whom the benefit is
provided;
"recipients allowance", in relation to a living-away-from-home allowance
fringe benefit, means the allowance, or the part of the allowance, the payment
of which constitutes the fringe benefit;
"recipients allowance period", in relation to a living-away-from-home
allowance fringe benefit, means the period to which the recipients allowance
relates;
"recipients benefit", in relation to a residual benefit, means the benefit to
which the residual benefit relates;
"recipients contribution"-
(a) in relation to an airline transport fringe benefit, a property fringe
benefit, a residual fringe benefit or a board fringe benefit, being a
fringe benefit provided in respect of the employment of an employee of
an employer, means the amount of any consideration paid to the
provider or to the employer by the recipient or by the employee
in respect of the provision of the recipients transport, the
recipients property, the recipients benefit or the recipients meal, as
the case may be, reduced by the amount of any reimbursement paid to
the recipient in respect of that consideration; and
(b) in relation to an expense payment fringe benefit provided in respect
of the employment of an employee of an employer, being a
fringe benefit to which paragraph 20 (a) applies-the amount paid to
the provider or to the employer by the recipient or by the employee
in respect of the provision of the fringe benefit;
"recipients current benefit", in relation to a period residual fringe benefit
in relation to a year of tax, means the benefit to which the fringe benefit
relates, insofar as that benefit was provided during the year of tax;
"recipients current housing right", in relation to a housing fringe benefit in
relation to a year of tax, means the housing right to which the fringe benefit
relates, insofar as that housing right subsisted during the year of tax;
"recipients expenditure", in relation to an expense payment benefit, means the
expenditure incurred by the recipient as mentioned in paragraph 20 (a) or (b),
as the case requires;
"recipients meal", in relation to a board fringe benefit, means the meal to
which the fringe benefit relates;
"recipients overall benefit", in relation to a period residual fringe benefit
in relation to a year of tax, means the benefit to which the fringe benefit
relates, including that benefit as it was or will be provided at any time
outside the year of tax;
"recipients overall housing right", in relation to a housing fringe benefit in
relation to a year of tax, means the housing right to which the fringe benefit
relates, including that housing right as it subsisted, or will subsist,
outside the year of tax;
"recipients property", in relation to a property benefit, means the property
to which the benefit relates;
"recipients rent", in relation to a housing fringe benefit in relation to an
employee of an employer in relation to a year of tax, means the amount of any
rent or other consideration paid to the provider or to the employer by the
recipient or the employee in respect of the subsistence, during the year of
tax, of the recipients housing right reduced by the amount of any
reimbursement paid to the recipient in respect of that consideration;
"recipients transport", in relation to an airline transport fringe benefit,
means the transport and incidental services to which the benefit relates;
"recipients unit of accommodation", in relation to a housing fringe benefit,
means the unit of accommodation to which the fringe benefit relates;
"recreation" includes-
(a) amusement;
(b) sport or similar leisure-time pursuits; and
(c) recreation or amusement provided on, or by means of, a vehicle, ship,
vessel or aircraft;
"recreational facility" means a facility for recreation, but does not include
a facility for accommodation or a facility for drinking or dining;
"reimburse" includes any act having the effect or result, direct or indirect,
of a reimbursement;
"relevant car documents", in relation to a car that was held by a person
during a period during a year of tax, means-
(a) a daily log book or similar document in which, in respect of each
business journey undertaken in the car during the period, an entry
setting out particulars of-
(i) the date on which the journey began and the date on which it
ended;
(ii) the respective odometer readings of the car at the beginning
and end of the journey;
(iii) the number of kilometres travelled by the car in the course of
the journey;
(iv) the purpose or purposes of the journey;
(v) the name of the person, or the names of the persons, driving
the car on that journey;
(vi) the date on which the entry is made; and
(vii) the name of the person by whom the entry is made,
is made in the English language at, or as soon as reasonably practicable
after, the end of the journey, and that, in relation to each such entry so
made, is signed, at the time when the entry is made, by the person who made
