BUSINESS SMALL BUSINESS GUIDE NAT 8164-06.2004 SEGMENT AUDIENCE FORMAT PRODUCT ID Fringe benefits tax for small business A guide to the most commonly provided fringe benefits for small business MORE INFORMATION Visit www.ato.gov.au OUR COMMITMENT TO YOU The information in this publication is current at June 2004 and we have made every effort to ensure it is accurate. However, if something in the publication is wrong or misleading and you make a mistake as a result, you will not be charged a penalty. You may have to pay interest, depending on the circumstances of your case. You are protected under GST law if you have acted on any GST information in this publication. If you have relied on GST advice in this Tax Office publication and that advice has later changed, you will not have to pay any extra GST for the period up to the date of this change. Similarly, you will not have to pay any penalties or interest. If you feel this publication does not fully cover your circumstances, please seek help from the Tax Office or a professional tax adviser. Since we regularly revise our publications to take account of any changes to the law, you should make sure this edition is the latest. The easiest way to do this is by checking for a more recent version on our website at www.ato.gov.au © COMMONWEALTH OF AUSTRALIA 2004 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth available from the Department of Communications, Information Technology and the Arts. Requests and enquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Intellectual Property Branch, Department of Communications, Information Technology and the Arts, GPO Box 2154, Canberra ACT 2601 or posted at http://www.dcita.gov.au/cca CONTENTS Quick guide to fringe benefits tax for business iii 01 HOW FRINGE BENEFITS TAX WORKS 01 02 WHAT TO DO IF YOU PROVIDE FRINGE BENEFITS 03 1. Calculate how much FBT you have to pay 04 2. Keep the necessary FBT records 05 3. Register for FBT 05 4. Report fringe benefits on employees’ payment summaries 06 5. Lodge a return and pay FBT to the Tax Office 07 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? 09 Car fringe benefits 10 How to calculate the taxable value of a car fringe benefit 10 How to calculate the taxable value of a benefit provided as a vehicle other than a car 22 Special records you need to keep for car fringe benefits 23 Special records you need to keep for vehicles other than cars 27 04 DO YOU PROVIDE EXPENSE PAYMENT FRINGE BENEFITS? 29 Expense payment fringe benefits 30 How to calculate the taxable value of an expense payment fringe benefit 30 Reducing the taxable value of an expense payment fringe benefit 31 Special records you need to keep for expense payment fringe benefits 32 05 DO YOU PROVIDE ENTERTAINMENT? 33 Benefits arising from providing entertainment 34 Summary 34 How to calculate the taxable value of a meal entertainment fringe benefit 35 Special records you need to keep for meal entertainment fringe benefits 36 06 DO YOU PROVIDE OTHER FRINGE BENEFITS? Other fringe benefits 07 ARE SOME BENEFITS EXEMPT FROM FBT? 37 38 41 Certain work-related items 42 Minor benefits 42 Relocation expenses 43 Definitions More information Index FRINGE BENEFITS TAX FOR SMALL BUSINESS 44 45 46 i ABOUT FRINGE BENEFITS TAX FOR SMALL BUSINESS This guide helps small business employers who provide fringe benefits decide whether they have a fringe benefits tax (FBT) obligation and, if so, how to calculate how much tax they need to pay. The guide: c gives an overview of how FBT works c looks at the fringe benefits most commonly provided by employers and explains how to calculate the FBT payable for these benefits and what records you need to keep, and c gives an overview of the less commonly provided benefits. Although the guide generally refers only to fringe benefits provided to employees by an employer, please note that fringe benefits can also be provided to employees’ associates (such as a family member). Further, fringe benefits can also be provided by an associate of the employer or a third party by arrangement with the employer. Fringe benefits provided by public and non-profit hospitals and other public benevolent institutions are treated differently and are not generally covered in this guide. If you need information about non-profit organisations and FBT, phone 13 28 66. Some technical terms used in this guide may be new to you. They are shown in bold when first used and are explained in the definitions list on page 44. ii FRINGE BENEFITS TAX FOR SMALL BUSINESS QUICK GUIDE TO FRINGE BENEFITS TAX FOR BUSINESS c What is fringe benefits tax? see page 02 IF YOUR BUSINESS PROVIDES FRINGE BENEFITS TO EMPLOYEES YOU NEED TO… c calculate how much FBT you have to pay see page 04 c keep the necessary FBT records see page 05 c register for FBT see page 05 c report fringe benefits on your employees’ payment summaries see page 06 c lodge a return and pay FBT to the Tax Office see page 07 c understand which benefits are exempt from FBT see page 41 IF YOU: c c c c make a car or other vehicle you own or lease available for the private use of an employee, you need to: – calculate the taxable value of car fringe benefits for vehicles that qualify as cars see page 10 – calculate the taxable value of benefits provided as vehicles other than cars (residual fringe benefit) see page 22 – keep special records for car fringe benefits see page 23 – keep special records for vehicles other than cars (residual fringe benefits) see page 27 pay for, or reimburse, an expense incurred by an employee, you need to: – calculate the taxable value of the benefits see page 30 – know how to reduce the taxable value of the benefits see page 31 – keep special records for expense payment fringe benefits see page 32 provide entertainment by way of food, drink or recreation, you need to: – know when you can provide meal entertainment fringe benefits see page 34 – calculate the taxable value of the benefits see page 35 – keep special records for meal entertainment fringe benefits see page 36 provide other benefits, you need to… – understand the other types of benefits FRINGE BENEFITS TAX FOR SMALL BUSINESS see page 37 iii iv FRINGE BENEFITS TAX FOR SMALL BUSINESS HOW FRINGE BENEFITS TAX WORKS FRINGE BENEFITS TAX FOR SMALL BUSINESS 01 01 01 HOW FRINGE BENEFITS TAX WORKS WHAT IS FRINGE BENEFITS TAX? Fringe benefits tax (FBT) is a tax paid on certain benefits employers provide to their employees or their employees’ associates (typically family members). FBT is separate from income tax and is based on the taxable value of the various fringe benefits provided. The FBT year runs from 1 April to 31 March. WHAT IS A FRINGE BENEFIT? Basically, a fringe benefit is a benefit provided to an employee (or their associate) because that person is an employee. Benefits can be provided by an employer, an associate of the employer, or by a third party under an arrangement with the employer. An employee can be a current, future or former employee. You can generally claim an income tax deduction for the cost of providing fringe benefits and for the FBT you pay. REDUCING THE FBT YOU PAY You can reduce the amount of FBT you pay by: c replacing fringe benefits with cash salary c providing benefits that your employees would be entitled to claim as an income tax deduction if they had paid for the benefits themselves c providing benefits that are exempt from FBT, or c using employee contributions. MORE INFORMATION BUSINESS TIP: to decide if a benefit is provided in relation to employment, ask yourself whether you would have provided the benefit if the recipient had not been an employee. Benefits include rights, privileges or services. For example, you provide a fringe benefit when you: c allow an employee to use a work car for private purposes c give an employee a cheap loan, or c pay an employee’s private health insurance costs. Some benefits such as laptop computers (one per employee each FBT year) and mobile phones that are primarily used for work are exempt from FBT. The following are not fringe benefits: c payments of salary or wages c shares acquired under approved employee share acquisition schemes c employer contributions to complying superannuation funds c eligible termination payments (for example, a company car given or sold to an employee on termination), or c certain benefits provided by religious institutions to their religious practitioners. c FBT AND SALARY SACRIFICE A salary sacrifice arrangement is an arrangement between the employer and the employee, where the employee agrees to forgo part of their future entitlement (such as salary or wages) in return for the employer providing benefits of a similar cost to the employer. The employee is likely to place greater value on the benefit than its cost to the employer. Under an effective salary sacrifice arrangement: c the employee pays income tax on the reduced salary or wages c the employer may be liable to pay FBT on the fringe benefits provided, and c if the salary sacrifice arrangement involves receiving superannuation contributions in lieu of forgone benefits, these contributions are classified as employer superannuation contributions (rather than employee contributions) and are taxed in the superannuation fund. An effective salary sacrifice arrangement is an arrangement between the employer and the employee detailing the amount of income to be sacrificed, and must be entered into before the employee becomes entitled to be paid. WHO PAYS FBT? As an employer, you have to pay FBT, even if the benefit is provided by an associate or by a third party under an arrangement with you. For example, you may deal with a supplier who, in turn, provides free goods to your employees. It makes no difference whether you are a sole trader, partnership, trust, corporation, unincorporated association or government body, or whether you have to pay other taxes such as income tax. 02 How can I reduce my fringe benefits tax liability? (NAT 3476) MORE INFORMATION c c Fringe benefits tax and salary sacrifice arrangements (NAT 7424) Taxation Ruling 2001/10: Income tax: fringe benefits tax and superannuation guarantee: salary sacrifice arrangements FRINGE BENEFITS TAX FOR SMALL BUSINESS WHAT TO DO IF YOU PROVIDE FRINGE BENEFITS 1 Calculate how much FBT you have to pay 4 As an employer, you must self-assess and calculate how much FBT you must pay each FBT year. For the steps you need to take, see page 04. 2 Keep the necessary FBT records The FBT law requires you to keep certain records relating to the fringe benefits you provide, see page 05. The specific records required vary from one type of fringe benefit to another and are explained later in this guide. 3 02 Report fringe benefits on employees’ payment summaries You have to report certain fringe benefits on employees’ payment summaries, see page 06. 5 Lodge a return and pay FBT to the Tax Office You have to lodge a return and pay FBT to the Tax Office. For details of when and how you lodge and pay, see page 07. Register for FBT We recommend that you register once you have established that you have to pay FBT, see page 05. FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 02 WHAT TO DO IF YOU PROVIDE FRINGE BENEFITS 1. CALCULATE HOW MUCH FBT YOU HAVE TO PAY The Tax Office does not usually notify you of how much FBT you have to pay. Rather, you self-assess your FBT payable when you lodge your FBT return. Step 4. Then calculate the total taxable value of all those benefits you provide that you can’t claim a GST credit for (for example, the supply to you was either GST-free or input taxed). If you realise after lodging your return that there is a mistake in it, write as soon as possible to: Australian Taxation Office PO Box 9831 Townsville QLD 4810 The Commissioner of Taxation may amend your FBT assessment if: c you wrongly value or don’t disclose benefits, or c you request an amendment to your FBT payable (for example, because you discover you’ve overpaid or underpaid FBT). Step 5. Take the total taxable value of all the fringe benefits you can claim a GST credit for (from step 3) and multiply it by 2.1292. This ‘grosses up’ the taxable value of the benefits. If you request an amendment you must: c explain why you are making the amendment and provide sufficient information about the changes to the taxable value of the benefits affected c sign the request, and c make the amendment within three years of lodging your FBT return. You may find the following steps useful in calculating how much FBT you have to pay. Step 1. Determine what type of fringe benefits you provide. Box 1 on this page contains a list of the different types of fringe benefits identified by the FBT law, and they are described later in this guide. Grossing up means increasing the taxable value of benefits you provide to reflect the gross salary employees would have to earn at the highest marginal tax rate (including Medicare levy) to buy the benefits after paying tax. Step 6. Take the total taxable value of all the fringe benefits you can’t claim a GST credit for (from step 4) and multiply it by 1.9417. This gives you a grossed-up taxable amount. Step 7. Add the grossed-up amounts from steps 5 and 6. This is your total fringe benefits taxable amount. Step 8. Finally, multiply the total fringe benefits taxable amount (from step 7) by the FBT rate to get your FBT payable. The current FBT rate is 48.5%, but this can change from time to time. If you are registered for FBT, the Tax Office will notify you if the rate changes. When calculating your FBT payable, remember to include any excluded benefits, that is, those benefits you don’t have to report on employees’ payment summaries. Step 2. Calculate the taxable value of each fringe benefit you provide to each employee (including those benefits you don’t have to report on payment summaries). The rules for calculating the taxable value of a fringe benefit vary according to the type of benefit. Later sections of this guide explain how to calculate the taxable value for the most commonly provided fringe benefits. 