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Category assigned to articles which are accessible to the public without membership.

FBT Q&A ‘ Are mayors and councillors employees for FBT purposes?

Question: Could benefits provided to local government Mayors and Councillors be subject to fringe benefits tax? Answer: An employee for FBT purposes is essentially an individual that is entitled to receive salary or wages. The term salary or wages includes payments to employees, directors and office holders that are subject to pay as you go […]

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FBT Q&A ‘ Whether the work of Councillors with home office and hot desk in Council Chambers is itinerant

Question: The following question is asked in the general context of whether car logbooks should treat trips from a councillor’s home to Council as being business in nature. Is Councillor’s work itinerant in the following circumstances: Councillors currently work from a home office and are provided with hot desks to work at the Council Chambers,

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FBT Q&A ‘ Council access to minor benefit exemption (s. 58P)

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

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FBT Q&A ‘ Application of s. 58X (provision of certain work related items) where supplemental warranty purchased

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

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FBT Q&A ‘ Whether an insurance excess is included in a car expense calculation under s. 10

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

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GST ‘ Countertrade Transactions

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

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Eligibility ‘ Local Councils and Payroll Tax Exemption

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

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