the entry; and
(b) a document in which particulars of-
(i) the odometer reading of the car at the commencement of the
period;
(ii) the odometer reading of the car at the end of the period;
(iii) the respective dates on which the entries are made; and
(iv) the name of the person, or the names of the respective persons,
by whom the entries are made,
are entered in the English language, and that is signed by the person or
persons referred to in sub-paragraph (iv), at, or as soon as reasonably
practicable after, the respective times to which those odometer readings
relate;
"remote area housing fringe benefit" means a housing fringe benefit that is a
remote area housing fringe benefit for the purposes of section 29;
"rent index number", in relation to a quarter in relation to a State or
Territory, means the index number of the rent sub-group of the Consumer Price
Index published by the Australian Statistician in respect of that quarter for
the capital city of that State or Territory;
"residential fuel" means any form of fuel (including electricity) for use for
domestic purposes;
"residual benefit" means a benefit that is a residual benefit by virtue of
section 45;
"residual fringe benefit" means a fringe benefit that is a residual benefit;
"retention period", in relation to a statutory evidentiary document in
relation to an employer in relation to a year of tax, means the period that-
(a) commences on-
(i) where the statutory evidentiary document is maintained by or on
behalf of the employer-the day on which the document commences
to be maintained; or
(ii) in any other case-the day on which the statutory evidentiary
document is given to the employer; and
(b) ends-
(i) in a case to which sub-paragraph (ii) does not apply-at the end
of the period of 6 years commencing on the
original assessment date in relation to an assessment of the
fringe benefits taxable amount of the employer of the
year of tax; or
(ii) if, at the end of that period of 6 years, an objection, or a
request for amendment of an assessment (not being an objection)
relating to a matter, or matters including a matter, to which
the statutory evidentiary document is relevant, or a review or
appeal arising out of such an objection, has not been
determined or otherwise finally disposed of-on the day on which
the objection (and any review or appeal arising out of it), the
request, or review or appeal (and any appeal or further appeal
arising out of it), as the case may be, is determined or so
disposed of;
"salary or wages" means assessable income, being salary or wages within the
meaning of section 221A of the Income Tax Assessment Act 1936;
"sales tax" means sales tax imposed under a law of the Commonwealth;
"Second Commissioner" means a Second Commissioner of Taxation;
"small expense payment fringe benefit" means an expense payment fringe benefit
where the recipients expenditure does not exceed $10;
"spouse", in relation to a person, includes another person who, although not
legally married to the person, lives with the person on a bona fide domestic
basis as the husband or wife of the person;
"standard year of tax" means the year of tax commencing on 1 April 1987 or a
subsequent year of tax;
"stand-by value", in relation to the recipients transport, in relation to an
airline transport fringe benefit, means-
(a) where the recipients transport is over a domestic route-
(i) if the recipients transport is on a scheduled passenger air
service-37.5% of the economy air fare charged by the provider
at or about the comparison time in respect of transport over
that route;
(ii) if sub-paragraph (i) does not apply and the Australian National
Airlines Commission operates a scheduled passenger air service
over that route at or about the comparison time-37.5% of the
economy air fare charged by the Australian National Airlines
Commission at or about the comparison time in respect of
transport over that route;
(iii) if neither sub-paragraph (i) nor (ii) applies and a carrier
other than the Australian National Airlines Commission operates
a scheduled passenger air service over that route at or about
the comparison time-37.5% of the lowest economy air fare
charged by a carrier other than the Australian National
Airlines Commission at or about the comparison time
in respect of transport over that route;
(iv) if none of sub-paragraphs (i), (ii) and (iii) apply and a
combination of scheduled passenger air services operated by the
Australian National Airlines Commission at or about the
comparison time would enable a person to travel between the
ports of embarkation and disembarkation-37.5% of the
combination of economy air fares charged by the Australian
National Airlines Commission at or about the comparison time
in respect of transport between the ports of embarkation and
disembarkation;
(v) if none of sub-paragraphs (i), (ii), (iii) and (iv) apply and a