1 Car fringe benefits 2 Loan fringe benefits Step 3. Calculate the total taxable value of all the fringe benefits you provide that you can claim a GST credit for (this will be only for fringe benefits provided since 1 July 2000). 3 Debt waiver fringe benefits 4 Expense payment fringe benefits 5 Housing fringe benefits 6 Board (meal) fringe benefits 7 Airline transport fringe benefits 8 Living away from home allowance fringe benefits 9 Entertainment provided by a tax-exempt organisation In this guide we use the term ‘GST credits’ to describe the term ‘input tax credits’. MORE INFORMATION c c c 04 Goods and Services Tax Ruling GSTR 2001/3 – Goods and services tax: GST and how it applies to supplies of fringe benefits Goods and Services Tax Ruling GSTR 2001/3 – Addendum Fringe benefits tax reform – the interaction between FBT and GST (NAT 3516) Box 1: Types of fringe benefits 10 Meal entertainment fringe benefits 11 Car parking fringe benefits 12 Property fringe benefits 13 Residual fringe benefits FRINGE BENEFITS TAX FOR SMALL BUSINESS 02 WHAT TO DO IF YOU PROVIDE FRINGE BENEFITS 2. KEEP THE NECESSARY FBT RECORDS 3. REGISTER FOR FBT Under tax law, you must keep sufficient records to enable your FBT liability to be assessed. You must keep your records in writing in English. If your records are not in a written form (for example, you keep electronic computer records), they must be in a form that is readily accessible and easily convertible into English. Generally, you must keep your records for at least five years. We recommend you register once you have established that you have to pay FBT. You must also keep specific records if you want to take advantage of various exemptions or concessions to reduce the FBT you need to pay. These include all documents you are required to obtain from employees, such as declarations, original invoices and/or receipts, travel diaries, copies of logbooks and odometer records. Invoices and receipts should show the date of the receipt or invoice, the date of the expense, the name of the supplier, what was bought and the amount paid. Once you are registered, we will send you additional information to help you lodge your return. We will also notify you if there is a change to any of the rates you need to calculate the FBT you have to pay. To register for FBT you complete an Application for registration – fringe benefits tax (NAT 1055) and send it to the Tax Office. The application is available on our website at www.ato.gov.au or by phoning 13 28 66. Your FBT number is the same as your tax file number. Generally, you must make any elections and declarations, and obtain any employee declarations, before the due date for lodging your FBT return or, if you are not required to lodge a return, by 21 May. You don’t have to notify the Tax Office of elections or declarations but you need to keep a record of them. Later sections of this guide explain what special records you need to keep for the most commonly provided fringe benefits. Since 9 April 1999 certain employers have been able to use an alternative way of calculating how much FBT they have to pay, rather than keep full FBT records. You will find more information about these record keeping exemption arrangements in Fringe benefits tax: A guide for employers (NAT 1054). FRINGE BENEFITS TAX FOR SMALL BUSINESS 05 02 WHAT TO DO IF YOU PROVIDE FRINGE BENEFITS 4. REPORT FRINGE BENEFITS ON EMPLOYEES’ PAYMENT SUMMARIES REPORTABLE BENEFITS EXCLUDED BENEFITS From 1 April 1999, if you provide fringe benefits with a total taxable value of more than $1,000 to an employee in an FBT year, you must report the grossed-up taxable value of the fringe benefits on the employee’s payment summary for the corresponding income year (1 July to 30 June). These are called reportable fringe benefits. There are certain benefits you don’t have to report on employees’ payment summaries. They are called excluded benefits and include: c entertainment provided as food and drink, and benefits associated with that entertainment, such as travel and accommodation c car parking fringe benefits, apart from eligible car parking expense payments c costs of hiring or leasing entertainment facilities such as corporate boxes c costs of occasional travel to a major Australian population centre by employees and their families living in a remote area, and c freight costs for food provided to employees living in a remote area. You must allocate benefits to the relevant employee and include any fringe benefits provided to associates of the employee. If employees share a benefit, you have to allocate the respective share of the benefit to individual employees. The total value of all benefits provided to a particular employee in an FBT year is known as their individual fringe benefits amount. The grossed-up amount you show on the payment summary is: Total taxable value x gross-up rate income To gross up amounts on an employee’s payment summary you use the gross-up rate of 1.9417. For example, if you provide benefits with a total taxable value of $1,500 to an employee during the FBT year 1 April 2004 to 31 March 2005, you would show the grossed-up taxable value of $2,912 ($1,500 x 1.9417) on their payment summary for the year ended 30 June 2005. MORE INFORMATION c Reportable fringe benefits – Facts for employees (NAT 2836) MORE INFORMATION c Fringe benefits tax: A guide for employers (NAT 1054) Even though you don’t have to report excluded benefits on payment summaries, the benefits are still subject to FBT and you must take them into account when calculating how much FBT you have to pay. Don’t forget to issue a payment summary to everyone you provide reportable fringe benefits to, even if you don’t pay them any salary or wages. For example, if you provide a caretaker of a block of flats with free accommodation instead of a salary, you have to give them a payment summary if the value of the fringe benefit is more than $1,000. 06 FRINGE BENEFITS TAX FOR SMALL BUSINESS 02 WHAT TO DO IF YOU PROVIDE FRINGE BENEFITS 5. LODGE A RETURN AND PAY FBT TO THE TAX OFFICE If you have not previously paid FBT or if the amount of FBT you had to pay in the previous year was less than the instalment threshold (currently $3,000), you are required to pay the tax once a year when you lodge your annual FBT return. ACTIVITY STATEMENTS If you had to pay FBT of $3,000 or more in the previous year, you must pay the tax quarterly with your activity statement. This is the case even if you estimate you will pay less than $3,000 FBT in the current year. The instalment amount is a quarter of the FBT you had to pay for the previous year. For example, if you had to pay $20,000 FBT for the year 1 April 2004 to 31 March 2005, your quarterly instalments for the following year would be $5,000 each. ANNUAL RETURN You must lodge your FBT annual return with the Tax Office by 21 May each year if you have calculated that you have an FBT liability. If you don’t need to lodge an FBT return for the year ending 31 March, complete a Notice of non-lodgment (Nat 3094) and send it to: Australian Taxation Office PO Box 9831 Townsville QLD 4810 You show on your annual return: c the amount of FBT you have to pay, and c other brief details, such as the different categories of fringe benefit you provided, the total taxable value of each category, and the total employee contributions for some categories. If you have to pay your FBT liability in quarterly instalments, the Tax Office will send you an activity statement with your instalment amount pre-printed on it. If your instalments are not enough to cover your annual FBT payable, you pay the difference when you lodge your annual return. If your instalments are more than your annual liability and you have no other taxes outstanding, the Tax Office will refund you the difference. If you estimate that your FBT payable will be less than for the previous year, you may vary your quarterly instalments on your activity statement. However, you may vary an FBT instalment only if you lodge your activity statement by the due date. Be careful when varying your instalment amount as you may incur a general interest charge if you underpay your FBT liability for the year. MORE INFORMATION c Activity statement instructions FBT (NAT 7389) Mail your completed, signed return to the address shown on the form or take it to any tax office. You can also lodge your FBT return over the internet. PENALTIES Requests for deferral of time to lodge There are penalties for lodging incorrect returns and failing to lodge returns or activity statements on time. If you need additional time to lodge your return, write to: Australian Taxation Office PO Box 9820 Dandenong VIC 3175 Deferrals will be granted only where there are extenuating circumstances. The Tax Office imposes a general interest charge on all outstanding amounts of FBT, including instalments of FBT. If you have varied an FBT instalment on an activity statement, you may also be liable for a general interest charge if you underestimated the instalment amount. In addition, there are substantial penalties for underpayments of tax arising from false and misleading statements. BUSINESS TIP: make sure you’re registered for FBT so that the Tax Office can send you an annual FBT return and the FBT return guide (NAT 2376), which contains instructions on how to complete your FBT annual return. FRINGE BENEFITS TAX FOR SMALL BUSINESS 07 08 FRINGE BENEFITS TAX FOR SMALL BUSINESS DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? If you provide a car or other vehicle as a fringe benefit you must: ■ calculate the taxable value of the car fringe benefit – using the statutory formula method, see page 10 or – using the operating cost method, see page 16 ■ calculate the taxable value of a residual fringe benefit provided as a vehicle other than a car – using the operating cost method, see page 22 or – using the cents-per-kilometre method, see page 22 ■ keep special records for car fringe benefits – employee contribution records, see page 23 – percentage of business use records see page 24 ■ keep special records for vehicles other than cars, see page 27 FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 09 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? CAR FRINGE BENEFITS Box 2: What is a car? For FBT purposes, a ‘car’ is: c a sedan, station wagon, panel van or utility (including fourwheel drive vehicles) c any other goods-carrying vehicle with a carrying capacity of less than one tonne, or c any other passenger-carrying vehicle designed to carry fewer than nine passengers. You may provide a car fringe benefit if you make a car you own or lease available for the private use of an employee. A car is taken to be made available for private use by an employee on any day when: c it is actually used for private purposes by the employee or associate, or c the car is available for the private use of the employee or associate. If a car is garaged at or near an employee’s home, it is taken to be available for the employee’s private use, regardless of whether or not the employee has permission to use the car privately. As a general rule, travel to and from work is private use of a vehicle. EXEMPT CAR FRINGE BENEFITS There are circumstances in which private use of a car may be exempt from FBT. An employee’s private use of a taxi, panel van, utility or other commercial vehicle (that is, one not designed principally to carry passengers) is exempt if the employee’s private use of such a vehicle is limited to: c travel between home and work c travel that is incidental to travel in the course of duties of employment, and c non-work-related use that is minor, infrequent and irregular (for example, occasional use of the vehicle to remove domestic rubbish). 