MB 7BFamily scheme income from employment benefits: employees not controlling shareholders

1. This section applies for the purpose of determining the amount that represents the family scheme income of a person to whom section MB 8 does not apply for an income year when the person has an employer who makes available—

2. a motor vehicle for the person's private use when, under the terms of the person's employment, the person would be entitled to a greater amount of employment income should the person choose, or have chosen, not to receive the benefit of the motor vehicle:
3. a short-term charge facility as defined in section CX 25(3) (Benefits provided by charitable organisations).

4. The person's family scheme income for the income year includes an amount equal to the total for the person and the income year of amounts, each of which is—

5. the amount by which the employment income of the person would be greater in the absence of a benefit referred to in subsection (1)(a):
6. the value, including fringe benefit tax, of a benefit provided to the person under a short-term charge facility referred to in subsection (1)(b), if the total value of such benefits, not including fringe benefit tax, provided in the income year is more than the lesser for the income year of—
   1. 5% of the employee's salary or wages:
   2. $1,200.

7. In calculating under subsection (2)(b) the amount of fringe benefit tax on a benefit, the person may use—

8. the rate of fringe benefit tax used by the person’s employer in calculating the fringe benefit tax payable on the benefit:
9. the maximum basic rate of fringe benefit tax specified in schedule 1, part C, table 1 (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits).