FRINGE BENEFITS TAX REGULATIONS (AMENDMENT) 1994 NO. 196

FRINGE BENEFITS TAX REGULATIONS (AMENDMENT) 1994 NO. 196

STATUTORY RULES 1994 No. 196

ISSUED BY THE AUTHORITY OF THE ASSISTANT TREASURER

Fringe Benefits Tax Assessment Act 1986

Fringe Benefits Tax Regulations (Amendment)

These amendments omit various Fringe Benefits Tax Regulations dealing with how tax may be paid to the Commissioner. The omitted Regulations also dealt with such issues as part payments, receipts, deficient postage, etc.

The rules dealing with the payment of debts owed to the Commissioner under the various Acts he administers are now contained in the Taxation Administration Regulations. As a consequence, Fringe Benefits Tax Regulations dealing with how payments of debts should be made are no longer necessary.

The minor technical amendment involves the omission of the word 'prescribed' from paragraph 5(1)(a) of the Regulations.

Regulations 4, 5, 6 and 7 commenced on 1 July 1992. The Regulations that commenced on 1 July 1992 do not affect the rights of any person (other than the Commonwealth) in a manner prejudicial to that person, nor do they impose any liability on such persons. The remainder of the Regulations that may impose obligations on persons commence from the date of gazettal. The Regulations therefore do not contravene subsection 48(2) of the Acts Interpretation Act 1901.

A detailed explanation of the Regulations is set out in the Attachment.

Attachment

Details of amendments to the Fringe Benefits Tax Regulations

Regulation 1 - Commencement

Regulation 1 makes it clear that Regulations 4, 5, 6 and 7 commence on 1 July 1992. This is the date from when replacement Regulations are included in the Taxation Administration Regulations. The commencement of these Regulations from this date does not impose a liability on any person, nor does it adversely affect any person's rights (other than the Commonwealth).

The remainder of the Regulations commence on the date of gazettal.

Regulation 2 - Amendment

Regulation 2 makes it clear that it is the Fringe Benefits Tax Regulations that are being amended.

Regulation 3 - Regulation 5 (Certificate of sources of information)

Regulation 3 amends Paragraph 5(1)(a) that deals with certificates of sources of information. The word 'Prescribed' (first occurring) has been omitted to correct a typographical error. This amendment has no effect on the operation of the Regulation.

Regulation 4 - Regulation 8 (Recovery of Tax)

Regulation 4 omits Regulation 8 that dealt with the recovery of tax by the Commissioner.

This Regulation has be replaced by Regulation 20 of the Taxation Administration Regulations.

Regulation 5 - Regulation 9 (Receipts)

Regulation 5 omits Regulation 9 that provided for the issue of receipts.

This Regulation has been replaced by Regulation 21 of the Taxation Administration Regulations.

Regulation 6 - Regulation 10 (Cheques)

Regulation 6 omits Regulation 10 that provided that where an amount is paid to the Commissioner by cheque, the amount is deemed not to have been paid until the cheque has been honoured.

A comparable Regulation has not be inserted into the Taxation Administration Regulations as the question of when a payment is taken to be received when made by cheque is covered by the general law.

Regulation 7 - Regulation 15 (Postage to be prepaid)

Regulation 7 omits Regulation 15 that dealt with the payment of postage.

This Regulation has been replaced by Regulation 23 of the Taxation Administration Regulations.