10 HOW TO CALCULATE THE TAXABLE VALUE OF A CAR FRINGE BENEFIT To calculate a car fringe benefit you first must calculate the taxable value of the benefit. You can do this using either: c the statutory formula method (based on the car’s cost price), or c the operating cost method (based on the costs of operating the car). Both methods assume the vehicle is provided on a fully maintained basis, including fuel. If you want to use the operating cost method, you have to decide to do so by 21 May. You can use this method for any of your cars, regardless of which method you used in previous years. BUSINESS TIP: work out which method gives you the lower taxable value and use that to calculate your FBT payable. CALCULATING THE TAXABLE VALUE OF A CAR FRINGE BENEFIT USING THE STATUTORY FORMULA METHOD Under this method, the taxable value of the car fringe benefit is a percentage of the car’s cost price, and is calculated using the following formula: (A x B x C ) – E D Where: A = the base value of the car B = the statutory percentage C = the number of days in the FBT year when the car was used or available for private use of employees D = the number of days in the FBT year E = the employee contribution The greater the total distance the car travels (business and private), the lower the taxable value. Base value, statutory percentage and employee contribution are explained below. Base value of a car The base value of a car that is purchased includes: c the original purchase price you paid (excluding registration and stamp duty) c the cost of any fitted accessories not required for business use of the car (for example, a car stereo), and c dealer delivery charges. All costs and charges include GST, and luxury car tax where appropriate. Any non-business accessories added after the car is purchased increase the base value of the car for the year in which they are added and for subsequent years. An example of a non-business accessory is a car stereo or air conditioner, while an example of a business accessory is a two-way radio in a salesman’s car. FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? The base value of a car that is leased includes: c the cost price to the lessor (including GST but excluding registration and stamp duty) c the cost of any fitted accessories not required for business use of the car (for example, a car stereo), and c dealer delivery charges. If you own or lease a car for only part of an FBT year, use the following formula to work out how many kilometres the car would have travelled if you had owned or leased it for the whole year: AxC B Where: A = the number of kilometres travelled in the period during the year when you owned or leased the car B = the number of days in that period C = the number of days in the FBT year For example, where you acquire a car halfway through the year, and it travels 12,000 kilometres, the annual distance would be 24,000 kilometres (that is, 12,000/183 x 365). Sales tax and customs duty exemptions for cars purchased before 1 July 2000 Where the purchaser, lessor or lessee of the vehicles obtained sales tax or customs duty exemptions for cars purchased before 1 July 2000, the base value is the amount you would reasonably have expected to pay if those concessions were not available. Employee contribution Ask the supplier of the car for the amount of the exemption, or calculate the sales tax component using Taxation Determination TD 96/34, which is available on our website at www.ato.gov.au c c c c c c An employee contribution may be an amount paid directly to you by an employee for use of the car or a contribution for some of the car’s operating costs, such as fuel. When calculating the base value for each car: check that you have included non-business accessories, GST, dealer delivery charges and sales tax or customs duty where applicable exclude registration and stamp duty make sure the vehicle has been owned or leased for more than the minimum required period before reducing the base value by one-third ascertain the number of kilometres travelled by the car during the FBT year, and annualise kilometres if the car was not held for the full year establish the number of days the car was available for the private use of employees, paying special attention to cars bought or sold during the FBT year, and make sure you have obtained all necessary declarations and records, such as receipts and invoices. If you are using expenses paid for by an employee as an employee contribution, you must have documentary evidence of the expenditure (for example, receipts or invoices). In the case of petrol and oil costs, the employee can give you a declaration (see page 23 for a sample declaration). Where such a declaration is made, receipts are not required. c c c c Statutory percentage The statutory percentage depends on the total kilometres the car travels, as follows: Total kilometres travelled during the FBT year c Statutory percentage Less than 15,000 26 15,000 to 24,999 20 25,000 to 40,000 11 Over 40,000 FRINGE BENEFITS TAX FOR SMALL BUSINESS c When calculating employee contributions for each car: identify any employee contributions that reduce a car’s taxable value (noting that employee contributions may be made only from an employee’s after-tax income and that salary sacrifice amounts don’t count as employee contributions) verify any employee contributions and that they have not been reimbursed make sure that any employee contribution includes GST paid by the employer make sure that any employee contributions are supported by a declaration from the employee, or other records as appropriate add any employee contributions to your assessable income, where appropriate do not use any excess employee contributions to reduce the taxable value of other fringe benefits. 7 11 12 # You don’t have to complete the ‘Carry forward details’ section to calculate the taxable value of the car fringe benefits in the adjacent sections of the worksheet. But you may wish to record these details for cars you still own to make it easier to calculate the taxable value of car fringe benefits for the following year. B A D Number of days in the FBT year (A x B x C)/D Gross taxable value E Employee contribution (GSTinclusive as appropriate) $ c recording ‘Closing odometer reading (km)’ may help you work out the number of kilometres travelled for the following year. F Number of kilometres travelled (FxH)/G Annualised kilometres 26 20 11 7 15,000 to 24,999 25,000 to 40,000 Over 40,000 Closing odometer reading (km) Less than 15,000 Date car first held Statutory percentage J Statutory % #Carry forward details Total kilometres travelled during the FBT year Statutory percentage table H Number of days in the FBT year Use the GST-inclusive employee contribution when calculating the taxable value of a fringe benefit. Use the GST-inclusive base value for cars purchased or leased from 1 July 2000. G Number of days in period Statutory % calculation block GST may affect your FBT liability. ((A x B x C)/D) - E Statutory formula method taxable value $ FBT year ended 31 March For example: c recording ‘Date car first held’ details may help you work out when the base value of the car can be reduced by one-third, and Totals to be transferred to FBT return C Number of days available for private use Statutory % (F x H)/G yields Base value (GSTinclusive as appropriate) $ Registration or reference number Make and model Taxable value calculation block Car details Employer name Statutory formula method worksheet 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? SAMPLE WORKSHEET — STATUTORY FORMULA METHOD Here is a worksheet that you may wish to photocopy and use to calculate the taxable value of car fringe benefits if you use the statutory formula method. There is a worked example of how to use the worksheet on page 14. FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? NOTES TO WORKSHEET A Base value Details of what amounts to include in the base value are explained on pages 10–11. Records you can use to work out the base value include invoices/tax invoices, receipts, journal entries, bills of sale and lease documents (for a leased car). If the car was originally leased, the base value is usually the purchase price (including GST as appropriate) paid by the lessor. The lease contract should show the amount. If a car was purchased before 1 July 2000, you may need to include an amount for sales tax or customs duty in the base value (see page 11). B, J Statutory percentage Records you can use to work out what statutory percentage applies include odometer records (see page 26), travel diaries and fleet management records. If you don’t keep odometer records, you need some other way of identifying the distance travelled by each car and a record of how you calculated the distance. If a car is replaced during the year, record the kilometres travelled by each car separately – don’t add the kilometres travelled by each car together. C Number of days the car was available for private use Records you can use to work out how many days the car was available for private use include logbooks, diaries and fleet management records. There are several methods you can use, including referring to the pattern of use, for example, where a car is garaged each night. This information may be available from an employee’s work records, such as a diary of work-related business trips. D, H Number of days in the FBT year This is either 365 or 366. E Employee contribution Records you can use to work out the amount of any employee contributions include receipts, declarations, invoices/tax invoices, journal entries and cheque butts. F Number of kilometres travelled in the period during the year when you owned or leased the car G Number of days in the period during the year when you owned or leased the car FRINGE BENEFITS TAX FOR SMALL BUSINESS 13 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? 14 117,000 1-Oct-04 11% 30,082 365 Andrew is a bookkeeper and has gathered the following information for his employer about a car the employer provides to Vicki, a company employee. c The car, a Mercedes sport convertible, with number plate ZZZ 999, was purchased by the employer on 1 October 2004. Its base value is $88,000 (including GST). c For the whole of the period 1 October 2004 to 31 March 2005 (182 days) the car was available for Vicki’s private use. During that time Vicki travels 15,000 kilometres. c Vicki pays fuel costs of $1,100 (including GST) to third parties and provides her employer with the necessary declaration. Andrew uses the information to complete the worksheet. Mercedes sports 88,000 11% 182 365 4,826 1,100 3,726 15,000 182 EXAMPLE ZZZ 999 C B A D (A x B x C)/D E ((A x B x C)/D) - E F G H (FxH)/G J Closing odometer reading (km) Date car first held Number of days in the FBT year Number of days in period Number of kilometres travelled Number of days available for private use Statutory % (F x H)/G yields Base value (GSTinclusive as appropriate) $ Registration or reference number Make and model Taxable value calculation block Car details Employer name Statutory formula method worksheet Number of days in the FBT year Gross taxable value Employee contribution (GSTinclusive as appropriate) $ Statutory formula method taxable value $ FBT year ended 31 March 2005 Statutory % calculation block Annualised kilometres Statutory % #Carry forward details WORKED EXAMPLE – STATUTORY FORMULA METHOD FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? Andrew then uses the information in the worksheet to calculate the value of the car fringe benefit provided to Vicki for the year, as follows: Step Action Result 1. If the car is owned or leased for only part of the FBT year, calculate the annualised kilometres Use the following formula to calculate how many kilometres the car would have travelled if you had owned or leased it for the whole year: If the car was acquired on 1 October 2004 (owned for 182 days in the FBT year) and travelled 15,000 kilometres in the six months, the annualised kilometres would be 30,082 kilometres (that is, 15,000 x 365)/182). AxC B Where: A = number of kilometres travelled in the period during the year when you owned or leased the car Based on the total kilometres the car would have travelled during the year, the relevant statutory percentage is 11%. B = number of days in that period C = number of days in the FBT year 2. Calculate the taxable value Use the following formula and the relevant data from the worksheet to calculate the taxable value of the car fringe benefit: (A x B x C ) – E D ($88,000 x 11% x 182) – $1,100 365 Where: =$4,826 – $1,100 A = base value of the car = $3,726 taxable value. B = statutory percentage The base value of the car is the purchase price, including the cost of fitted accessories. The luxury car depreciation limit does not affect the calculation of FBT. For FBT purposes, the amount of $88,000 (including GST) is used to determine the taxable value. C = number of days in the FBT year when the car was used or available for private use of employees D = number of days in the FBT year E = employee contribution 