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mattgi(Initiate)Initiate
28 Aug 2023

I am employed through a tripartite contract involving a U.S. company, myself, and an Australian entity.


The U.S. company offers employees monthly "use it or lose it" stipends, divided into three categories:

- Home Office (covering expenses like internet, cell phone, food, and computer equipment),

- Health and Wellness (covering gym memberships, wearables, nutrition, and education), and

- Continued Education (covering courses, books, classes, and e-ink devices).


To avail these stipends, employees must purchase an item, submit a claim along with the receipt, and receive approval from the finance team. The approved amount, up to the monthly cap, will then be included in the subsequent salary payment.


The Australian entity, which handles my compensation, has so far processed these claims as taxable income on my pay slip. When asked about this approach, they said these were processed as allowances.


My understanding is that these amounts could only qualify as allowances if they were paid out entirely each month without requiring us to submit receipts or lodge claims. In other words, an allowance is income allocated for a potential expense; it is up to the employee whether or not to actually spend that post-tax allowance. In contrast, what I experience is different: if I pay $100 for internet, I receive only $67 back, as the additional income is subjected to personal tax rates.


Should these amounts be classified as Reimbursements, Allowances, or Fringe Benefits?


I believe that designating them either as Reimbursements or Fringe Benefits would allow me to recover the full cost of the expense. On the other hand, an Allowance would merely be a nominal sum that doesn't require proof of purchase and is treated as regular income.

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2,738 views
6 replies

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Glenn4802(Devotee)Devotee
28 Aug 2023

Based on your summary, the items appear to be reimbursements. They would be subject to the FBT rules, although a nil value or an FBT exemption might apply to some of the reimbursements.


The reimbursement amounts should not be taxable income for you.


The ATO view is included in TR 92/15.

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Most helpful reply

Glenn4802(Devotee)Devotee
28 Aug 2023

Based on your summary, the items appear to be reimbursements. They would be subject to the FBT rules, although a nil value or an FBT exemption might apply to some of the reimbursements.


The reimbursement amounts should not be taxable income for you.


The ATO view is included in TR 92/15.

mattgi(Initiate)Initiate
28 Sept 2023

I went back to the two parties and asked them to revisit how they were handling these payments. They have held firm on their position and continue to include them as taxable income.


The US entity requires me to provide a receipt to receive the stipend. e.g. I lodge my internet invoice against the Home Office category, and then the payment is approved.


The AU entity receives this money and declares it as a line item, pre-tax against my Taxable Income. This results in them paying super on this amount, but also results in me effectively receiving back 37% less than what I originally paid.


The AU entity has advised that they process these additional items as Allowances and do not get involved in whatever requirements the US entity have in place for me to receive the stipend.


This feels incorrect but I have no further way to escalate this and have them either a) not require me to purchase an item to receive an Allowance, or b) reimburse the amount post-tax and record it as a Fringe Benefit in my payment summary.


What do I, as the employee, need to do to ensure I am not involved in (FB) tax avoidance audits. Additionally, what can I do to not find myself 37% short in every item I wish to get reimbursed for (I think any work related items like stationary, etc. could be just a regular deduction, but I also have a health stipend for purchasing gym equipment or classes, etc. which appears to be a FB any way you slice it).

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