Australian Capital Territory Repealed Acts

This legislation has been repealed.

PAYROLL TAX ACT 1987 (REPEALED) - SECT 3B

    (1)     An employer who has paid or is liable to pay fringe benefits tax under the Fringe Benefits Tax Assessment Act 1986 (Cwlth) in relation to a period of not less than 15 months before 30 June in any year may elect to include as the value of the benefits paid or payable by the employer during a month—

        (a)     in a return lodged in relation to each of the first 11 months after 30 June in the year— ¹ / 12 th of the amount determined in accordance with subsection (2), or the part of that amount that under section 2D (Wages to which this Act applies) consists of wages for the year of tax (within the meaning of the Fringe Benefits Tax Assessment Act 1986 (Cwlth)) ending on 31 March before the start of the current financial year; and

        (b)     in the return lodged in relation to the 12th month—the amount determined in accordance with subsection (2), or the part of that amount that under section 2D consists of wages for the year of tax (within the meaning of the Fringe Benefits Tax Assessment Act 1986 (Cwlth)) ending on 31 March before the month, less the total amounts of fringe benefits included in the returns for each of the earlier 11 months.

    (2)     An amount is determined in accordance with this subsection as follows:

    (3)     An election under subsection (1) takes effect when it is notified to the commissioner.

Note     If a form is approved under the Taxation Administration Act 1999 , s 139C for this section, the form must be used.

    (4)     If an employer makes an election under subsection (1), the employer must lodge returns containing amounts calculated in accordance with the election unless the commissioner approves, by written notice given to the employer, the termination of the election and allows the employer to include the value mentioned in section 3A (2) (a) (Value of benefit).

    (5)     If an employer ceases to be liable to pay payroll tax, the value of taxable wages consisting of fringe benefits to be included in the employer's final return is (whether or not the employer has made an election under subsection (1)) the value of the benefits paid or payable by the employer for the period starting on the previous 1 July until the date on which the employer ceases to be liable to payroll tax, less the value of the benefits paid or payable by the employer during the period for which payroll tax has been paid.

    (6)     In this section:

"AFBA" means the aggregate fringe benefits amount within the meaning of the Fringe Benefits Tax Assessment Act 1986 (Cwlth), section 136.

"FBT rate" means the rate of fringe benefits tax imposed by the Fringe Benefits Tax Assessment Act 1986 (Cwlth) that applies when the liability to payroll tax under this Act arises.