Articles

Question: In relation to s. 58P exemption (minor benefit), can you please clarify when a Council can utilise this? Currently, the minor benefits exemption for tax exempt body entertainment benefits is utilised. However, the minor benefits exemption is only used on a limited basis for other benefits. Answer: Section 58P of the FBTAA exempts certain […]

Question: For each of the following scenarios, can you please advise if FBT would be attracted: A Council pays for electronic portable devices and provides to employees for use at home. Can the exemption of 58X FBTAA be used and can this be extended to include warranties? If, for example, the electronic portable devices cost […]

Question: In relation to Car Fringe Benefits where the taxable value is calculated under Section 10 of the Fringe Benefits Tax Assessment Act 1986 – Operating Cost Method, are insurance excesses payable by the insured to the insurer or smash repairer included in the car expenses calculation? Answer: In general terms, for FBT purposes the […]

Question: We would like to know that staff can salary sacrifice the payment that they pay for skin checks? Answer: Staff can salary sacrifice any expense item which they incur, provided the employer agrees to it and the benefit is sacrificed from prospective salary (i.e. salary yet to be earned). The real issue here is […]

Further to our articles Payroll – Single Touch Payroll and Payroll – the Advent of Single Touch Payroll in the May and November 2016 newsletters, as 2017 gets underway, it is timely to consider what may be necessary to prepare for the commencement of the Single Touch Payroll (STP) on 1 July 2017. The legislative […]

As part of a salary sacrifice arrangement an employee will often enter into a novated lease arrangement with their employee for the provision of a car. Under the terms of the novation the lease obligations are transferred to the employer for either the term of the lease, or the period for which the employee is […]

In our November 2016 Tax Update we discussed the difficulties caused for GST compliance where consideration is provided in non-monetary form. The difficulties led the ATO to issue Practical Compliance Guideline PCG 2016/18 GST and countertrade transactions. PCG 2016/18 is intended to relieve taxpayers from strict GST compliance for certain transactions where consideration is provided […]

A recent case, Snowy Monaro Regional Council v Chief Commissioner of State Revenue [2017] NSWCATAD 14, a decision of the New South Wales Civil and Administrative Tribunal, is a reminder for local councils to ensure all activities for which they pay wages are eligible for payroll tax exemption. The general design of State payroll tax […]

A recent case UNSW Global Pty Ltd v Chief Commissioner of State Revenue [2016] NSWSC 1852 examined what type of transactions are intended to be covered by the employment agency rules found in the NSW Payroll Tax Act 2007 . In the particular, UNSW Global procured persons to: act as expert witnesses in matters (such […]

A recent case, Victorian Farmers Federation v Commissioner of State Revenue [2017] VCAT 19 (the VFF) saw the membership based Federation fail in its attempt to be recognised as charity for payroll tax purposes. The VFF’s objects included: to advance, promote and protect the interest of Members, the interest of Agricultural industries in which members […]