Most helpful replyATO Certified Response
Author: BlakeATO(Community Support)Community Support ATO Certified Response17 June 2021
Hi @CLB
Good idea for checking! It's gonna be a tricky one to work out.
Minor benefits are exempt benefits.
That means there's no FBT. Minor benefits must be less than $300 in value and unreasonable to treat as a fringe benefit.
The minor benefits exemption does not apply to entertainment benefits by income tax-exempt entities (such as NFPs).
This means any entertainment benefit would be taxable.
Also, it won't apply to meal entertainment or entertainment facility leasing where you use the 50:50 method.
This means the entertainment (team building) and meals won't be exempt benefits.
But this means for those benefits, you can use the 50:50 method.
Remember that entertainment facilities just means the venue, not the activity performed in the venue. You might not be actually providing an entertainment facility benefit.
For the other benefits (accommodation and parking), we need to look at if they are minor benefits to workout if FBT applies.
Where you provide an employee with separate benefits that are in connection with each other (for example, a meal, a night's accommodation and taxi travel) you need to look at each individual benefit provided to the employee to see if the notional taxable value of each benefit is less than $300.
That means each part of the benefit (meals, accommodation, activity, parking) need to be looked at separately.
To be a minor benefit, it also needs to be unreasonable to treat it as a fringe benefit.
Broadly, you must consider five key parts to determine if it would be unreasonable to treat it as a fringe benefit:
- the regularity and frequency of the benefit
- the similar value to other minor benefits
- the total of all associated benefits (which will be the tell here). The higher value, the more likely it won't be an exempt benefit.
- the practical difficulty in working out the notional taxable value, including record keeping
- the circumstances the benefit is provided under (such as an unexpected event or reimbursement of expense).
Since tax is self-assessed, you'll have to determine for yourself ultimately.
The information I've given is a summary of the minor benefits section of our Fringe Benefits Guide for employers and calculating the fringe benefit on our website, which will help you decide