Appendix 5 - Government review of FBT compliance costs
General  
The legislative
changes required for the measures set out in this attachment will be amendments
to the Fringe Benefits Tax Assessment Act 1986 (FBTAA) 
After Hours
Taxis
Current position
FBT applies w here
an employee pays for an employer's trave1 between home and work, including taxi
travel.  An exception is where the taxi travel is provided on an unexpected and
infrequent basis, for instance, because the employee is ill.
Change to FBT
treatment 
An FBT exemption
will be made available to all employer-provided taxi travel directly between home and work where
the employee arrives at or leaves work before 6 am or arrives or leaves  work after 8 p.m., or is sent home sick.  The exemption would apply whether the taxi
travel covered all of part of a direct
journey between home or work.
Car Parking
Current
Position 
Under the FBTAA
a car parking fringe benefit may arise where, amongst other things, car parking
is provided by an employer
to employers and that parking is located within 1 kilometre of a commercial
parking station.
Change to
reduce compliance costs 
No benefit will
now arise unless a commercial parking station within a 1 kilometre radius of
the employer's car parking facilities charges more than $5 for all day
parking.  The valuation of the car parking benefit will remain unchanged from
the current arrangements, that is, the employer can base the valuation on the
lowest cost commercial car park within 1 kilometre (including any commercial
car parking within 1 kilometre that charges $5 or less).
Comparable changes
will also be made to the provisions under which car parking for self employed
persons is non-deductible under circumstances that would make it subject to FBT
if it was employee car parking
Current
Position                                            
The FBTAA
currently provides for a car parking fringe benefit to be valued by reference
to the, lowest fee charged by a commercial  parking station operator within a 1
kilometre radius of the employer's car parking facilities on a particular day.
Change to
reduce compliance costs
To avoid the
necessity for employers to constantly monitor changes in car parking fees an
alternative method of valuation will be made available.  This method will allow
the value of car parking to be determined by reference to an average value and
will operate as follows:
  - The valuation of car parking fringe
        benefits provided by an employer over the FBT year win be based on the average
        of the lowest fee charged by the operator of a commercial parking station
        located within a 1 kilometre radius of the employer's car parking facilities on
        the first day of the FBT year and the first day of the next FBT year.
- Where there is more than one
        commercial parking station within a 1 kilometre radius of the employer's
        premises, the lowest fee charged by any operator of a commercial parking
        station will be acceptable.
- The fees that are used
        for the valuation must be representative of the fees charged during the period
        between the two dates.
Current
Position
The Commissioner
of Taxation issued Taxation Ruling TR 93/18 which sets out several methods
available to an employer to determine the number of car parking benefits
provided to employees during the FBT year of tax.
Change to
reduce compliance costs
In determining how
many car parking benefits are provided in an FBT year, an employer will be able
to choose one of three methods of calculation.  These methods are based on
record-keeping over a full year, 12 weeks of record keeping, or a statutory
formula:
  - Where an employer
        makes no election, the employer must determine the number of car parking
        benefits using actual records kept over the full year,
- Where an employer
        elects to use, the 12 week register method, a register is to be maintained by
        the employer for a continuous 12 week
        representative period in a FBT year of tax in order to determine the number of car parking fringe
        benefits provided during that period.  The number of benefits provided during that period can then
        be used to determine the total yearly number of benefits provided in the FBT year of tax.  This
        number of benefits can be used in later years until the number of car parking spaces (or the number
        of employees allowed to park if this is less) increases by more than 10 per cent.   In any
        case, a new 12 week register would be required every five years.
- Where an employer
        elects to use the statutory formula method, the number of car parking benefits
        provided will be calculated by multiplying the number of spaces available to
        employees (or the number of employees allowed to park, if this is less) by a
        statutory number of days per year.   The statutory number of days will be set
        at 240.
Entertainment provided by way of food and drink to
employees and non-employees
Current Position
From 1
 April 1994 employers are
generally liable for FBT on entertainment provided to employees and their
associates and entitled to an income tax deduction for the cost of providing
that entertainment.  Employers are required to keep records of entertainment
expenditure to, amongst other things, determine any apportionment between
employees and non-employees.  The Commissioner of Taxation has issued a
Taxation Determination which provides that where an employee entertains
non-employees the cost of the employee' s meal can be determined on a 'per
head' basis rather than an exact expense basis.
Change to reduce compliance costs
In order to reduce compliance costs:
  - In determining what
    proportion of entertainment is provided by way of food or drink to employees
    and non-employees, an employer will be able to choose one of three methods of
    calculation.
- These
    methods are an employee/non--employee break-up over the full year based on
    actual expenditure; an employee/non-employee ratio based on 12 weeks of record
    keeping; or a predetermined employee/non-employee ratio of 50150:
    
      - Re employer may
        determine the employee/non-employee proportion of entertainment by way of food
        or drink (meal entertainment) using actual records of expenditure kept over the
        full yew (the per head basis currently available will remain).
- Where an employer
        elects to use the 12 week register method, a register is to be maintained by the employer for a continuous
        12 week representative period in a FBT year of tax in order to determine the
        employee/non-employee ratio of meal entertainment. That employee/non-.employee
        ratio can be applied to the total yearly expenditure on meal entertainment. 
        That ratio can continue to be used in later years until the total yearly
        expenditure on meal entertainment varies by more than 20 per cent from the
        first year in which the register is kept.  In any case, a new 12 week register
        would be required every five years.
- Where an employer
        elects to use the 50/50 split method, the total yearly expenditure on meal entertainment must be
        apportioned 50/50 between employees (and associates) and non-employees, with 50 per
        cent subject to FBT and deductible and 50 per cent non deductible and not subject to
        FBT.  'Re total yearly expenditure includes all expenditure on meal entertainment
        regardless of whether the expenditure is subject to Fringe Benefits Tax (FBT), is non-deductible
        for Income Tax purposes, or is an allowable income Tax deduction.
 