combination of scheduled passenger air services operated by a
carrier or carriers at or about the comparison time would
enable a person to travel between the ports of embarkation and
disembarkation-37.5% of the lowest combination of
economy air fares charged by carriers at or about the
comparison time in respect of transport between the ports of
embarkation and disembarkation; and
(vi) in any other case-75% of the notional value at the comparison
time of the recipients transport; and
(b) where the recipients transport is over an international route-
(i) if the recipients transport is on a scheduled passenger air
service and there is, at or about the comparison time, a
providers published air fare in respect of the route-37.5% of
the lowest providers published air fare in respect of that
route;
(ii) if sub-paragraph (i) does not apply and a carrier operates a
scheduled passenger air service over that route at or about the
comparison time-37.5% of the lowest economy air fare charged by
a carrier at or about the comparison time in respect of
transport over that route;
(iii) if neither sub-paragraph (i) nor (ii) applies and a combination
of scheduled passenger air services operated by a carrier or
carriers at or about the comparison time would enable a person
to travel between the ports of embarkation and
disembarkation-37.5% of the lowest combination of economy air
fares charged by carriers at or about the comparison time
in respect of transport between the ports of embarkation and
disembarkation; and
(iv) in any other case-75% of the notional value at the comparison
time of the recipients transport;
"statutory annual rent amount", in relation to a year of tax, means the
52AB amount calculated in accordance with the formula ----, where-
C
A is the amount of the average weekly earnings (including overtime) of adult
male full-time employees in the mining industry, being that amount as
published by the Australian Statistician in respect of a pay period in the
November immediately preceding the beginning of the year of tax in a document
entitled-
(a) in the case of the transitional year of tax-"Average Earnings and
Hours of Employees, Australia"; and
(b) in the case of a standard year of tax-"Average Weekly Earnings, States
and Australia";
B is the number of whole dollars in the sum of the amounts of the dwelling
rent components of total private final consumption expenditure in respect of
the quarters of the calendar year immediately preceding the year of tax, being
those amounts, expressed at current prices and without seasonal adjustment, as
published by the Australian Statistician in the document published in respect
of the December quarter of that calendar year and entitled "Quarterly
Estimates of National Income and Expenditure"; and
C is the number of whole dollars in the sum of the amounts of total private
final consumption expenditure in respect of the quarters of the calendar year
immediately preceding the year of tax, being those amounts, expressed at
current prices and without seasonal adjustment, as published by the Australian
Statistician in the document published in respect of the
December quarter of that calendar year and entitled "Quarterly Estimates of
National Income and Expenditure";
"statutory food amount", in relation to a person, in relation to a period in
relation to a year of tax, means the amount calculated in respect of that
period-
(a) in a case where the person had attained the age of 12 years before the
beginning of the year of tax-at the rate of $42 per week; and
(b) in any other case-at the rate of $21 per week;
"statutory evidentiary document", in relation to an employer in relation to a
year of tax, means-
(a) a declaration or other document that is-
(i) given to the employer pursuant to a provision of Part III or of
a definition in this sub-section that is relevant to that Part;
and
(ii) relevant for the purposes of determining-
(A) the taxable value of a fringe benefit provided
in respect of the employment of an employee of the
employer; or
(B) whether a benefit provided in respect of the employment
of an employee of the employer is an exempt benefit; and
(b) a document maintained by the employer in relation to the year of tax
as mentioned in paragraph 10 (3) (b) or sub-sub-paragraph 24 (1) (c)
(i) (b);
"statutory interest rate"-
(a) in relation to a year of tax, means-
(i) if there is only 1 benchmark interest rate in relation to the
year of tax-that rate;
(ii) if there are 2 or more benchmark interest rates in relation to
the year of tax-the lower or lowest of those rates; or
(iii) if there is no benchmark interest rate in relation to the year
of tax-such rate as is prescribed; and
(b) in relation to a time (in this paragraph referred to as the "loan
time") before 1 July 1986, means-
(i) if the loan time occurred after 2 April 1986-
(A) if there is only 1 benchmark interest rate in relation to
the loan time-that rate;