3. Gross up the taxable value to obtain the fringe benefits taxable amount Use the following formula to gross up the fringe benefits amount: AxB Where: As this car was purchased after 1 July 2000, the fringe benefits taxable amount is calculated using the type 1 higher gross-up rate, as follows: $3,726 x 2.1292 = $7,933 taxable amount A = taxable value B = type 1 or type 2 amount 4. Calculate the tax payable The tax payable on this amount is calculated using the following formula: Taxable amount x FBT rate FRINGE BENEFITS TAX FOR SMALL BUSINESS $7,933 x 48.5% = $3,847.50 15 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? CALCULATING THE TAXABLE VALUE OF A CAR FRINGE BENEFIT USING THE OPERATING COST METHOD You may use the operating cost method only if you have kept a logbook and other necessary FBT records. See Fringe benefits tax: A guide for employers (NAT 1054) for more details. Under this method, the taxable value of the car fringe benefit is a percentage of the total costs of operating the car during the FBT year, and is calculated using the following formula: Deemed operating costs are relevant only if the car is owned (rather than leased). They are depreciation and interest expenses deemed to be incurred. If the car was not used to provide fringe benefits for the full year, apportion the depreciation and interest to reflect the period it was so used. To calculate: c deemed depreciation, multiply the depreciated value of the car at the start of the FBT year by 18.75% for cars purchased on or after 1 July 2002. For cars purchased before 1 July 2002, multiply the depreciated value of the car at the start of the FBT year by 22.5%. The depreciated value of a car for the year in which it is acquired is the cost of the car, including the cost of nonbusiness accessories. For cars bought before 1 July 2000, the cost of the car is the amount the employer would reasonably have expected to pay if sales tax or customs duty concessions were not available. From 1 July 2000, the cost of the car includes GST, and luxury car tax where appropriate. (A x B) – C Where: A = the total operating costs B = the percentage of private use C = the employee contribution In a subsequent year the depreciated value of a car is the cost of the car reduced by the deemed depreciation rate of 22.5% (or 18.75% if acquired on or after 1 July 2002) a year over the period of ownership. Note that the income tax depreciation cost limit doesn’t apply for FBT purposes. Total operating costs For this particular purpose, the operating costs of a car include: c actual costs, and c deemed costs (that is, certain costs that are considered to have been incurred even if they have not). Note that this is different from the costs you use for income tax purposes. Actual operating costs (including GST) are costs you (or the employee or an associate) pay for: c repairs, but not crash repair expenses met by an insurance company or another person legally responsible for the damage to the car c maintenance c fuel c registration and insurance (for the year or part of the year when the car was used to provide fringe benefits), and c leasing, if the car is leased rather than owned (for the year or part of the year when the car was used to provide fringe benefits). For cars bought before 1 July 2000, add any sales tax or customs duty concessions you received. From 1 July 2000 the lease includes GST, and luxury car tax where appropriate. 16 c deemed interest, multiply the depreciated value of the car by the statutory interest rate. The statutory interest rate for the FBT year ended 31 March 2004 is 6.55%. The statutory interest rate for the FBT year ended 31 March 2005 is 7.05%. The interest rate usually changes from year to year and is published annually in a Tax Determination and also in the annual FBT return form instructions. FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? Percentage of private use Employee contribution You can calculate your percentage of private use using the following formula: This is explained on page 11. A x 100 B MORE INFORMATION c Fringe benefits tax: A guide for employers (NAT 1054) Where: A = your estimate of business kilometres travelled by the car during the FBT year (or part-year, as the case may be) B = the total kilometres (both business and private) actually travelled by the car during the same period You use information from logbook and odometer records, as well as any variations in the pattern of business use throughout the year, to estimate the percentage of business use. You use different methods to estimate the business kilometres travelled in a logbook year and in a year that is not a logbook year. Also, if you replace a car during the year, you may be able to transfer the percentage of business use to the new car. There is more information about logbook years on page 24. When calculating the percentage of private use for each car: c verify all costs, such as those associated with fuel, repairs and maintenance c make sure you include sales tax or customs duty, the correct depreciation rate (22.5% for cars purchased before 1 July 2002 and 18.75% for cars purchased on or after 1 July 2002), and the deemed interest component for cars that are owned c if the car was not used to provide fringe benefits for the full FBT year, apportion the deemed depreciation and deemed interest component to reflect the period it was used to provide benefits c include GST and lease costs, and add a sales tax or customs duty component if applicable c obtain logbooks and odometer records and make sure they meet the requirements. Ensure odometer records are maintained in both logbook and non-logbook years c obtain all necessary declarations and copies of documents such as receipts and invoices. FRINGE BENEFITS TAX FOR SMALL BUSINESS 17 18 Make and model A b a c Fuel and oil $ d Registration and insurance $ e Leasing costs $ f Other misc. costs $ g h Deemed interest $ A (a + b + c+d+ e+f+g + h) = Total operating costs $ B i km j km Total km this year B Estimated private % of use Totals to be transferred to FBT return Estimated business kilometres Estimated private % of use Use the GST-inclusive employee contribution when calculating the taxable value of a fringe benefit. Use the GST-inclusive base value for cars purchased or leased from 1 July 2000. GST may affect your FBT liability. Deemed depreciation $ Deemed operating costs FBT year ended 31 March For example, recording ‘Closing written down value (CWDV) for cars still owned (S)’ details may help you work out the ‘Deemed operating costs’ for a car for the following year. Maintenance $ Repairs $ Actual operating costs (GST-inclusive as appropriate) # You don’t have to complete the ‘Carry forward details’ section to calculate the taxable value of the car fringe benefits in the adjacent sections of the worksheet. But you may wish to record these details for cars you still own to make it easier to calculate the taxable value of car fringe benefits for the following year. Registration or reference number Car details Employer name Operating cost method worksheet AxB Gross taxable value C Employee contributions (GSTinclusive as appropriate) $ C (AxB)-C Operating cost method taxable value $ Closing written down value (CWDV) for cars still owned (S) ‘Depreciated value’ # Carry forward details Here is a worksheet that you may wish to photocopy and use to calculate the taxable value of car fringe benefits if you use the operating cost method. There is a worked example of how to use the worksheet on page 20. SAMPLE WORKSHEET – OPERATING COST METHOD 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? NOTES TO WORKSHEET A Total operating costs (comprising sub-costs a, b, c, d, e, f, g and h) Records you can use to work out total operating costs include invoices/tax invoices, receipts, journal entries, bills of sale, lease documents, declarations and fleet management records. See page 16 for details of what to include in total operating costs for cars that are owned and cars that are leased. If a car was purchased before 1 July 2000, you may need to include an amount for sales tax or customs duty in the base value (see page 11). B Estimated percentage of private use (based on number of kilometres and amount at j) Records you can use to work out the estimated percentage of private use include logbook records, odometer records and diaries. See page 24 for how to calculate the percentage of business use, and pages 25–26 for a sample logbook and odometer record. C Employee contribution Records you can use to work out the amount of any employee contributions include receipts, declarations, invoices/tax invoices, journal entries and cheque butts. FRINGE BENEFITS TAX FOR SMALL BUSINESS 19 20 16,250 1,440 1,100 25% 7,500 10,160 1,410 10,000 2,540 (AxB)-C C AxB B j km i km A h c c c 3,750 g The car, a Holden Commodore with registration number AAA 000, has an opening depreciated value of $20,000 at 1 April 2004. Business records held by the company show that: – the cost of repairs incurred during the period was $1,500 - total fuel and oil costs for the period were $2,500, and – registration and insurance costs for the period were $1,000. Odometer records kept by the employer for the period 1 April 2004 to 31 March 2005 show the car travelled 10,000 kilometres. Based on the logbook kept for the car for the previous year and all other relevant factors, the employer estimates that the number of business kilometres travelled for the period was 7,500 kilometres. John pays fuels costs of $1,100 and provides the employer with the necessary declaration. (Note: the $1,100 John paid for fuel is included in the $2,500 total fuel and oil cost noted above.) f AAA 000 Holden Commodore 1,500 2,500 1,000 e d b (a + b + c+d+ e+f+g + h) = a c Closing written down value (CWDV) for cars still owned (S) ‘Depreciated value’ Employee contributions (GSTinclusive as appropriate) $ Estimated private % of use Total km this year Estimated business kilometres Deemed interest $ Deemed depreciation $ Leasing costs $ Registration and insurance $ Lois is a staff clerk. She has gathered the following information for her employer about a car the employer provides to John, a company employee. The car was purchased by the employer on 1 November 2002. Lois uses the information to complete the worksheet. Maintenance $ Fuel and oil $ EXAMPLE c Repairs $ Registration or reference number Car details Make and model Actual operating costs (GST-inclusive as appropriate) A Other misc. costs $ Deemed operating costs FBT year ended 31 March Employer name Operating cost method worksheet WORKED EXAMPLE – OPERATING COST METHOD WORKSHEET Total operating costs $ Estimated private % of use B Gross taxable value Operating cost method taxable value $ # Carry forward details C 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? Lois then uses the information in the worksheet to calculate the value of the car fringe benefit provided to John for the year, as follows: Step Action Result 1. Calculate total operating costs – A Work out the total operating costs by adding actual and deemed costs. $5,000 actual costs ($2,500 + $1,500 + $1,000) + $3,750 deemed depreciation (18.75% of $20,000 depreciated value) + $1,410 deemed interest (7.05% of $20,000 depreciated value) = $10,160 2. Estimate percentage of private use – B Use the formula and relevant information from the worksheet to work out the estimated percentage of private use: A x 100 B Where: A = your estimate of business kilometres travelled during the FBT year (or part-year) B = total kilometres travelled by the car during the same period 3. Calculate employee contribution – C Total all employee contributions for the year. 4. Calculate the taxable value Use the following formula and the relevant information from the worksheet to calculate the taxable value of the car fringe benefit: (A x B) – C 7,500 x 100 = 25 10,000 So the percentage of private use would be 25% (2,500 kms (25%) of the 10,000 kms travelled for the year). $1,100 ($10,160 x 25%) – $1,100 Where: = $2,540 – $1,100 A = total operating costs = $1,440 taxable value B = percentage of private use C = employee contribution 5. Gross up the taxable value to obtain the fringe benefits taxable amount The fringe benefit amount is grossed up using the formula: AxB Where: As this car was purchased after 1 July 2000, the fringe benefits taxable amount is calculated using the type 1 higher gross-up rate, as follows: $1,440 x 2.1292 = $3,066 taxable amount A = taxable value B = type 1 or type 2 amount 6. Calculate the tax payable The tax payable on this amount is calculated using the following formula: Taxable amount x FBT rate FRINGE BENEFITS TAX FOR SMALL BUSINESS $3,066 x 48.5% = $1,487.01 21 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? HOW TO CALCULATE THE TAXABLE VALUE OF A BENEFIT PROVIDED AS A VEHICLE OTHER THAN A CAR If an employee has private use of a vehicle that is not classed as a car under the FBT law, the