Part C
Income
Excluded income:
Introductory provisions
CX 2Meaning of fringe benefit
A fringe benefit is a benefit that—
- is provided by an employer to an employee in connection with their employment; and
- either—
- arises in a way described in any of sections CX 6, CX 9, CX 10, or CX 12 to CX 16; or
- is an unclassified benefit; and
- arises in a way described in any of sections CX 6, CX 9, CX 10, or CX 12 to CX 16; or
- is not a benefit excluded from being a fringe benefit by any provision of this subpart.
A benefit that is provided to an employee through an arrangement made between their employer and another person for the benefit to be provided is treated as having been provided by the employer.
It is not necessary to the existence of a fringe benefit that an employment relationship exists when the employee receives the benefit.
Sections RD 25 to RD 63 (which relate to fringe benefit tax) deal with the calculation of the taxable value of fringe benefits.
A benefit may be treated for the purposes of the FBT rules as being provided by an employer to an employee under—
- section GB 31 (FBT arrangements: general):
- section GB 32 (Benefits provided to employee’s associates).
Compare
- 2004 No 35 s CX 2
Notes
- Section CX 2(5): amended, on (applying for the 2010–11 and later income years), by section 51(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
- Section CX 2 list of defined terms FBT rules: inserted, on (applying for the 2010–11 and later income years), by section 51(2) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).