(B) if there are 2 or more benchmark interest rates in
relation to the loan time-the lower or lowest of those
rates; or
(C) if there is no benchmark interest rate in relation to the
loan time-such rate as is prescribed;
(ii) if the loan time occurred during a period specified in the
Schedule-the rate specified in the Schedule in relation to that
period; and
(iii) if the loan time occurred before 1 January 1946-3.875% per
annum;
"stratum unit", in relation to a dwelling, means a unit on a unit plan
registered under a law of a State or Territory that provides for the
registration of titles of a kind known as unit titles or strata titles, being
a unit that comprises-
(a) a part of a building containing the dwelling, being a part consisting
of a flat or home unit; or
(b) a part of a parcel of land, being a part on which the building
containing the dwelling is constructed;
"superannuation fund" means-
(a) a superannuation fund within the meaning of Division 9B of Part III of
the Income Tax Assessment Act 1936; or
(b) a scheme for the payment of benefits upon retirement or death, being a
scheme constituted by or under a law of the Commonwealth or of a State
or Territory;
"tangible property" means goods and includes-
(a) animals, including fish; and
(b) gas and electricity;
"tax-exempt body entertainment benefit" means a benefit referred to in section
38;
"tax-exempt body entertainment fringe benefit" means a fringe benefit that is
a tax-exempt body entertainment benefit;
"taxi" means a motor vehicle that is licensed to operate as a taxi;
"tenancy period", in relation to a housing fringe benefit in relation to a
year of tax, means the period during the year of tax when the housing right to
which the fringe benefits relates subsisted;
"this Act" includes the regulations;
"transitional year of tax" means the year of tax commencing on 1 July 1986;
"travel agent", in relation to transport 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 that consisted of or included
the sale principally to outsiders of airline tickets issued by
airline operators;
"travel diary", in relation to particular travel undertaken by the recipient
of an expense payment fringe benefit, an airline transport fringe benefit, a
property fringe benefit or a residual fringe benefit, means a diary or similar
document, in the English language, in which, in relation to each activity
engaged in by the recipient-
(a) while undertaking that travel; and
(b) in the course of producing assessable income of the recipient,
the recipient has made, before, at the time of, or as soon as reasonably
practicable after, the conclusion of the activity, an entry setting out
particulars of-
(c) the date on which the entry was made;
(d) the place where the activity was undertaken;
(e) the date and approximate time when the activity commenced;
(f) the duration of the activity; and
(g) the nature of the activity,
and includes a copy of such a diary or document;
"trustee" includes-
(a) a person appointed or constituted trustee by act of parties, by order
or declaration of a court, or by operation of law;
(b) an executor, administrator or other personal representative of a
deceased person;
(c) a guardian or committee;
(d) a receiver or receiver and manager;
(e) an official manager or liquidator of a company; or
(f) a person-
(i) having or taking upon himself or herself the administration or
control of any real or personal property affected by any
express or implied trust;
(ii) acting in any fiduciary capacity; or
(iii) having the possession, control or management of any real or
personal property of a person under any legal or other
disability;
"unincorporated company" means a company being an unincorporated association
or other unincorporated body of persons;
"unit of accommodation" includes-
(a) a house, flat or home unit;
(b) accommodation in a hotel, hostel, motel or guesthouse;
(c) accommodation in a bunkhouse or any living quarters;
(d) accommodation in a ship, vessel or floating structure; and
(e) a caravan or other mobile home;
"waive" includes release;
"work-related travel", in relation to an employee, means-
(a) travel by the employee between-
(i) the place of residence of the employee; and
(ii) the place of employment of the employee or any other place from
which or at which the employee performs duties of his or her
employment; or
(b) travel by the employee that is incidental to travel in the course of
performing the duties of his or her employment;
"year of income" has the same meaning as in the Income Tax Assessment Act 1936
;
"year of tax" means-
(a) the period commencing on 1 July 1986 and ending on 31 March 1987;
(b) the year commencing on 1 April 1987; and
(c) each subsequent year commencing on 1 April.
(2) In the definition of "business premises" in sub-section (1), "premises"
includes a ship, vessel, floating structure, aircraft or train.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback