Dear ATO Team,
We are a fashion retail company operating in Australia. Our business model involves purchasing goods from overseas suppliers and reselling them through our Australian retail stores.
We currently provide employees with two types of in-house gift cards:
- Clothing allowance (not uniforms, but general apparel)
- Occasional gift cards (e.g., for recognition or special events)
These gift cards are restricted for use within our own retail stores only and cannot be redeemed with external retailers or exchanged for cash.
For completeness, the gift cards are provided as stored-value cards (fixed dollar amounts) and can be redeemed by employees for merchandise sold by our business in-store only. Employees are also entitled to a 40% staff discount on purchases.
The clothing allowance is provided [Removed by moderator] times per year, with a fixed value per issuance.
We would appreciate your guidance on the Fringe Benefits Tax (FBT) implications of these arrangements. Specifically:
- Do these gift cards constitute in-house property fringe benefits?
- If so, should the taxable value be determined under the rules for goods purchased and sold in as part of the employer’s business, meaning the taxable value is the lower of:
- The arm’s length purchase price to the employer, or
- The market value of the goods?
- Alternatively, do these benefits fall under the $1,000 in-house fringe benefits reduction provisions?
- Are there any differences in FBT treatment between the clothing allowance and occasional gift cards?
- Could these benefits qualify for the minor benefits exemption where the value of individual benefits is less than $300 and provided on an infrequent and irregular basis?
Kind regards