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BrettLogan(Initiate)Initiate
14 May 2024

Hi, I have a client that has established a discretionary trust in which the trust has purchased a vehicle and the beneficiary/director of the trustee company uses the car for business and personal purposes of the trust but isn't employed by the trust nor takes a directors fee - is the director deemed to be an employee and therefore FBT applicable to the motor vehicle use, keeping in mind MT 2019? Or because no actual wages or fees paid does instead fall under trust distribution?

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1,166 views
5 replies

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Bruce4Tax(Taxicorn)Taxicorn
14 May 2024

Then they need to become an employee - even if no salary drawn.


Then the car FB value can be cashed out.


Company can pay director fees, but not a trust.


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Bruce4Tax(Taxicorn)Taxicorn
14 May 2024

Then they need to become an employee - even if no salary drawn.


Then the car FB value can be cashed out.


Company can pay director fees, but not a trust.


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Can director be deemed to be an employee | ATO Community