Fringe Benefits Tax What you need to know As an employer who may be providing fringe benefits to your employees, you need to know how Fringe Benefits Tax (FBT) works. To understand how FBT works, you need to know: What is FBT? Who pays FBT? The different types of fringe benefits; and What to do if you provide fringe benefits. Certified Practising Accountants What is Fringe Benefits Tax? Are you providing a Fringe Benefit? FBT is a tax paid on certain benefits you provide to your employees or your employees’ associates. FBT is separate from income tax and is based on the taxable value of the various fringe benefits you provide. If you are currently an employer the following checklist will help you work out if you are providing a fringe benefit to your employees. The FBT year runs from 1 April to 31 March. If you answer YES to any of the following questions, you may be liable to pay FBT. Do your employees take cars home and garage them overnight, even if only for security reasons? Do your employees use cars or other vehicles the business owns for private use? Do you have a salary package arrangement with any of your employees? Have you paid or reimbursed any employees’ expenses? Do you provide entertainment, such as food, drink or recreation to your employees? Have you given property, such as electrical goods, to your employees either free or at a discount? Do you provide any employees with a house or unit of accommodation? Do you provide loans at reduced rates to any employees? Have you released any employee from a debt they owed the business? Do you provide any employees with living-away-from-home allowances? Are you a tax-exempt organisation that has provided food, drink or accommodation to employees? Although this information refers only to fringe benefits provided to employees, fringe benefits can also be provided to employees’ associates (such as a family member). Fringe benefits can also be provided by an associate of the employer or a third party by arrangement with the employer. What is a fringe benefit? A fringe benefit is a benefit provided in respect of employment. This effectively means a benefit provided to an employee (or their associate) because they are an employee. You can provide these benefits, or they can be provided by: An associate of yours; A third party under an arrangement with you. An employee may be a current, future or former employee. Some employers, including charities, may need to work out the status of their workers. Many will be volunteers; however, some will be contractors and employees. Generally, benefits provided to volunteers and contractors don’t attract FBT. Benefits may include: Rights; or Privileges; or Services. Items not subject to FBT The following are not fringe benefits: Payments of salary or wages; Shares purchased under approved employee share acquisition schemes; Your employer contributions to complying superannuation funds; Employment termination payments (eg. a company car given or sold to an employee on termination); Certain benefits provided by religious institutions to their religious practitioners. For example, you provide a fringe benefit when you: Allow your employee to use a work car for private purposes; Give your employee a cheap loan; Reimburse an expense incurred by your employee, such as school fees; Provide entertainment by way of food, drink or recreation. Items exempt from FBT When working out if a benefit is provided in respect of employment, ask yourself if you would have provided the benefit if the recipient had not been your employee. Some of the common benefits that are exempt from FBT are: Most minor benefits valued at less than $300 where it would be unreasonable to treat the benefit as a fringe benefit; Certain work-related items such as: >>A portable electronic device; >>An item of computer software; >>An item of protective clothing; >>A briefcase; >>A tool of trade. The work-related items exemption is limited to: Items primarily for work-related use; One item per FBT year for items that have a substantially identical function unless the item is a replacement item. Providing fringe benefits to yourself Salary sacrifice arrangements If you are a director and conduct your business through a company or a trust, you may be an employee of the company or trust. This may mean you are actually providing fringe benefits to yourself and so you need to understand your company’s or trust’s FBT obligations. A salary sacrifice arrangement is an arrangement between you and your employee, where your employee agrees to forgo part of their future entitlement (such as salary or wages) in return for you providing benefits of a similar cost. 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, trustee, corporation, unincorporated association or government body or whether you have to pay other taxes such as income tax. Some employers providing fringe benefits may be eligible to receive concessional FBT treatment. These include: Public benevolent institutions; Public and non-profit hospitals and public ambulance services; Religious institutions; Other non-profit entities. Fringe Benefits Categories FBT law identifies various categories of fringe benefits and specific valuation rules for each category. Some types of the most common categories which can attract Fringe Benefits Tax are: 1. Car fringe benefits; 2. Loan fringe benefits; 3.Debt waiver fringe benefits; 4.Expense payment fringe benefits; 5. Housing fringe benefits; 6. Board fringe benefits; 7.Airline transport fringe benefits; 8. Living-away-from-home allowance fringe benefits; 9. Providing entertainment; 10. Tax-exempt body entertainment fringe benefits; 11. Car parking fringe benefits; 12. Property fringe benefits; 13.Residual fringe benefits; Under an effective salary sacrifice arrangement: Your employee pays income tax on the reduced salary or wages; You may be liable to pay FBT on the fringe benefits provided, and If the 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. If you are providing fringe benefits: How much FBT you have to pay The ATO usually don’t notify you of how much FBT you have to pay. Rather, you selfassess your FBT payable when you lodge your FBT return. The rate of FBT is levied on what is commonly referred to as the ‘grossed-up amount’ 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. Reducing your FBT liability You can reduce the amount of FBT you pay by: Replacing fringe benefits with cash salary; Providing benefits that your employees would be entitled to claim as an income tax deduction if they had paid for the benefits themselves (the ‘otherwise deductible’ rule); Providing benefits that are exempt from FBT; Using employee contributions. Generally, this payment is a cash payment made to you or the person who provided the benefit. However, an employee can also make an employee contribution towards a car fringe benefit by paying for some of the operating costs (such as fuel) that you do not reimburse. Keeping FBT records You need to keep sufficient records so your FBT liability can be assessed. You need to keep all records related to providing the benefit, including how you worked out the taxable value of benefits. These records need to be kept for five years from the date of the relevant transaction. Register for FBT We recommend that you register once you have established that you have to pay FBT. Your FBT number is the same as your tax file number (TFN). Once you are registered, the ATO will send you additional information to help you lodge your return. Employment payment summaries If you provide fringe benefits with a total taxable value of more than $2,000 to an employee in an FBT year, you need to 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. You need to allocate benefits to the relevant employee and include any fringe benefits provided to associates of the employee. The amount reported on the payment summary will not be included in an employee’s assessable or taxable income or affect the amount of standard Medicare levy payable. The total will, however, be included in a number of income tests relating to certain government benefits and obligations (for example Centre Link). Lodging an FBT return and paying FBT An FBT return covering the FBT year that begins on 1 April and ends 31 March, should be lodged by 21 May each year. If you haven’t previously paid FBT or if your FBT liability for the previous year was less than $3,000, you only make one payment for the year when you lodge your annual FBT return. In subsequent years, the ATO may ask you to make quarterly FBT instalments through your quarterly activity statements. We hope that the above summary helps you to understand when a FBT liability may arise. Should you have any further queries, please do not hesitate to contact our office. Suite 6, First Floor 49-54 Douglas Street Noble Park Vic 3174 PO Box 331 Noble Park Vic 3174 Tel: 03 9547 5022 Fax: 03 9547 0595 Email: admin@zjl.com.au Web: www.zjl.com.au