Commonwealth Consolidated Acts Commonwealth Consolidated ActsAn employer who is dissatisfied with an assessment may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953 .
Fringe Benefits Tax Assessment Act 1986
No. 39, 1986
Compilation No. 95
Compilation date: 15 February 2025
Includes amendments: Act No. 8, 2025
This compilation is in 2 volumes
Schedule
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Fringe Benefits Tax Assessment Act 1986 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part VII--Collection and recovery of tax
Division 1--General
90 When tax payable
93 Unpaid tax
100 Person in receipt or control of money of non - resident
Division 2--Collection by instalments
Subdivision A--General
101 Interpretation
102 Liability to pay instalments of tax
103 When instalment of tax payable
104 Notice of the amount of an instalment
105 Credit for instalments payable
Subdivision C--Working out the amount of instalments
109 Interpretation
111 Amount of instalment of tax
112 Estimated tax
112A Credit in certain cases where amount of instalment is nil
112B Liability to GIC on shortfall in quarterly instalment worked out on the basis of estimated tax
113 Notice of alteration of amount of instalment
Part X--Statutory evidentiary documents
123 Retention of statutory evidentiary documents
123AA Alternatives to statutory evidentiary documents
123A When business use percentage and estimate of business kilometres must be specified
123B Substantiation requirements not to apply in special circumstances
Part XA--Endorsement of registered charities etc.
123C Endorsement by Commissioner as public benevolent institution
123D Endorsement by Commissioner as health promotion charity
123E Endorsement by Commissioner as registered charity (other than public benevolent institution or health promotion charity)
Part XI--Miscellaneous
124 Assessments
124A Assessment on assumption
129 Agents and trustees
132 Records to be kept and preserved
132A Written evidence not available when return lodged
134 Service on partnerships and associations
135 Regulations
Part XIA--Record keeping exemption
Division 1--Overview of Part
135A Overview of Part
Division 2--Conditions
135B Conditions that must be satisfied
135C What is a base year?
Division 3--Consequences if conditions in Division 2 are satisfied
135D Consequences
135E Exemption from keeping records
135F Keeping records for 5 years after they are last relied on
135G Way to work out liability
135H Exception if employer chooses to use current year aggregate fringe benefits amount
135J Exception if employer is government body or tax - exempt
135K Exception if aggregate fringe benefits amount increases too much
135L Employer not in business throughout current year
Part XIB--Reportable fringe benefits totals
135M Simplified outline of this Part
135N Employee's reportable fringe benefits total
135P Employee's reportable fringe benefits amount --general rule
135Q Reportable fringe benefits amount for some employees of certain institutions
Part XIC--Application of the Act to nominated State or Territory bodies
135R Application of this Part
135S Nomination of eligible State or Territory bodies
135T Eligible State or Territory bodies
135U Consequences of nomination
135V Working out the notional tax amount where nominations have been made, varied or revoked
135W Notional tax amount where a nominated State or Territory body ceases to exist
135X Application of certain provisions by agreement with the Commissioner
Part XID--Temporary budget repair levy
135Y Temporary budget repair levy
Part XII--Interpretation
136 Interpretation
136AB What constitutes reasonable belief that a superannuation fund is a complying superannuation fund
136A Reimbursement etc. of tax not to be regarded as consideration in respect of benefit etc.
137 Salary or wages
138 Double counting of fringe benefits
138A Benefit provided in respect of a year of tax
138B Benefit provided in respect of the employment of an employee
138C Application or use of benefit
139 Date on which return furnished
140 Eligible urban areas
141 Housing loans, prescribed interests in land or stratum units and proprietary rights in respect of dwellings
141A Benefits incidental to acquisition or sale of prescribed interests in land or stratum units and proprietary rights in respect of dwellings
142 Remote area housing
142A Benefits relating to transport
142B Employee's new place of employment
142C Eligible shared accommodation in a house, flat or home unit
142D Eligible accommodation in an employees hostel
143 Remote area holiday transport
143A Relocation transport
143B Overseas employees
143C Overseas employment holiday transport
143D Employment interviews and selection tests
143E Work - related medical examinations, work - related medical screening, work - related preventative health care, work - related counselling, migrant language training
144 Deemed payment
145 Consideration not in cash
146 Amounts to be expressed in Australian currency
147 Obligation to pay or repay an amount
148 Provision of benefits
149 Provision of benefit during a period
149A What is a GST - creditable benefit ?
150 Credit cards
151 Employee performing services for person other than employer
152A Recurring fringe benefit declaration
152B Employer may elect 50/50 split method for entertainment facility leasing costs
153 Residual benefits to include provision of property in certain circumstances
154 Creation of property
155 Use of property before title passes
156 Supply of electricity or gas through reticulation system
157 Christmas Island and Cocos (Keeling) Islands
158 Related companies
159 Associates and relatives
160 Continuity of employment where business disposed of etc.
161 Business journeys in car
162 Holding of car
162B When car used for the purpose of producing assessable income
162C Holding period of car
162F Reasonable estimate of number of business kilometres
162G Log book year of tax
162H Applicable log book period
162K Replacement cars--car fringe benefits
162L Replacement cars--otherwise deductible provisions
162N Registration of motor vehicle
164 Residence
165 Partnerships
166 Unincorporated companies
167 Offences by government bodies
Schedule--Statutory interest rates for periods between 1 January 1946 and 2 April 1986
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history