Fringe Benefits Tax Amendment Regulations 2001 (No. 1) (Cth)

Fringe Benefits Tax Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 362

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fringe Benefits Tax Assessment Act 1986.

Dated 22 February 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

C. R. KEMP

Assistant Treasurer

1Name of Regulations

 These Regulations are the Fringe Benefits Tax Amendment Regulations 2001 (No. 1).

2Commencement

 These Regulations are taken to have commenced on 1 April 2000.

3Amendment of Fringe Benefits Tax Regulations 1992

Schedule 1 amends the Fringe Benefits Tax Regulations 1992.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 3, after definition of branch of the Australian Taxation Office

insert

member of the Defence forcemeans a member of the Defence Force to whom the Defence Force Discipline Act 1982 applies.

[2]Subregulation 3B (6), definition of member of the Defence Force

omit

[3]Before regulation 4

insert

• 3D

  Excluded fringe benefit (Act s 5E)

  • (1)

    For paragraph 5E (3) (i) of the Act, a fringe benefit provided, in the circumstances described in subregulation (2), to a member of the Defence Force who is a resident of Australia or an external Territory is an excluded fringe benefit in relation to the year of tax starting on 1 April 2000 and each later year of tax.

  • (2)

    A fringe benefit to the extent that it is assistance for the removal or storage of the household effects of the member is an excluded fringe benefit if:

    • (a)

      the member is directed to change residence by the Department of Defence; and

    • (b)

      the removal or storage arises from the direction.

  • (3)

    In this regulation:

  household effects has the meaning given in paragraph 58B (2) (a) of the Act.

Notes

1. These Regulations amend Statutory Rules 1992 No. 130, as amended by 1993 Nos. 105 and 148; 1994 No. 196; 2000 Nos. 40, 127, 228 and 251.

2. Notified in the Commonwealth of Australia Gazette