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LAWCOMM_403_long_notes.docx-CONTENTS Tips ......................................................................................................................................................................................... 4 Introducon ............................................................................................................................................................................
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LAWCOMM_403_long_notes.docx-CONTENTS Tips ......................................................................................................................................................................................... 4 Introducon ............................................................................................................................................................................
Page 128
RA 5
Tax obligaons for employment-related taxes
Withholding and payment obligaons
(1)
A person who makes a payment or provides a benefit of 1 of the following kinds must either withhold and pay, or pay,
the amount of tax for the payment or benefit to the Commissioner under subpart RD (Employment-related taxes) by the
due dates:
(a)
a PAYE income payment:
Timing for PAYE income payments
(2)
An amount of tax withheld from a PAYE income payment must be withheld at the me the person makes the payment.
A person making a PAYE income payment (usually an employer) must withhold PAYE
The obligaon to deduct PAYE is at the me the employer makes the payment to the employee
FRINGE BENEFITS
The policy of fringe benefit tax is to make the tax system fairer (equity) and prevent tax avoidance
o
Fringe benefits are generally not taxable as income – instead they are chargeable to FBT (mostly under subpart
RD)
o
Fringe benefits tax are paid by employers on non-cash benefits supplied by an employer to an employee
DEFINITION OF FRINGE BENEFIT
Definion of fringe benefit (
secons CX 2 and CX 4
)
o
A fringe benefit is any benefit that
“is provided by an employer to an employee in connecon with their
employment”, unless “excluded” (
secon CX 2
)
o
“To the extent to which a benefit that an employer provides to an employee in connecon with their
employment is assessable income, the benefit is not a fringe benefit.” (
secon CX 4
)
o
There are two kinds of fringe benefits – classified and unclassified (
secon CX 2
)
Exclusion of fringe benefits (
secon CX 3
)
o
“A fringe benefit is excluded income of the employee.”
Fringe benefits and exempt income (
secon CX 5
)
o
Exempt income does not count as a fringe benefit
Classified benefits (
secons CX 6 to CX 18
)
o
Classified benefits are benefits in respect of which there are parcular rules – they are classes of benefits
which are common, economically significant and troublesome from a tax point of view
o
Classified benefits include:
company cars: secon CX 6;
cheap loans: secon CX 10;
employers’ contribuons to superannuaon schemes: secon CX 13;
employers’ contribuons to sickness, accident and death benefit funds: secon CX 14;
employers’ contribuons to life and health insurance: secon CX 16.
Exclusions and limitaons (
secons CX 19 to CX 33
)
o
Exclusions and limitaons from FBT include:
accommodaon and travel provided to an employee to enable her to perform her employment
dues: secon CX 20;
For example, if your company send you overseas for a conference, and provides for you to
stay at a hotel
benefits provided on the employer’s premises (other than travel, accommodaon, and clothing):
secon CX 23;
For example, car parking
This is quite tax effecve as the employer gets a deducon for renng the parking space, and
doesn’t have to pay FBT
assistance with preparaon of tax return: secon CX 27;
accommodaon provided in connecon with employment: secon CX 28
For example, your employer requires you to stay somewhere for work purposes


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