right to use the vehicle is called a residual fringe benefit. Other types of benefits can be classed as residual fringe benefits. For more information see page 39. Box 2 on page 10 outlines what vehicles are classed as cars for FBT purposes. Box 3 below outlines what vehicles are not classed as cars for FBT purposes. Box 3: Vehicles not classed as cars For FBT purposes, a vehicle not classed as a car is: c a motor bike c any goods-carrying vehicle with a capacity of one tonne or more, or c any other passenger-carrying vehicle designed to carry nine or more passengers. There are two methods to calculate the taxable value of a motor vehicle other than a car: c operating cost method – this is the same as the calculation for cars (see page 16), and c cents-per-kilometre method, which is calculated by multiplying the number of kilometres travelled by the appropriate rate per kilometre. Use the following rates for the 2003–04 and 2004–05 FBT years: Engine capacity Rate per kilometre 2003–04 Rate per kilometre 2004–05 0 to 2,500cc 37 cents 38 cents Over 2,500cc 44 cents 46 cents Motorcycles 11 cents 11 cents MORE INFORMATION Taxation Ruling No. MT 2034: Fringe benefits tax: private use of motor vehicles other than cars explains which method you can use. EXAMPLE: CALCULATING THE TAXABLE VALUE OF A MOTOR VEHICLE OTHER THAN A CAR An employee takes your one-tonne utility home each day and has private use of the vehicle in the evenings and on weekends. The employee estimates that his home to work, evening and weekend travel is 100 kilometres a week, and has given you a declaration. The vehicle travelled 52,000 kilometres during the FBT year ending 31 March 2005 and the operating costs (including deemed interest and depreciation) were $20,080. The employee didn’t make any contributions. Using the operating cost method Taxable value = [$20,080 (total operating costs) x 10% (percentage of private use] – $0 (employee direct contribution, not including fuel) = $2,080 Using the cents-per-kilometre method Taxable value = [5,200 km (number of private kilometres travelled) x 46 cents per km (rate per kilometre)] – $0 (employee direct contribution, not including fuel) = $2,392 Once you have calculated the taxable value of a residual fringe benefit using either the operating cost method or the cents-perkilometre method, you have to gross up the taxable value and multiply it by the FBT rate to get your FBT payable. The steps on page 04 explain how to do this. Both methods assume the vehicle is provided on a fully maintained basis, including fuel. If the employee provides fuel, don’t include fuel costs in the operating cost. If using the cents-per-kilometre method, you could multiply the number of private kilometres travelled by estimated fuel costs per kilometre based on average fuel costs and average fuel consumption of the vehicle, and then deduct this amount. 22 FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? SPECIAL RECORDS YOU NEED TO KEEP FOR CAR FRINGE BENEFITS EMPLOYEE CONTRIBUTION RECORDS Record any contributions the employee has made during the year towards the cost of running the car. If you are using expenses paid for by an employee as an employee contribution, you must have documentary evidence of the expenditure (for example, receipts, invoices or tax invoices, journal entries or cheque butts). In the case of petrol and oil costs, the employee can give you a declaration in the following format. You must obtain any declarations by 21 May. Fuel expenses declaration I declare that (name of the employee) expenses of $ (state whether fuel and/or oil) were incurred by me during the period from in respect of (amount in figures) 20 to 20 registration number (make and model of car) Signed Date If the employee is responsible for all fuel and/or oil costs, you can accept a declaration based on a reasonable estimate based on the total kilometres travelled, average fuel costs and fuel consumption. In these cases, the employee should add the following to the declaration: I also declare that the total kilometres travelled during the period was If the employee makes cash payments to you towards the running costs of the car, you will need to record these payments for each employee in such a way that they can be totalled easily at the end of the year. Details of cash payments are usually recorded in a business’s cash receipts book, as these payments are assessable business income for income tax purposes. There is an example of a cash receipts book in Record keeping for small business (NAT 3029). FRINGE BENEFITS TAX FOR SMALL BUSINESS 23 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? PERCENTAGE OF BUSINESS USE RECORDS All costs associated with running each car need to be recorded in such a way that the cost for each car can be totalled at the end of the FBT year. If you use the operating cost method to calculate the taxable value of a car fringe benefit, you have to keep: c logbook records, and c odometer records. Logbook records contain a record of business use and are usually maintained for a continuous 12-week period. Odometer records are a record of the total distance travelled during the same 12 weeks the logbook records are maintained, and also of the total distance travelled each year. In a logbook year, you have to keep both types of records. In a year other than a logbook year, you keep odometer records. A year is a logbook year if: c none of the previous four years was a logbook year of tax for that car c you choose to treat the year as a logbook year (for example, to increase the nominated percentage of business travel), or c the Commissioner of Taxation, by written notice, requires you to treat the year as a logbook year. What information to record in logbooks The Tax Office doesn’t produce an official logbook but we have provided a sample one on the next page that you can use. If you prefer, you can design your own logbook or buy one of the commercial products available. Regardless of which type of logbook you use, you must keep a record of the following details for each business journey during the 12-week logbook period: c the dates on which the journey began and ended c the odometer readings at the start and end of each journey c the kilometres travelled, and c the purpose of the journey. The logbook records must be in English and entries must be made at the end of the journey or as soon as reasonably practicable afterwards. Where two or more business journeys are undertaken consecutively in any day, only one entry for the series needs to be recorded in the logbook. For example, a salesman who called on 10 customers while working in the Bathurst–Orange area of New South Wales could record the odometer readings at the start and end of the consecutive journeys and describe the purpose of the travel as ‘10 customer calls, Bathurst– Orange area’. The 12-week continuous period during which the logbook is kept must be specified, but may overlap two tax years. A logbook year commonly occurs when you use the operating cost method to value a car fringe benefit for the first time. As part of your business records you should also record additional information such as the car’s make, model and registration number. You have to keep records of the percentage of business use only if the car was not available for private use every day of the year. 24 FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? SAMPLE CAR LOGBOOK Employer name Make: Date trip began FBT year ended 31 March Model: Date trip ended Odometer start Odometer end Engine type: Registration number: Kilometres travelled Purpose of journey Business km Private km* * You don’t have to record private travel, but it may help with your calculations. You need to keep a separate logbook for each car. WORKED EXAMPLE – CAR LOGBOOK EXAMPLE Employer name Make: Ford Date trip began Date trip ended FBT year ended 31 March 2005 Model: Falcon Engine type: 3,800cc Registration number: AAA 999 Odometer start Kilometres travelled Purpose of journey Odometer end Business km Private km* 06.06.04 06.06.04 118,500km 118,570km 70 km 0 km Visit mechanic, tax agent 07.06.04 07.06.04 118,570km 118,580km 0 km 10 km Private travel FRINGE BENEFITS TAX FOR SMALL BUSINESS 25 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? What information to record in odometer records Odometer records are a record of the total kilometres travelled by the car during the whole FBT year, or for that part of the year it was used to provide fringe benefits. Odometer records should also be kept for the 12 weeks for which a logbook is kept. As with logbooks, the Tax Office doesn’t produce an official odometer record form but we have provided a sample one below that you can use. If you prefer, you can design your own form or buy one of the commercial products available. Regardless of which type of odometer record form you use, SAMPLE ODOMETER RECORD Employer name Car make the following details must be entered for each period (that is, year, part-year or logbook period): c the date the period began and ended, and c the odometer reading at the start and end of the period. The odometer records must be in English, and the entries should be made at, or as soon as reasonably practicable after, the times to which the readings relate. If you replace a car during the year and transfer the business percentage to the new car, the odometer records must show odometer readings for the replaced car and the new car on the replacement date. FBT year ended 31 March Model Registration number Start Date End Odometer reading Date Odometer reading You can record details for more than one car on the same odometer record. Don’t add together kilometres travelled by old and replacement cars. WORKED EXAMPLE – SAMPLE ODOMETER RECORD EXAMPLE Employer name Car make Mitsubishi 26 FBT year ended 31 March 2005 Model Magna Registration number XXX 999 Start End Date Odometer reading Date Odometer reading 01.04.04 116,000 31.03.05 126,000 FRINGE BENEFITS TAX FOR SMALL BUSINESS 03 DO YOU PROVIDE A CAR OR OTHER VEHICLE AS A FRINGE BENEFIT? SPECIAL RECORDS YOU NEED TO KEEP FOR VEHICLES OTHER THAN CARS You don’t have to keep such detailed records as you do for car fringe benefits. However, if you do keep logbook records, use these to determine the extent of private use of the vehicle. Otherwise, you can estimate the number of private kilometres travelled. For example, you could determine the home to work component of private use by multiplying the number of journeys during the year by the distance between the employee’s residence and place of employment. If you are making a reduction for business travel, you must obtain a declaration from the employee, in an approved format, specifying the deductible percentage of the operating costs. If using the cents-per-kilometre method, the declaration could state the number of private kilometres travelled rather than the deductible percentage. Here is an approved format for an employee declaration for a vehicle other than a car: Residual benefit declaration – Vehicles other than cars declare that I (name of the employee) during the period 20 to 20 (show details of vehicle) was provided to me by or on behalf of my employer. The total number of private kilometres travelled was or I would have been entitled to claim an income tax deduction equal to % of the operating costs. Signed Date FRINGE BENEFITS TAX FOR SMALL BUSINESS 27 28 FRINGE BENEFITS TAX FOR SMALL BUSINESS DO YOU PROVIDE EXPENSE PAYMENT FRINGE BENEFITS? If you provide expense payment fringe benefits, you must: ■ calculate the taxable value of the benefits, see page 30 ■ know how you may reduce the taxable value of certain benefits, see page 31 ■ keep special records, see page 32 FRINGE BENEFITS TAX FOR SMALL BUSINESS 04 29 04 DO YOU PROVIDE EXPENSE PAYMENT FRINGE BENEFITS? EXPENSE PAYMENT FRINGE BENEFITS You may provide an expense payment fringe benefit if an employee incurs expenses and: c you reimburse them for the expenses, or c you pay a third party for the expenses. The expenses can be business or private expenses, or a combination of both, but they must be incurred by the employee. If you incur the expense, for example through a corporate credit card, you don’t have an expense payment fringe benefit. You could, however, have a property, residual or entertainment fringe benefit, depending upon what is paid for. EXEMPT EXPENSE PAYMENT BENEFITS You don’t have to pay FBT on certain expense payment fringe benefits. They include benefits such as taxi travel and newspapers and periodicals. For more details see page 42. 