New South Wales Repealed Acts

This legislation has been repealed.

PAY-ROLL TAX ACT 1971 - SECT 13A

13A Inclusion of fringe benefits in returns etc

(1) In this Act, a reference to taxable wages that were paid or payable by an employer during a month is, in relation to taxable wages, being fringe benefits:

(a) a reference to the value of the fringe benefits paid or payable by the employer during the month, or

(b) if the employer has made an election under subsection (2) which is in force under this section, a reference to an amount calculated in accordance with that subsection.

(2) An employer who has paid or is liable to pay fringe benefits tax imposed by the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of a period of not less than 15 months before 30 June in any year may elect to include as the value of the fringe benefits paid or payable by the employer during the month concerned:

(a) in a return furnished in relation to each of the first 11 months occurring after 30 June in that year-one-twelfth of the amount determined in accordance with subsection (2A) or that part of that amount as, in accordance with section 6, comprises wages liable to pay-roll tax, for the year of tax (within the meaning of that Act) ending on 31 March preceding the commencement of the current financial year, and

(b) in the return furnished in relation to the twelfth month-the amount determined in accordance with subsection (2A) or that part of that amount as, in accordance with section 6, comprises wages liable to pay-roll tax, for the year of tax (within the meaning of that Act) ending on 31 March preceding that month less the total of the amounts of fringe benefits included in the returns for each of the preceding 11 months.

(2A) The amount determined in accordance with this subsection is to be determined in accordance with the formula:

"AFBA" is the aggregate fringe benefits amount (within the meaning of section 136 of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth), and
"FBT rate" is the rate of fringe benefits tax imposed by the Fringe Benefits Tax Act 1986 of the Commonwealth that applies when the liability to pay-roll tax under this Act occurs.

(3) In this Act, a reference to taxable wages that were paid or payable by an employer during a year is, in relation to taxable wages comprising fringe benefits, a reference to an amount calculated by adding together the amounts under subsection (1) (a) or (b) (or subsection (1) (a) and (b)), as the case requires, for the months of that year.

(4) An election under subsection (2) takes effect when it is notified to the Chief Commissioner in the form approved by the Chief Commissioner.

(5) After an employer has made an election under subsection (2), the employer must furnish returns containing amounts calculated in accordance with the election unless the Chief Commissioner approves, by notice in writing given to the employer, the termination of the election and allows the employer to include the value referred to in subsection (1) (a).

(6) If an employer ceases to be liable to pay-roll tax, the value of taxable wages, comprising fringe benefits, to be included in the employer’s final return is (irrespective of whether or not the employer has made an election under subsection (2) which is in force under this section) the value of the fringe benefits paid or payable by the employer for the period on and from the preceding 1 July until the date on which the employer ceases to be liable to pay-roll tax less the value of the fringe benefits paid or payable by the employer during that period on which pay-roll tax has been paid.