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You have been approached by a Robin Hood, a client (law firm) who employs around 80 staff and as a result of a successful year, in recognising the efforts of staff is considering holding a luncheon...

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You have been approached by a Robin Hood, a client (law firm) who employs around 80 staff and as a result of a successful year, in recognising the efforts of staff is considering holding a luncheon (and will be for the entire afternoon on the Friday of September 20th 2013 (could be either on-site or off-site). He is also considering giving gifts to his employees as well. At this point, he is considering the following options;
  • Current employees only attend;
  • Current employees and their associates attend at a cost of $180 per head (to the firm)
  • Current employees, their associates and some clients attend at a cost of $365 per head.
You are to advise Robin of any FBT implications for the three considered options as well as the implications of income tax deductions.
Q1b: Errol provides his employee with the use of a car for 183 days during the FBT year ending 30th June 2013. During this time, the car travelled 16,000km. Errol purchased the car the previous year for $50,000. The employee contributed $1,000 towards the running costs of the vehicle and has provided Errol with relevant evidence.
Calculate the taxable value of the FBT for the car applying the statutory formula.
Q2a: Bridgette owns and runs a small licensed (alcohol) café. Her refrigerator broke down and she contacted an old client and friend of hers, Eddie (electrician) to repair it. Eddie’s normal charge-out rate is $100 per hour and it took 2 .75 hours to repair ($275) but instead, they agree that Eddie could have food and beverages to that amount instead of a cash payment. Both Bridgette and Eddie are registered for GST. What are the GST considerations for each party in regard to this arrangement (considering “supply”)?
Q2b: Bob the Builder is registered for GST and has recently completion the construction of a residence on a vacant block of land he purchased in Kingston. He employed a number of sub-contractors to build the house such as electricians, roof-tilers, plumbers, etc. all of whom included GST in their billings. Only a matter of weeks after the residence was completed, Bob sold the property to Thomas who in turns plans to rent out the property (tenancy). You are required to explain how GST (law) affects both Bob and Thomas.
Answered Same Day Dec 24, 2021

Solution

Robert answered on Dec 24 2021
133 Votes
Q1B) Where the car is provided to the employee or any other person on his behalf say relative
y the employer or any other person behalf on or after 7.30PM AEST on 10
th
May 2011, a
statutory rate @ 20% shall be applied i
elevant to the number of kms. Travelled.
In the given case E
ol (the employer) have given the car to the employee for the FBT year
ending 30
th
June, 2013. So a flat statutory rate @ 20% shall be applied
Formula: A x B x C – E
D
Where
A = the base value of the car:
Base value of the car shall be calculated taking in account the following transaction:
a)Original cost price paid for the car (without including registration and also exluding
stamp duty)
)The cost of any fitted non business accessories
c)Dealer delivery charges shall also be taken in account for the calculation of base price
All cost and charges include goods and services tax (GST) and luxury car tax where
appropriate.
B = the applicable statutory percentage
C = the number of days in the FBT year when the car was used or available for private use of
employees
D = the number of days in the FBT year i.e. total number of days in year starting from 1
st
april
to 31
st
march
E = the employee contribution (if any contribution is made by employee towards the employer
as a part of considerations)
Calculation of A = cost price of the car to the employer – any cash amount paid by the employee
i.e. $50000
Calculation of B = 20% (as given)
Calculation of C = 92 days (183-30-31-30) (because FBT year continues from 1
st
April to 30
th

march of the following year & in the given question the no. of days car was used include 91 days
of the following year). So we have assumed that FBT year ending 30
th
march has been taken into
account for the purpose of calculating FBT for the cu
ent year and the number of days (91 days)
the car used in the following year shall be taken into account while calculating FBT of that
concerned year only
Calculation of D = 365
Calculation of E = $1000
Therefore taxable value of the fringe benefits = $50000 x 20% x 92 - $1000
365
= $1521
Thus $1521 shall be the taxable value that has to be taken into account as fringe benefit.
Reference:
Fringe Benefits Tax- a guide for employers, Chapter 7- Car Fringe Benefits (ATO reference: NO
NAT 1054), Legal Database of Australian Government, Australian Taxation Office, Available at:
http:
law.ato.gov.au/atolaw/view.htm?DocID=SAV%2FFBTGEMP3%2F00008
http:
law.ato.gov.au/atolaw/view.htm?DocID=SAV%2FFBTGEMP3%2F00008
Q2 a) GST shall be paid on taxable services made by the business. And it is also allowed to
claim GST credits on the inputs used to make the taxable sales.
If you are registered or required to be registered under GST then you make GST sale for
payment in the course of operating your business connected with Australia.
A sale is not a taxable sale if it is a GST-free or input taxed sale.
There are sales which are called mixed supplies where you make partly taxed and party free or
input taxed sales
For a sale to be taxable, it shall be made against a payment, which is usually monetary, but can
also be some other form of payment such as:
Goods or services provided instead of money, as in barter transactions
Payment in the form of abstaining or refraining from doing something.
If both the parties are registered for GST.
In the given case Bridgette runs a small licensed café. And when her refrigerator
oke down...
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