30 HOW TO CALCULATE THE TAXABLE VALUE OF AN EXPENSE PAYMENT FRINGE BENEFIT The taxable value of an expense payment fringe benefit is the amount of payment or reimbursement you make. However, you use different rules for calculating the taxable value of a benefit where you pay or reimburse an employee for goods or services you (or an associate) sell to customers or clients in the ordinary course of your business. For more information about calculating the taxable value of these expense payment fringe benefits, see Fringe benefits tax: A guide for employers (NAT 1054). Once you have calculated the taxable value of an expense payment fringe benefit (after reducing it where applicable — see the next page), you have to gross up the taxable value and multiply it by the FBT rate to get your FBT payable. The steps on page 04 explain how to do this. FRINGE BENEFITS TAX FOR SMALL BUSINESS 04 DO YOU PROVIDE EXPENSE PAYMENT FRINGE BENEFITS? REDUCING THE TAXABLE VALUE OF AN EXPENSE PAYMENT FRINGE BENEFIT You may be able to reduce the taxable value of certain expense payment fringe benefits, as explained below. REDUCTION WHERE EXPENSE WOULD HAVE BEEN DEDUCTIBLE TO EMPLOYEE (OTHERWISE DEDUCTIBLE RULE) If you provide something as a benefit to an employee that they would normally be able to claim as an income tax deduction, you can reduce the taxable value of the benefit by the amount they would have been able to claim. This is called the ‘otherwise deductible’ rule. For example, if an employee incurred a work expense, it would be wholly deductible for income tax purposes. Under the otherwise deductible rule, if you reimburse the employee for all or part of this expense, the taxable value of the expense payment fringe benefit would be zero. Use these steps to reduce the taxable value using the otherwise deductible rule: Step 1. Write down the employee’s expense before you reimburse them. Step 2. Work out how much of the expense the employee could normally claim as a deduction. Step 3. Determine how much the employee can actually claim as an income tax deduction: c if you reimburse all or part of the business component of the employee’s expense, the employee’s tax deduction is the amount of their expense multiplied by the business percentage, reduced by the amount of the reimbursement c if you don’t take into account the business component of the expense, the employee’s income tax deduction is the amount of their expense, reduced by the amount of the reimbursement, then multiplied by the business percentage. Step 4. Subtract the actual deductible amount (step 3) from the hypothetical deductible amount (step 2). The result is the amount by which you can reduce the taxable value of the fringe benefit. EXAMPLE An employee incurred expenditure of $500, of which 80% was employment-related (and income tax deductible) and 20% private. You reimburse them $250, without regard to whether their expenditure was for business or private purposes. The taxable value of the expense payment fringe benefit (without the otherwise deductible rule) is $250. Step 1. The employee’s gross expense is $500. Step 2. The employee would normally be entitled to an income tax deduction of $400 for the expense (that is, 80% x $500). Step 3. In fact, the employee can claim the following as an income tax deduction: [$500 (employee’s expense) – $250 (reimbursement)] × 80% (business percentage) = $250 × 80% = $200 Step 4. Subtract the actual deductible amount (step 3) from the hypothetical deductible amount (step 2) to see by how much the taxable value of the fringe benefit can be reduced. $400 – $200 = $200 The taxable value of $250 can be reduced by $200 to $50. Where an expense payment fringe benefit is provided in relation to a car owned or leased by the employee, there are special rules for determining how much, if any, of the employer’s expenditure would have been otherwise deductible to the employee. OTHER REDUCTIONS In certain instances you can further reduce the taxable value of an expense payment fringe benefit that has been reduced under the otherwise deductible rule. This further reduction applies to benefits such as remote area housing assistance, relocation travel by employee’s car, and transport to employment interviews and selection tests by employee’s car. Sometimes there may be special conditions (such as keeping certain records) you must satisfy before you can further reduce the value. MORE INFORMATION c FRINGE BENEFITS TAX FOR SMALL BUSINESS Fringe benefits tax: A guide for employers (NAT 1054) 31 04 DO YOU PROVIDE EXPENSE PAYMENT FRINGE BENEFITS? SPECIAL RECORDS YOU NEED TO KEEP FOR EXPENSE PAYMENT FRINGE BENEFITS Make sure you obtain any declaration from employees before the due date for lodging your FBT return or, if you are not required to lodge a return, by 21 May. If you use the otherwise deductible rule to reduce the taxable value of a fringe benefit, you must have documentation to show how much of the purchase price of the property would have been otherwise deductible to the employee. If the documentation is a declaration by the employee, it must be in an approved format (see below). EMPLOYEE DECLARATION You have to obtain an employee declaration in all cases except where: c the employee’s expense (other than an expense incurred in respect of a car owned or leased by the employee) is incurred exclusively as part of their employment (for example, protective clothing, tools of trade) c there is a requirement to keep a travel diary c the requirement to keep a travel diary is waived because the employee is a member of an international aircrew, or c the provision of the fringe benefit is covered by a recurring fringe benefit declaration. Here is an example of an approved format for an employee declaration. Expense payment benefit declaration I declare that (name of the employee) (show nature of expense eg. telephone rental and/or calls) were provided to me by or on behalf of my employer during the period from 20 to 20 and the expenses were incurred by me for the following purpose(s) (Please give sufficient information to demonstrate the extent to which the expenses were incurred by you for the purpose of earning your assessable income.) I also declare that the percentage of those expenses incurred in earning my assessable income was % Signed Date MORE INFORMATION c 32 Fringe benefits tax: A guide for employers (NAT 1054) FRINGE BENEFITS TAX FOR SMALL BUSINESS DO YOU PROVIDE ENTERTAINMENT? If you provide entertainment by way of food and drink to employees, their associates and/or clients, you must: ■ decide whether to value it as a meal entertainment fringe benefit, see page 34 ■ calculate the value of the fringe benefits using the: – 50-50 split method, see page 35 or – 12-week register method, see page 35 ■ keep special records, see page 36 FRINGE BENEFITS TAX FOR SMALL BUSINESS 05 33 05 DO YOU PROVIDE ENTERTAINMENT? BENEFITS ARISING FROM PROVIDING ENTERTAINMENT Providing entertainment means providing entertainment by way of food, drink or recreation, or providing accommodation or travel in connection with such entertainment. Generally, when you provide entertainment to both employees and non-employees (for example, clients), only that part of the entertainment that relates to employees and their associates is subject to FBT. Where you cannot easily work out the value of the entertainment that relates to employees from the available information, you can apportion costs on a ‘per head’ basis. SUMMARY The following table gives a simplified summary of the FBT results that generally arise from employers (other than those exempt from income tax) providing entertainment to employees and others. SITUATION FBT Employee takes two clients to lunch at a restaurant – cost $150 Employee’s portion $50 fringe benefit Client’s portion No FBT EXAMPLE An employee entertained two clients of her employer by taking them to lunch at a restaurant. The meal cost $150 and was paid for by the employer. The meal provided to the employee is a property fringe benefit. The taxable value of the fringe benefit, per head, is one-third of the total cost of the meal (that is, $50). There is no category of fringe benefit called an entertainment fringe benefit, but the following different types of fringe benefit may arise from providing entertainment: c an expense payment fringe benefit, for example, the cost of theatre tickets purchased by an employee and reimbursed by the employer c a property fringe benefit, for example, providing food and drink c a residual fringe benefit, for example, providing accommodation or transport, or c a tax-exempt body entertainment fringe benefit (only employers who are exempt from income tax). Employee has meal in restaurant while travelling on business trip No FBT (otherwise deductible rule) Employee has meal in an in-house canteen. Exempt from FBT You provide sandwiches and juice for working lunch in office (not entertainment) Exempt from FBT You provide substantial lunch with wine for employees in office Exempt from FBT You provide social function for employees in office Exempt from FBT You reimburse employee for cost of private party Taxable fringe benefit You provide employee and associates with theatre tickets Taxable fringe benefit Where you provide entertainment by way of food or drink (but not recreation), you can choose to classify it as a ‘meal entertainment fringe benefit’ instead of one of the above. Specifically, providing meal entertainment fringe benefits means: c providing entertainment by way of food or drink c providing accommodation or travel connected with such entertainment, or c paying or reimbursing expenses incurred in obtaining something covered by the above points. You can’t classify a fringe benefit as a meal entertainment fringe benefit if someone other than you provides the meal entertainment. If you choose to classify a fringe benefit as a meal entertainment fringe benefit, you have to classify all fringe benefits arising from the provision of meal entertainment during the FBT year as such. 34 FRINGE BENEFITS TAX FOR SMALL BUSINESS 05 DO YOU PROVIDE ENTERTAINMENT? HOW TO CALCULATE THE TAXABLE VALUE OF A MEAL ENTERTAINMENT FRINGE BENEFIT There are two methods for calculating the taxable value of meal entertainment fringe benefits: c the 50-50 split method, and c the 12-week register method. Both methods are based on your total meal entertainment expenditure. This includes expenditure that might otherwise be exempt from FBT or not normally subject to FBT, for example, providing food and drink to employees on your business premises. USING THE 50-50 SPLIT METHOD Under this method, the total taxable value of meal entertainment fringe benefits is 50% of the total expenses you incur in providing meal entertainment to all persons (whether employees, clients or otherwise) during the FBT year. USING THE 12-WEEK REGISTER METHOD Under this method, the total taxable value of meal entertainment fringe benefits is the total expenses you incur in providing meal entertainment to all persons (whether employees, clients or otherwise) during the FBT year multiplied by the ‘register percentage’. You work out the register percentage using the following formula: A x 100 B Where: A = total value of meal entertainment fringe benefits provided to employees and their associates during the 12-week register period DO YOU PROVIDE FOOD AND DRINK ON BUSINESS PREMISES? If you provide food and drink to current employees on your business premises on a working day, this is exempt from FBT, regardless of whether the food and drink are prepared on your business premises. This exemption generally does not apply to employers that are exempt from income tax. (Note that a corporate box is not considered part of an employer’s business premises.) But food and drink provided on your business premises to associates of employees (for example, spouses) are not exempt from FBT. Where you provide food and drink on the same occasion to both employees and their associates, you may have to apportion the expenditure on a per head basis. EXAMPLE You provided drinks and a buffet meal for 10 employees and their spouses on business premises. The cost was $500. On a per head basis the cost of the entertainment provided to employees was $250, which is exempt from FBT. The cost relating to entertainment of the associates ($250) is not exempt from FBT. Note that if you classify the provision of the food and drink as a meal entertainment fringe benefit, you would include all of the $500 expenditure (in the above example) when calculating your total meal entertainment expenditure for the FBT year. B = total value of meal entertainment provided to all persons during the 12-week register period If you use this method, you must keep the register for a continuous period of 12 weeks. Once you have calculated the taxable value of a meal entertainment fringe benefit using either the 50-50 split method or the 12-week register method, you have to gross up the taxable value and multiply it by the FBT rate to get your FBT payable. The steps on page 04 explain how to do this. FRINGE BENEFITS TAX FOR SMALL BUSINESS 35 05 DO YOU PROVIDE ENTERTAINMENT? SPECIAL RECORDS YOU NEED TO KEEP FOR MEAL ENTERTAINMENT FRINGE BENEFITS If you use the register method, you must include the following details in your 12-week register: c the date you provide meal