Corporate boxes
Current Position
An employer is required to keep records of
entertainment provided to employees/non-employees in corporate boxes or other
similar hospitality arrangements.  This is necessary so the portion of hiring
or leasing costs that relates to the entertainment of employees can be
determined.
The term "business premises" is defined for
FBT purposes in such a way that a corporate box could, in some limited
circumstances, be business premises of the employer.  In such casts, any food
and drink provided to employees (and their associates) in the corporate box
would be exempt from FBT.
Change to reduce compliance costs
The changes are:
  - An option will be
    provided in relation to the hire or leasing costs of corporate boxes and other
    similar hospitality arrangements, so that a 50/50 split between employees and
    non-employees will be accepted for the purpose of determining what proportion
    is subject to FBT.
- The
    definition of "business premises" for FBT purposes will be
    clarified to ensure that corporate boxes and other similar hospitality
    arrangements are not treated as "business premises".  Thus, food and
    drink provided to employees in corporate boxes will continue to be subject to
    FBT.
Declarations
Current Position
Generally, an employer cannot reduce an FBT liability
for an employee's business usage of a benefit unless the employer obtains a
declaration from the employee which states the split between business and
private use.  A declaration must be provided every time a benefit is provided.
Change to reduce compliance costs
The following measures will substantially reduce the
number of declarations required:
  - Where a series of
    identical benefits is provided, a declaration need only be provided by the
    employee for the first benefit provided.  Where there is a change in the
    business use by the employee for that type of benefit of more than 10 per cent
    a further declaration will be required.  In any case, where the benefit is
    still being received, a further declaration will be required five years after
    the last declaration.  This measure will apply to declarations where the
    business/private proportion of the benefit is the only matter required to be
    shown on the declaration (some declarations require more than the
    business/private proportion of the benefit to be shown on the declaration, eg.
    declarations for car benefits require details about the period of use of the
    car and whether log books were kept).
- Where an employer has
    a defined policy of only reimbursing business expenses, or where the employer
    has in place procedures that effectively prevent private usage of a benefit,
    the employer can replace the employee declarations with an annual declaration
    that no private benefit was provided.
- As a further
    measure, certain items will no longer be subject to FBT.  These benefits are:
    
      - laptop and other portable
        computers
- protective clothing
        (required for employment)
- briefcases
- calculators
- tools of
        trade
- subscriptions to trade
        and professional journals 
- airport lounge
        memberships 
- business related software
- electronic diaries and similar
        items
- corporate credit card membership fees
 
- Car phones and mobile
    phones will not be subject to FBT where private use is only minor or incidental to the primary business use.
Period for Keeping Records
Current Position
An employer is required to keep FBT records for a
minimum period of 7 years.
Change to reduce compliance costs
To bring FBT record keeping requirements into line
with Income Tax record keeping requirements.
employers will be required to keep FBT records for a
minimum of 5 years.
Living-away-from-home Allowances (LAFHA)
Current Position
A LAFHA is an allowance paid by an employer to an
employee to compensate for additional expenses incurred or other disadvantages
suffered for living away from his or her 'usual place of residence'.  The
taxable value of the benefit provided is reduced by any reasonable amounts paid
in compensation for accommodation and for increased expenditure on food.
The Commissioner has issued guidelines as to when an
employee is taken to be living away from his
or her usual place of residence.  These guidelines
have been difficult for employers to apply in practice.
Change to reduce compliance costs
Under the new arrangements, an allowance will only be
a LAFHA subject to FBT where:
  - the allowance is paid
    by the employer to the employee to compensate the employee for expenditure on
    food, drink, accommodation and other disadvantages which the employee may incur
    while living away from his or her usual place of residence., and
- the employer provides a declaration that it is
    intended that the employee will be employed in the new location for a set period of time
    (supported by appropriate documentation).  With respect to appropriate employer
    documentation, the following documentation will be accepted:
    
      - an employment contract where the length of the contract does not exceed
        12 months; or
- where the employee is not employed
        under a contract, a written agreement between the employer and the employee that
        the employee will be away from their usual place of residence for a period not
        exceeding 12 months', or
- documentation that it is
        the usual practice for a class of employees of the employer to be employed away from
        their usual place of residence for a period not exceeding 12 months.
 
- the
    employee provides a declaration to his or her employer stating that he or she
    is living away from his or her usual place of residence; and
- the employee is
    living away from his or her usual place of residence.  An employee will be
    taken as living away from his or her usual place of residence where the
    employee is away from his or her usual place of residence for a period which
    does not exceed 12 months.
If the employee is
in Australia on a temporary work visa, or is an
Australian resident for tax purposes and is working
overseas, the periods mentioned above will be 4 yews.
Where an allowance
is not a LAFHA, it is subject to Income Tax in the employee's hands.
The employer's
liability to FBT on LAFHA benefits can be reduced by the following amounts:
  - The amounts actually
    expended by the employee on accommodation while living away from his or her
    usual place of residence; and
- Reasonable amounts to cover the
    additional cost of food.  The Commissioner has advised that he will issue a
    Taxation Determination setting out what is considered to be a reasonable food
    component for a particular FBT year.  This Determination will generally be
    issued at the beginning of each FBT year
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