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Meal entertainment fringe benefit tax...Are you confused?

Never is a tax topic more hotly disputed, misunderstood and argued than that of fringe benefits tax especially when it come to Meal Entertainment. With fringe benefits season just around the corner the issue will once again rear its ugly head.

Meal Entertainment

It is easy to understand the position of many small business operators who take a clients and business associate out to lunch or down to the local coffee shop. These types of social meetings are a great way to start a business relationship, build a repore with a key person, seal the deal or to express gratitude. Many come to the conclusion that if it is a meeting has a direct nexus to their business that the cost of meal and drinks is a business expense and fully deductible.

The ATO are clear on this – not only is meal entertainment not deductible it is also subject to Fringe Benefits Tax. The ATO’s argument is that food and drink are sustenance for our body and therefore not business related and are of a private nature.

The ATO have produced the following scenarios and outlined what the deductibility and Fringe Benefit treatment are.

Situation

Income tax

FBT

Employee takes two clients to lunch at a restaurant - cost $150


Employee's portion: $50 tax deductible, Client's portion: $100 non-deductible

Employee's portion: $50 fringe benefit, Client's portion: No FBT


Employee has meal in restaurant while travelling on business trip

Tax deductible



No FBT ('otherwise deductible' rule)


Employee has meal in an 'in-house canteen'

Tax deductible


Exempt from FBT
Employer provides sandwiches and juice for working lunch in office (not entertainment)

Tax deductible




Exempt from FBT




Employer provides substantial lunch with wine for employees and clients in office

Non-deductible



Exempt from FBT



Employer provides social function for employees /clients in office

Non-deductible



Exempt from FBT



Employer provides social function for employees and associates in office


Cost per employee: Non-deductible, Cost per associate: Tax deductible


Cost per employee: Exempt benefit, Cost per associate: Taxable fringe benefit

Employer reimburses employee for cost of private party

Amount reimbursed is tax deductible


Taxable fringe benefit



Employer provides employee and associates with theatre tickets

Tax deductible



Taxable fringe benefit



Minor Benefits – Exemption from Fringe Benefits

To be eligible for this provision the taxable value must be under $300 per employee and be infrequent and irregular.

The ATO have stipulated that “it is not appropriate to specify the number of times associated benefits that are identical or similar to a minor benefit, or benefits provided in connection with the minor benefit, can be provided while satisfying the 'infrequency and irregularity' criterion. However, the more often and regular those benefits are provided, the less likely that this criterion would be satisfied”

This is an absolutely impractical response from the ATO and honestly has many accountants in our industry frustrated that there are not clear guidelines on this issue. In Taxation Ruling TR 2007/12 It concludes that an employer who provides a Christmas party for its staff fails to qualify because the benefit is not infrequent as a Christmas party is arranged annually for the staff and hence occurs on a regular basis. On the other hand the ATO have released a fact sheet entitled Fringe Benefits Tax and Christmas Parties and includes the use of the minor benefit exemption in the examples it provides.

Our position at Interactive Accounting is to concentrate on the regularity instead of the frequency so that if the benefit is provided on a regular basis, every week, month, quarter or year then it does not qualify for the exemption. If the benefit occurs ad-hoc or on a one-time only basis then it will qualify as a minor benefit.

Conclusion

If you are incurring and claiming meal entertainment in your accounts you have two choices. Keeps records and pay the appropriate FBT or have the meal entertainment that is applicable to you and your employees paid out as dividends. If you are unsure about your obligations please contact support@interactiveaccounting.com.au

Remember: GST is only claimable on the tax-deductible portion.

Lisa Callaghan Monday, February 13, 2012
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Tax Update - November 2011


Directors of Companies to be personally liable for outstanding Super Guarantee and PAYG withholding.

The ATO are seeking to reinforce a director's obligation to ensure their company complies with its PAYG and Super Guarantee requirements by making the directors personally liable for their company's overdue amounts. The new measures will allow the ATO 90 days after the relevant due date to commence proceedings to recover from Directors any amounts that are unpaid and unreported by making directors and their associates personally liable.


Default Assessment Notices

The ATO has announced that they will be issuing default assessment notices based on the information they have received from third-parties e.g PAYG payment summaries, interest and dividend etc to individual tax payers with overdue lodgement returns. The taxpayer will first receive a letter titled 'Default assessment warning' if the overdue returns are not lodged by the date specified, they will issue a default assessment based on the estimated taxable income included in the letter. 

Standard work-related and tax-related deduction

The government have released draft legislation about the announcement made in the May Budget to introduced a standard work-related / tax-related deduction for individuals. To refresh your memory, the amount of the deduction is set to be $500 for 2013 tax return and $1000 for the 2014 tax return and onwards. The deduction aims to cover all work-related items including clothing, telephone, subscriptions, travel, self-education and home office and tax related items such as your tax preparation fee. If your actual deductions are more than the standard deduction you are entitled to claim but you must maintain records to support all claims. Importantly the standard deduction does not include motor vehicle or car expenses so a claim can be made in addition to the standard deduction.

CGT relief for natural disasters

The Government have released a discussion paper regarding Taxpayers affected by a natural disaster and who are eligible to participate in the Australian government agency replacement asset programs or receive assistance such as cash grants to be exempt from paying CGT or to be able to retain pre-CGT asset status for their replacement assets. Importantly the proposed date of the effect is 1 July 2011 which may be of no benefit to the taxpayers who were affected by the storms and floods earlier this year. We will keep you updated.

Guy Pearson Tuesday, November 08, 2011
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