Commonwealth Numbered Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 No. 39 of 1986 - SECT 9

9. (1) Subject to this Subdivision, where one or more car fringe benefits in
relation to an employer in relation to a year of tax relate to a particular
car held by a particular person (in this section referred to as the

"provider"), the taxable value of that fringe benefit, or the aggregate of the
taxable values of those fringe benefits, as the case may be, in relation to
that year of tax, is the amount calculated in accordance with the formula
ABC
--- - E, where-
D
A is the base value of the car;
B is the statutory fraction;
C is the number of days during that year of tax on which the car fringe
benefits were provided by the provider;
D is the number of days in that year of tax; and
E is the amount (if any) of the recipient's payment.

(2) For the purposes of this section-

   (a)  the base value of the car is the sum of-

        (i)    where, at the earliest holding time, the car was owned by the
               provider or an associate of the provider, the amount calculated
               in accordance with the formula AB, where-
A is the cost price of the car to the provider or associate, as the case may
be; and
B is-

                (A)  in a case where the commencement of the year of tax is
                     later than the fourth anniversary of the earliest holding
                     time-2/3; or

                (B)  in any other case-1;

        (ii)   in a case to which sub-paragraph (i) does not apply-the amount
               calculated in accordance with the formula AB, where-
A is the leased car value of the car at the earliest holding time; and
B is-

                (A)  in a case where the commencement of the year of tax is
                     later than the fourth anniversary of the earliest holding
                     time-2/3; or

                (B)  in any other case-1; and

        (iii)  the cost price of each non-business accessory that-

                (A)  was fitted to the car after the earliest holding time and
                     before the end of the year of tax; and

                (B)  remained fitted to the car at a time during the
                     year of tax when the car was held by the provider;

   (b)  the earliest holding time, in relation to a car held by the provider
        at
a particular time (in this paragraph referred to as the "current time"), is
the earliest time before the current time when the car was held by the
provider or an associate of the provider;

   (c)  the statutory fraction is-

        (i)    in the case of the transitional year of tax-

                (A)  where the annualised number of whole kilometres travelled
                     by the car during the year of tax was more than
                     30,000-0.045;

                (B)  where the annualised number of whole kilometres travelled
                     by the car during the year of tax was not less than
                     18,750 and not more than 30,000-0.075;

                (C)  where the annualised number of whole kilometres travelled
                     by the car during the year of tax was not less than
                     11,250 and not more than 18,749-0.135; or

                (D)  in any other case-0.18; and

        (ii)   in relation to a standard year of tax-

                (A)  where the annualised number of whole kilometres travelled
                     by the car during the year of tax was more than
                     40,000-0.06;

                (B)  where the annualised number of whole kilometres travelled
                     by the car during the year of tax was not less than
                     25,000 and not more than 40,000-0.1;

                (C)  where the annualised number of whole kilometres travelled
                     by the car during the year of tax was not less than
                     15,000 and not more than 24,999-0.18; or

                (D)  in any other case-0.24;

   (d)  the annualised number of whole kilometres travelled by the car during
        the year of tax is the number calculated in accordance with
AB the formula -- , where-
C
A is the number of whole kilometres travelled by the car during the period in
the year of tax when the car was held by the provider (in this
sub-section referred to as the "holding period");
B is the number of days in the year of tax; and
C is the number of days in the holding period; and

   (e)  the amount of the recipient's payment is the sum of-

        (i)    in a case where expenses were incurred to the provider or
               employer during the holding period by recipients of the
               car fringe benefits by way of consideration for the provision
               of the car fringe benefits-the amount of those expenses paid by
               the recipients less any amount paid or payable to the
               recipients by way of reimbursement of those expenses; and

        (ii)   in a case where-

                (A)  car expenses in respect of the car were incurred during
                     the holding period by recipients of the
                     car fringe benefits; and

                (B)  documentary evidence of those expenses is obtained by the
                     persons incurring the expenses and given to the employer
                     before the declaration date,
the amount of those expenses paid by the recipients less any amount paid or
payable to the recipients by way of reimbursement of those expenses.