Entertainment: Getting it right Accommodation/travel connected with the above Entertainment is a complex and often misunderstood area for Meal Entertainment businesses. The Meal entertainment incorporates the “by way of interaction of tax food or drink” part of the definition. For each deductibility, GST and Fringe Benefits Tax (FBT) leads to a confusing array of different outcomes for transaction the following can assist in determining whether the food/drink is meal entertainment: Factors More Likely Less Likely appear the same or very similar. Because of this Why the Social situation Refreshment it is an area that needs to be treated cautiously. food/drink or is being sustenance situations that ostensibly What is entertainment? provided Section 32-10 of the Income Tax Assessment Act 1997 defines entertainment as follows: What type Entertainment by way of food, drink or food/drink recreation or is being Accommodation or travel to do with providing provided entertainment by way of food, drink or When the Outside of work Work time recreation. food/drink time (or Entertainment takes on its ordinary meaning which includes "something affording diversion or amusement". It excludes the provision of items such as bottles of wine, groceries, TV/DVD players, computers and Coles Myer gift cards. Lunches/dinners Light meals/snacks of is being overtime)/ provided overnight travel Where the Not on business On business food/drink premises premises is being It should also be noted that, from the above provided definition there are two types of entertainment: 1. Recreation Some common examples of meal entertainment 2. Meal Entertainment are: Breakfast, lunch or dinner at a restaurant even if business issues/transactions are discussed Recreation This category of entertainment is inclusive of Friday night drinks at the office (including the consumption of chips, finger food, etc) everything but entertainment by way of food or drink. This includes any form of amusement, sport or leisure-time pursuit. Therefore, examples of this would include: Theatre/sporting tickets/golf or tennis memberships Provision of “Red Balloon” type gift cards (e.g. skydiving, V8 racing, etc) Food and drink consumed at a social function on or off business premises (i.e. Christmas party) Food and drink consumed at an awards night on or off business premises Venue hire and entertainers for a social function CHARTERED ACCOUNTANTS 20 Albert Street / PO Box 256 Blackburn Victoria 3130 T: 03 9894 2500 F: 03 9894 1622 contact@youraccountant.com.au Published March 2014 www.youraccountant.com.au Some common examples that are not meal be deductible and GST input tax credits can be entertainment are: Tea/coffee, biscuits, soft drink for on-going consumption on business premises claimed. However, if it is not subject to FBT it will Light refreshments (e.g. pastries, sandwiches, juice, etc) consumed during a work meeting or training session on business premises Birthday cake consumed on business premises not be deductible and no GST input tax credits will be claimable. This can be particularly tricky for not-for-profit organisations (such as charities and churches) as special rules apply to entertainment for income tax exempt organisations. Light meals consumed on business premises while working overtime Keeping Records of Entertainment Food or drink consumed during overnight travel is crucial to maintain accurate records. One of the Light meal and drink consumed at a cafe by an employee during a meal break on a work day Treatment of entertainment Given the complex treatment of entertainment it best ways is to ensure that transactions are accurately coded in your general ledger so that you are easily able to identify different types of entertainment such as: Meal entertainment – subject to FBT Once you have determined that it is a transaction, Meal entertainment – not subject to FBT you then have to determine its treatment for Recreation Entertainment – subject to FBT income tax, FBT and GST purposes. The correct process is to first consider the FBT Recreation Entertainment – not subject to FBT consequences which will then lead to determining This will allow you to have default GST codes the treatment of the transaction for income tax applicable to each account and to quickly and GST purposes. determine the tax deductibility of transactions. Fringe Benefits Tax Further information Once you have identified that a transaction is entertainment, it will generally be subject to FBT unless an exemption applies. For meal entertainment, one of the following exemptions would have to apply: The property benefit exemption The $300 minor benefit exemption The section 58Z exemption for certain taxi travel If meal entertainment is subject to FBT, you then As is apparent from the brief explanation above, this is an extremely complex area. We recommend contacting us for assistance with specific entertainment queries. For further information and/or assistance please contact your Saward Dawson advisor or any of the following people at our office on 9894 2500, or via email: Murray Nicholls murray.nicholls@youraccountant.com.au Daniel Turcato daniel.turcato@sawarddawson.com.au have to determine which method you will choose to adopt to value the benefits provided during the Liability limited by a scheme approved under Professional fringe benefits tax year. There are two methods Standards Legislation available: The 50/50 split method Disclaimer: This publication has been prepared on the basis The actual method of information available at the date of preparation. The information is general in nature and is not to be taken as a The choice of method will impact on the income substitute for specific professional advice. We recommend tax and GST implications of the meal that our advice be sought on specific issues prior to acting entertainment transaction but broadly speaking if any type of entertainment is subject to FBT it will on transactions affected. We acknowledge that the above information has been prepared using the National Tax & Accountants’ Association Ltd FBT 2014 Seminar Notes. FocusOn Entertainment: Getting it Right