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Australian Tax Law

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AUSTRALIAN TAX LAW

Contents ANSWER-01(A) 1 CASE STUDY 2 Facts 2 Option: (b) 2 Option: (c) 3 ANSWER-01 (B) 3 CASE STUDY 4 ANSWER-02 (A) 6 CASE STUDY 6 ANSWER-02(B) 7 CASE STUDY 8 REFERENCE LIST 10

ANSWER-01(A)
Fringe Benefit Tax Assessment Act, 1986 (FBTAA, 1986), states that entertainment is not allowed as a tax that can be a deductible expense, as given under section 955-1 of the Income Tax Assessment Act, 1997 (ITAA, 1997). This is however only, unless till the time a Fringe benefit Tax (FBT) @ 46.5% has been paid upon the same. One also has to keep in the considerations important factors such as: * GST to be levied at 10% of the fringe benefit amount.
Section 136 of FBTA also states that if there is a benefit which is provided to the employee or to the third party who is related to the third party who may be the spouse, and such a benefit has been provided in a manner which is either full or in part, as a work benefit and a liability that arises for the payment of FBT then Goods and Services Tax may also be applied on the same and the tax payer denied of the GST credits, it may also apply the lower gross-up rate for FT.
There are many Companies which may organize entertainment functions for the people employed under them and the third parties with respect to these employees in the form of either gifts or parties. The party maybe on the site or offsite and include food and drink with recreations like banks and gifts may also form a part of this entertainment. The implication of income tax such as FBT and GST would be dependent on the factors that apply to the said situation. The implications are also dependent on the factors like the gift and the per head cost of the person and the fact that whether it had been provided only to the staff or to both the staff and the clients as well. As per the sections 8-1 of the ITAA of

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