Private ruling: Rebatable employer
Date of advice: 10 January 2023
Published: 27 February 2023
Ruling period: Fringe Benefits Tax (FBT) year ending 31 March 20XX | FBT year ending 31 March 20XX | FBT year ending 31 March 20XX | FBT year ending 31 March 20XX | FBT year ending 31 March 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Is the entity a rebatable employer pursuant to item 9 of the table in section 65(J) of the Fringe Benefits Tax Assessment Act 1986 (FBTAA), as a society or association established for the purpose of promoting the development of Australian industrial resources? | A1: Yes

Relevant facts and circumstances: This private ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are different from these facts, this private ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling. In accordance with its constitution, the entity is an incorporated entity formed under the Corporations Act 2001 and limited by guarantee. The entity was previously issued a ruling confirming its status as an income tax exempt entity and a rebatable employee. There has been no material change to the entity's operations or initiatives. The tax-exempt status has been extended. The entity is not a charity. The entity is a not-for-profit organisation. The entity is considered a society or association for the purposes of being tax exempt.

Relevant legislative provisions: Section 65J of the Fringe Benefits Tax Assessment Act 1986

Reasons for decision: Summary: Yes, the entity is a rebatable employer pursuant to item 9 of the table in section 65(J) of the FBTAA. | Detailed Reasoning - Section 65J Rebate for certain not-for-profit employers: 65J(1) An employer is a rebatable employer for a year of tax if the employer: (a) is exempt from income tax at any time during the year of tax under any of the provisions set out in the following table and (b) satisfies the special conditions (if any) set out in the following table. Item 9 a society or association: (a) established for the purpose of promoting the development of any of the following Australian resources: ... (iii) industrial resources ... As it has been determined in the recently issued private ruling, the entity is exempt from income tax and is considered a society or association (a company limited by guarantee) established for the purpose of promoting the development of an Australian industrial resource, the entity will therefore be a rebatable employer.

Reasons for decision: These reasons for decision accompany the Notice of private ruling for Entity. | This is to explain how we reached our decision. This is not part of the private ruling.