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FBT and Christmas benefits

tracksOne of the areas that can cause confusion at a time of year when there is already enough going on is that of the fringe benefits tax (FBT) implications of providing Christmas parties and benefits for employees and associates. The following information applies to organisations that are not tax-exempt and do not use either the 50-50 split or the 12 week register method for meal entertainment.

Exempt property benefits
The costs (such as food and drink) associated with Christmas parties are exempt from FBT if they are provided on a work day on the employer’s business premises and consumed by current employees. A fringe benefit will arise for associates.

Exempt minor benefits
A Christmas party may be a minor benefit, which is a fringe benefit that costs less than $100 per employee and is provided irregularly. Other party costs such as the costs of employees’ associates attending the party, gifts, hampers etc. must all be factored into the $100 per employee.

Tax deductibility
The cost of providing a Christmas party is income tax deductible only to the extent that it is subject to FBT. Therefore, any meal entertainment costs that are exempt from FBT (i.e. exempt minor benefits and exempt property benefits) cannot be claimed as an income tax deduction. However, the cost of other minor benefits such as gifts would generally be tax deductible.

Implications for Tax Exempt Bodies

The exemption of property benefits and minor benefits also applies to not-for-profit organisations. The only exception is that minor benefits that are in the nature of entertainment are taxable. Accordingly, the following rules apply.

Christmas gifts
A Christmas gift or hamper to an employee that meets the conditions of the minor exemption rule and is less than $100 will not attract FBT.

Christmas party held on business premises
The exempt property benefits provisions would not apply as these can generally only be used by organisations that are not tax-exempt (with limited exceptions). The minor benefits exemption rule is unlikely to apply to any staff Christmas party provided by a tax-exempt body.

Christmas party held off business premises
The minor benefits exemption rule will not apply to any staff Christmas party provided by a tax-exempt body.

Published : 5 September 2005

 

 
 
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