entertainment c whether each recipient of meal entertainment is an employee or an associate of the employee c the cost of the meal entertainment c the kind of meal entertainment provided c where the meal entertainment is provided, and c if the meal entertainment is provided on your premises, whether it is provided in an in-house dining facility. (Note that a corporate box is not part of an employer’s premises.) MORE INFORMATION c 36 Fringe benefits tax: A guide for employers (NAT 1054) FRINGE BENEFITS TAX FOR SMALL BUSINESS DO YOU PROVIDE OTHER FRINGE BENEFITS? This section gives an overview of the types of fringe benefits not already covered in this guide. FRINGE BENEFITS TAX FOR SMALL BUSINESS 06 37 06 DO YOU PROVIDE OTHER FRINGE BENEFITS? OTHER FRINGE BENEFITS MORE INFORMATION For details of how to calculate the taxable value of these fringe benefits, refer to the relevant chapters in Fringe benefits tax: A guide for employers (NAT 1054). AIRLINE TRANSPORT FRINGE BENEFIT An airline transport fringe benefit arises where employees of airlines or travel agents are provided with free or discounted air travel on a stand-by basis. BOARD FRINGE BENEFIT Where you provide a meal to an employee, it is a board fringe benefit if the employee is entitled to have accommodation provided and: c they are entitled to be provided with at least two meals a day under an industrial award or their employment arrangement c you supply the meal (if the employer is a company, the meal may be supplied by a related company in a wholly-owned group) c the meal is cooked or prepared on your (or a related company’s) premises or on a worksite or place adjacent to a worksite, and c the meal is supplied on your premises (or worksite) or those of a related company. Meals supplied to family members living with an employee who is entitled to meals under the employment agreement or award are also treated as board meals. Some common examples are: c meals provided in a dining facility located on a remote construction site, oil rig or ship, and c meals provided to a live-in housekeeper or to resident teachers in a boarding school. CAR PARKING FRINGE BENEFIT Broadly, you provide a car parking fringe benefit when you provide car parking facilities for an employee at or near their place of employment and there is a commercial parking station available for all-day parking within a one-kilometre radius of where the car is parked. For FBT years commencing on or after 1 April 1997, car parking benefits provided by small business employers are exempt if: c the parking is not provided in a commercial car park c the employer is not a government body, listed public company, or a subsidiary of a listed public company c the employer’s total gross income (before any deductions) for the last income year before the relevant FBT year is less than $10 million. DEBT WAIVER FRINGE BENEFIT You provide a debt waiver fringe benefit if you waive or forgive an employee’s debt. For example, if you sell goods to an employee and later tell them not to bother about paying the invoiced amount, you have provided a debt waiver fringe benefit. However, an employee debt that you write off as a genuine bad debt is not a debt waiver fringe benefit. HOUSING FRINGE BENEFIT If you give an employee the right to use a unit of accommodation and that unit of accommodation is where the employee usually lives, the right to use the unit of accommodation is a housing fringe benefit. A unit of accommodation includes: c a house, flat or apartment c accommodation in a hotel, motel, guesthouse, bunkhouse or other living quarters c a caravan or mobile home, or c accommodation on a ship or other floating structure. The employee doesn’t have to have exclusive use of the accommodation. 38 FRINGE BENEFITS TAX FOR SMALL BUSINESS 06 DO YOU PROVIDE OTHER FRINGE BENEFITS? LOAN FRINGE BENEFIT RESIDUAL FRINGE BENEFIT You provide a loan fringe benefit if you give an employee a loan and charge no interest or a low rate of interest. A low rate of interest is one that is less than the statutory rate of interest (this rate is published each year, usually in April). Any fringe benefit that is not subject to any of the other rules is called a residual fringe benefit. The use of the term ‘loan’ is quite broad. For example, if an employee owes you a debt but you don’t enforce payment after the debt becomes due, the unpaid amount is treated as a loan to the employee. Such a loan starts immediately after the due date at the rate of interest, if any, at which the interest accrues on the unpaid amount. If an employee owes money to you or to the business, you may be providing a loan fringe benefit. This does not apply if the employee owes the money under the same terms and conditions as an ordinary customer. If you release an employee from the obligation to repay the loan, you may be providing a debt waiver fringe benefit. LIVING AWAY FROM HOME ALLOWANCE FRINGE BENEFIT If you pay an employee a living away from home allowance, you are providing a living away from home allowance fringe benefit. For FBT purposes, a living away from home allowance is an allowance you pay to an employee to compensate them for any additional expenses they incur and disadvantages they suffer because they are required to live away from home to do their work. Additional expenses do not include expenses the employee could claim as an income tax deduction. PROPERTY FRINGE BENEFIT A property fringe benefit arises when you provide an employee with property, free or at a discount. For FBT purposes, property includes: c all goods, including gas and electricity (unless provided through a reticulation system) and animals c real property such as land and buildings, and c choses in action, such as shares or bonds. FRINGE BENEFITS TAX FOR SMALL BUSINESS Residual fringe benefits could include providing services (such as travel, or the performance of professional or manual work) and the use of property. They could also include providing insurance cover, for example, health insurance cover under a group policy you take out for the benefit of your employees. If an employee has private use of a vehicle that is not classed as a car under the FBT law, the right to use the vehicle is a residual benefit. Generally where a benefit consists of both goods and services, the goods component (property fringe benefit) and the services component (residual fringe benefit) are valued separately. However, when the person providing the benefit is in a business where goods and services are supplied together, for example, carrying out repairs that entail the supply of spare parts, and the benefit is of that kind, it is a residual fringe benefit. TAX-EXEMPT BODY ENTERTAINMENT FRINGE BENEFIT A tax-exempt body entertainment fringe benefit may arise from entertainment expenses incurred by an employer who is wholly or partially exempt from income tax, or who does not derive assessable income from the activities to which the entertainment relates. Entertainment expenses are expenses for providing entertainment in the form of food, drink or recreation. They may include related accommodation or travel expenses. From 1 April 1994, non-deductible entertainment expenditure is deductible entertainment expenditure if it is incurred in the course of providing a fringe benefit. However, for the purpose of identifying a tax-exempt body entertainment fringe benefit, this expenditure continues to be non-deductible entertainment expenditure. Only entertainment expenditure that is non-deductible for income tax purposes can give rise to a tax-exempt body entertainment fringe benefit. 39 40 FRINGE BENEFITS TAX FOR SMALL BUSINESS ARE SOME BENEFITS EXEMPT FROM FBT? Some benefits you provide to employees are exempt from FBT. This section looks at certain work-related items, minor benefits and relocation expenses. 07 Fringe benefits tax: A guide for employers (NAT 1054) contains information about other exempt benefits. FRINGE BENEFITS TAX FOR SMALL BUSINESS 41 07 ARE SOME BENEFITS EXEMPT FROM FBT? CERTAIN WORKRELATED ITEMS If you provide the following items to employees you don’t have to pay FBT on them: c a mobile phone or a car phone (only if the phone is mainly used in the employee’s employment) c an item of protective clothing required for the employee’s employment c a briefcase c a calculator c a tool of trade c an item of computer software for use in the employee’s employment c an electronic diary or similar item, or c a notebook computer, a laptop computer or a similar portable computer (limited to the purchase or reimbursement of one computer for each employee a year). MINOR BENEFITS Some minor benefits you provide may be exempt from FBT. This is the case where the value of the benefit is less than $100 and it would be unreasonable to treat it as a fringe benefit. It would be unreasonable to treat a minor benefit as a fringe benefit where: c you provide the benefit infrequently and irregularly c the taxable value of the minor benefit and other similar or identical benefits (if they were treated as fringe benefits) is low c the likely total taxable value of the minor benefit and other associated benefits is low – associated benefits are those provided in conjunction with the minor benefit, for example, accommodation, board, electricity and telephone benefits provided as part of an accommodation package c it is difficult to calculate the taxable value of the benefit and any associated benefits c the benefit is provided as a result of a contingency (for example, unexpected overtime). Employers commonly give employees gifts at Christmas time. A single gift to each employee of, say, a bottle of whisky or perfume would be an exempt minor benefit, provided the value of each was modest. However, if some employees were given a range of gifts that included, for example, expensive art works, food hampers and wine, you would have to look at the package of associated benefits rather than each individual item. The occasional use of an employer’s vehicle by an employee for a special purpose, such as rubbish removal or for travel from home to work during a transport strike, is an exempt benefit provided the employee in question didn’t have a general entitlement to use the vehicle for private purposes. However, in some cases, the benefit would be of sufficient value to override considerations of irregularity or lack of frequency. For example, a one-off loan of a four-wheel drive vehicle to an employee to travel cross-country during an extended annual holiday break may not be exempt because the actual value of such a benefit is not small. 42 FRINGE BENEFITS TAX FOR SMALL BUSINESS 07 ARE SOME BENEFITS EXEMPT FROM FBT? RELOCATION EXPENSES REMOVALS AND STORAGE OF HOUSEHOLD EFFECTS Where you pay for removal and storage of household effects of employees (both new and existing) who have to live away from home because of a change in their job location, the benefit is exempt. The exemption includes the costs of removal, storage, packing, unpacking and insurance of household effects (including pets) kept primarily for the personal use of the employee or their family. Similarly, the exemption also applies where the employee’s usual place of residence changes to another location if the removal takes place, or the storage commences, not more than 12 months after the employee begins employment duties at the new location. SALE OR ACQUISITION OF DWELLING Where you provide relocation expenses that are incidental to an employee’s sale and/or purchase of a home, the expenses may be exempt benefits. Such incidental costs include stamp duty, advertising, legal fees, agent commission, discharge of a mortgage, expenses of borrowing or any similar capital expenses. Costs associated with the connection or reconnection of gas, electricity and telephone services to the new home are also exempt. MORE INFORMATION c Fringe benefits tax: A guide for employers (NAT 1054) FRINGE BENEFITS TAX FOR SMALL BUSINESS CONNECTION OR RECONNECTION OF CERTAIN UTILITIES Where an employee is required to live away from home in order to perform employment duties, the costs of connecting or reconnecting gas, electricity and telephone services to the new place of residence may be exempt benefits. Similarly, where there is a change in the employee’s usual place of residence, these costs may be exempt benefits. LIVING AWAY FROM HOME – LEASING OF HOUSEHOLD GOODS A benefit that consists of the lease of household goods used primarily for domestic purposes while an employee is living away from home may be an exempt benefit. TRANSPORT Where an employee is required to live away from home in order to perform employment duties, or is similarly required to relocate their usual place of residence, the costs of providing relocation transport (and any meals and accommodation en route) to the employee (and family members) are exempt benefits. The exemption also applies where the employee is returning to their usual place of residence after working at another location. The exemption does not apply to a reimbursement of the employee’s car expenses where the reimbursement is calculated according to the distance the car travels. However, the taxable value may be able to be reduced. 