Document ID: chunk:federal_register_of_legislation:C2025C00120:section:5e:p2
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 5E (pt 2/2)
Character Range: 34237–35493

subsection has effect despite subsection (2).
Note: Section 135G allows use of the employer's aggregate fringe benefits amount for an earlier year of tax in working out the employer's liability for tax for the current year of tax.

Determining individual fringe benefits amounts
 (5) In making a determination under subsection (4), the employer must:
 (a) ensure that the total of the amount or amounts determined by the employer under that subsection for the year of tax equals the aggregate fringe benefits amount used for working out the employer's liability to pay tax for the year of tax; and
 (b) if that subsection applies to 2 or more of the employer's employees for the year of tax—act reasonably, having regard to the fringe benefit or fringe benefits provided in relation to the year of tax in respect of each employee's employment.

Security concerns relating to employees or associates
 (6) A fringe benefit referred to in paragraph (3)(l) is an excluded fringe benefit only to the extent that its provision is consistent with a threat assessment in relation to the employee or associate made by a person who is recognised by:
 (a) a relevant industry body or government body; or
 (b) the Commissioner;
as competent to make threat assessments.