Commonwealth Numbered Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 No. 39 of 1986 - SECT 46

46. (1) Subject to this section, a residual benefit that is provided during a
period shall be deemed to have been provided in respect of each year of tax
during which any part of that period occurred.

(2) Where-
(a) a residual benefit (in this sub-section referred to as the "eligible
benefit"), not being a residual benefit constituted by a lease or licence in
respect of property, is provided on the basis that, in respect of each of a
number of regular periods (in this sub-section referred to as a "billing
period") commencing on or after 1 July 1986 (whether or not there were any
such periods before that date), a payment is to be made in respect of the
provision of the benefit during the billing period; and

   (b)  identical benefits are provided to members of the public on the same
        basis and in the ordinary course of a business carried on by the
        person providing the eligible benefit, the following provisions have
        effect:

   (c)  the provision of the eligible benefit during each billing period shall
        be taken to constitute a separate benefit;

   (d)  each such separate residual benefit shall be deemed to have been
        provided at the time at which the payment in respect of the
        billing period concerned is due and payable, and not otherwise.