43 DEFINITIONS DEFINITIONS Activity statement You use an activity statement to report your FBT instalments, along with other tax obligations including GST, pay as you go (PAYG) instalments and withheld amounts. Associates Associates include people and entities closely associated with you (or your employees), such as relatives. Employee contribution An employee contribution may be assessable income in the hands of the employer. (As a general rule, the costs incurred by the employer in providing fringe benefits are income tax deductible.) Excluded benefits Excluded fringe benefits are certain fringe benefits you don’t have to report on employees’ payment summaries. Exempt benefits Exempt benefits are those benefits you provide for which you don’t have to pay FBT. Fringe benefit Basically, a fringe benefit is a benefit provided to an employee (or their associate, such as a family member) because that person is an employee. Benefits can be provided by an employer, an associate of the employer, or by a third party under an arrangement with the employer. An employee can be a current, future or former employee. Fringe benefits tax Fringe benefits tax (FBT) is a tax paid on certain benefits employers provide to their employees or their employees’ associates (typically family members). FBT is separate from income tax and is based on the taxable value of the various fringe benefits provided. 44 Grossing up Grossing up means increasing the taxable value of benefits you provide to reflect the gross salary employees would have to earn at the highest marginal tax rate (including Medicare levy) to buy the benefits after paying tax. Individual fringe benefits amount This is the total value of all benefits (other than excluded fringe benefits) provided to a particular employee in an FBT year. Instalment threshold This is the amount at which you have to start paying your FBT liability to the Tax Office in quarterly instalments using your activity statement. The threshold is currently $3,000. Payment summary Under the PAYG withholding system, payers are required to provide payees with a payment summary, which shows total payments made and the amount of tax withheld during the financial year. Reportable fringe benefits From 1 April 1999, if you provide fringe benefits with a total taxable value of more than $1,000 to an employee in an FBT year (1 April to 31 March), you must report the grossed-up taxable value of the benefits on the employee’s payment summary for the corresponding income year (1 July to 30 June). These are called reportable fringe benefits. Residual fringe benefit Any fringe benefit that does not fit into one of the other 12 categories of fringe benefits is called a residual benefit. Taxable value This is the value of fringe benefits that you use as a basis for calculating your FBT liability. There are different rules for calculating the taxable value of the different types of fringe benefits. FRINGE BENEFITS TAX FOR SMALL BUSINESS MORE INFORMATION INTERNET c c Visit www.ato.gov.au – download publications, rulings and other general tax information for small businesses. Business Entry Point: www.business.gov.au – this is an interactive service providing easy access to business information and transactions with government. It can be used to register for an ABN and GST, or to apply for a tax file number. PHONE c c c General business enquiries phone 13 28 66 – most small business tax issues, including GST rulings, ABN, pay as you go (PAYG) instalments, deductions from employees’ wages, business deductions, preparation of activity statements, account information for activity statement lodgment and payment, wine equalisation tax, luxury car tax, fringe benefits tax and issues for non-profit organisations. Superannuation enquiries phone 13 10 20. Personal enquiries phone 13 28 61 – individual income tax and general personal enquiries. FRINGE BENEFITS TAX FOR SMALL BUSINESS FAX c Get information faxed to you about business and individual taxes, superannuation and the Higher Education Contribution Scheme (HECS). Phone 13 28 60 and follow the instructions to order a catalogue or to be sent information. FREE SEMINARS c Seminars for small business – these include sessions on GST, PAYG, activity statements and record keeping. For more information, visit our website at www.ato.gov.au or phone 1300 661 104. OTHER SERVICES c c If you do not speak English and want to talk to a tax officer, phone the Translating and Interpreting Service on 13 14 50 for help with your call. If you have a hearing or speech impairment and have access to appropriate TTY or modem equipment, phone 13 36 77. If you do not have access to TTY or modem equipment, phone the Speech to Speech Relay Service on 1300 555 727. 45 INDEX accessories in cars, 10, 11 phones, 42 accommodation, see housing and accommodation acquisitions, see purchases activity statements, 07 actual operating costs, 16 advertising costs, 43 agent commissions, 43 air conditioners in cars, 10 airline transport, 32, 38 amendments of FBT payable, 04 animals, 39, 43 annual returns, 04, 07 apartments, 38 Application for registration – fringe benefits tax, 05 assessments, 04 associates, 02, 35, 36, 38, 43 Australian Taxation Office, see Tax Office bad debts, 38 base value of cars, 10–11 board, 38, 42 bonds, 39 borrowings, see loans briefcases, 42 buildings, 39 sale or acquisition, 43 bunkhouse accommodation, 38 business accessories in cars, 10 business premises, food and drink on, 35, 36, 38 business vehicles, see cars cabs, 30 private use of, 10 calculating payments, 04 see also taxable value calculators, 42 car accessories, 10, 11 car parking, 06, 38 car phones, 42 caravan accommodation, 38 cars, 10–27 exempt benefits, 10, 42, 43 reductions, 31 cents per kilometre method, 22, 27 choses in action, 39 Christmas gifts, 42 client meals, 35 clothing, 42 commercial car parks, 38 commercial vehicles, 10, 22, 27 computer records, 05 computers and computer software, 42 corporate boxes, 06, 35 corporate credit cards, 30 cost price of cars, 10–15 46 crash repairs, 16 customs duties exemptions, 11, 16 dates, see time dealer delivery charges, 10, 11 debts, 38, 39 declarations, 05 expense payment, 32 fuel expenses, 23 vehicles other than cars, 27 deemed operating costs, 16 deferral of time to lodge, 07 definitions, 44 delivery charges for cars, 10, 11 depreciation of cars, 16 diaries electronic, 42 travel, 32 dining, see meals distance travelled, see kilometres travelled domestic rubbish removal, 10 drinks, see meals dwelling sales/purchases, 43 electricity connection and supply, 39, 42, 43 electronic diaries, 42 employee contributions, 02, 44 cars, 10, 11, 23 employee declarations, see declarations employee food and drink, 35, 36, 38 employee payment summaries, 06 employer superannuation contributions, 02 employment, travel associated with, 10, 31, 32, 38, 43 entertainment, 06, 34–36, 39 see also meals entertainment facilities (corporate boxes), 06, 35 errors in assessment/returns, 04, 07 excluded benefits, 06 exemptions/exempt benefits, 05, 42–43 car parking, 38 cars, 10, 42, 43 expense payments, 30 food and drink on premises, 35 expense payments, 30–32, 34 family members (associates), 02, 35, 36, 38, 43 FBT numbers, 05 50-50 split method, 35 fitted accessories in cars, 10, 11 flats, 38 floating structures, 38 freight costs for food, 06 food, see meals four-wheel drives, 10, 42 fuel and oil costs, 11, 16, 22, 23 FRINGE BENEFITS TAX FOR SMALL BUSINESS garaging cars at/near home, 10 gas connection and supply, 39, 43 general interest charge, 07 gifts, 42 goods-carrying vehicles, 10, 22, 27 grossed up taxable amount, 04, 06 GST, 10, 11, 16 credits, 04 guesthouse accommodation, 38 health insurance, 39 hired entertainment facilities, 06 hired household goods, 43 hired vehicles, see cars home, travel to and from, 10, 42 home-garaged cars, 10 home sales/purchases, 43 hotel accommodation, 38 household goods, leasing of, 43 household removals and storage, 43 housekeepers, live-in, 38 housing and accommodation, 38, 39 excluded benefits, 06 exempt benefits, 42, 43 living-away-from home, 39, 43 for meal entertainment, 34 remote areas, 31 income tax, 02 otherwise deductible rule, 31, 32 individual fringe benefits amount, 06 input taxed supplies (GST credits), 04 instalments and instalment threshold, 07 insurance, 16, 39, 43 interest, 16 on loans, 39 general interest charge, 07 international aircrews, 32 interviews, transport to, 31 kilometres travelled cents per kilometre method, 22, 27 percentage of private/business use, 17, 24–6, 27 statutory percentage, 11, 13 land, 39 laptop computers, 42 late returns, 07 leased entertainment facilities, 06 leased household goods, 43 leased vehicles, see cars legal fees, 43 live-in housekeepers, 38 living-away-from-home, 39, 43 living quarters, see housing and accommodation FRINGE BENEFITS TAX FOR SMALL BUSINESS loans, 39 mortgages, discharge of, 43 of vehicles, 42 lodgment, 07 logbook records, 24–25, 27 luxury car tax, 10, 16 maintenance of cars, costs of, 16 meals (food and drink), 34–36, 38, 39 excluded benefits, 06 exempt benefits, 43 minor benefits, 42 mistakes in returns, 04, 07 mobile home accommodation, 38 mobile phones, 42 mortgages, discharge of, 43 motel accommodation, 38 motor bikes, 22, 27 motor vehicles, see cars newspapers, 30 non-business car accessories, 10, 11, 16 non-work related use of vehicles, see cars notebook computers, 42 odometer records, 26 office food and drink, 35, 36, 38 oil and fuel costs, 11, 16, 22, 23 oil rigs, 38 operating cost method, 10, 16–21, 24–6 otherwise deductible rule, 31, 32 overpayments, 04 panel vans, 10 parking, 06, 38 part-year use of cars, 11 passenger vehicles, 10, 22, 27 see also cars payment, 02, 07 payment summaries, 06 penalties, 07 percentage of private/business use, 17, 24–26 statutory percentage, 11, 13 periodicals, 30 petrol costs, 11, 16, 22, 23 pets, 43 phones, 42, 43 portable computers, 42 power connection and supply, 39, 42, 43 premises, food and drink on, 35, 36, 38 price of cars, 10–15 private health insurance, 39 private use, cars for, 10–27, 42, 43 see cars property fringe benefit, 34, 39 protective clothing, 42 purchase price of cars, 10 47 purchases, 30–32, 34 cars, during year, 26 dwellings, 43 quarterly instalments, 07 rates, 04 cents per kilometre method, 22 deemed car depreciation, 16 interest on loans, 39 real property, 39 sale or acquisition of dwellings, 43 records, 05 cars and other motor vehicles, 23–27 expense payments, 32 meal entertainment, 36 reduction of FBT, 02, 05 expense payments, 31 vehicles other than cars, 27 register method, 35, 36 registration, 05 registration of cars, costs of, 16 reimbursement of expense payments, 30–32, 34 relatives (associates), 02, 35, 36, 38, 43 relocation expenses, 31, 43 remote areas, 06, 31, 38 removals and storage, 43 repairs, 39 to cars, 16 repayment of loans, 39 replaced cars, 26 reportable benefits, 06 resident teachers, 38 residual fringe benefits, 22, 27, 39 restaurant meals, 34–36 returns, 04, 07 rubbish removal, 10 salary sacrifice, 02 sale of dwellings, 43 sales tax exemption, 11, 16 salesmen’s cars, 10, 24 sedans, 10 selection tests, travel to, 31 shared benefits, 06 shares, 02, 39 ships, 38 software, 42 stamp duty, 43 station wagons, 10 statutory formula method, 10–15 statutory percentage, 11, 13 stereos in cars, 10, 11 storage and removals, 43 strikes, 42 superannuation, 02 48 tax-exempt body entertainment, 39 tax file numbers, 05 Tax Office addresses and enquiry numbers, 45 lodgment of returns, 07 mistakes in returns, 04 taxable value, 04, 06 cars and other vehicles, 10–22 expense payment, 30–31 meal entertainment, 35 minor benefits, 42 taxis, 30 private use of, 10 teachers in boarding schools, 38 telephones, 42, 43 theatre tickets, 34 time, 07 amendments to FBT payable, 04 of car travel, 24, 26 FBT year, 02 logbook use/logbook year, 24 of meal entertainment, 36 meal entertainment register kept, 35 operating cost method decision, 10 part-year use of cars, 11 records to be kept, 05 relocation expenses, 43 tools of trade, 42 total operating costs, 16 transport strikes, 42 travel agents, 38 travel and transport, 39 airline/travel agent employees, 32, 38 to employment interviews/selection tests, 31 excluded benefits, 06 for meal entertainment, 34 see also cars travel diaries, 32 12-week register method, 35, 36 two-way radios, 10 underpayments, 04, 07 unpaid debts, 38, 39 utilities (cars), 10 utilities (public), connection to, 39, 42, 43 vehicles other than cars, 22, 27, 42 wages or salary, 02 waiver of debts, 38 waste removal, domestic, 10 work, travel to and from, 10, 42 work-related items, 42 work vehicles, see cars worksheets, 18–21, 12–15 year, see time FRINGE BENEFITS TAX FOR SMALL BUSINESS