Taxation Determination TD 94/25







[Note: This is a consolidated version of this document. Refer to the Tax Office Legal Database (http://law.ato.gov.au) to check its currency and to view the details of all changes.]: 1. Entertainment provided by an employer may give rise to a fringe benefits tax liability. However, only that part of the benefit which relates to entertainment provided to an employee (or an associate of an employee) will be subject to fringe benefits tax. Accordingly, where the entertainment is provided to employees and non-employees jointly, it is necessary to determine that part of the benefit which relates only to the employees. | 2. Where that part of the benefit which relates to employees only is not easily extracted from the available information, this Office will accept the use of a 'per head' basis of apportionment. This does not, of course, preclude employers from using an exact expense basis if they wish. | Note: Apportionment of entertainment expenditure in the manner set out in this Determination would not be available where an employer has elected under section 37AA of the Fringe Benefits Tax Assessment Act 1986 that Division 9A - Meal Entertainment applies for a fringe benefits tax (FBT) year. | Example: Mary entertains 3 of her employer's clients at a local restaurant on 15 April 1994. In addition to paying for her own meal, Mary pays for the meals of the clients. Mary's employer reimburses Mary for the cost of the meals. The benefit provided to Mary is an expense payment fringe benefit. The taxable value of that benefit will be accepted as 25% of the amount reimbursed to Mary. | Commissioner of Taxation 31/3/94 | Previously issued as Draft TD 94/D15


Legislative references: FBTAA 1986 Div 9A FBTAA 1986 37AA
Subject references: entertainment apportionment expense payment fringe benefit residual fringe benefit property fringe benefit