Document ID: chunk:federal_register_of_legislation:C2025C00120:section:152a:p1
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 152A (pt 1/2)
Character Range: 602690–605639

152A  Recurring fringe benefit declaration

Recipient may make recurring fringe benefit declaration
 (1) If a person is provided with a benefit (the declaration benefit), the person may make a recurring fringe benefit declaration in relation to the declaration benefit.

Expense payment fringe benefits covered by declaration
 (2) If the recurring fringe benefit declaration covers another benefit (the later benefit) that is an expense payment fringe benefit:
 (a) the recurring fringe benefit declaration is taken to have been made under paragraph 24(1)(e) in respect of the recipients expenditure for that benefit; and
 (b) the gross deduction in paragraph 24(1)(b) in relation to the later benefit is taken to be the amount worked out using the formula:

  where:
  Gross expenditure (later benefit) is the gross expenditure mentioned in paragraph 24(1)(b) in relation to the later benefit.
  Deductible proportion of declaration benefit is the deductible proportion of the declaration benefit as worked out under subsection (9).
Note: The gross deduction is used as component GD in the formula in paragraph 24(1)(ba).

Property fringe benefits covered by declaration
 (3) If the recurring fringe benefit declaration covers another benefit (the later benefit) that is a property fringe benefit:
 (a) the recurring fringe benefit declaration is taken to have been made under paragraph 44(1)(c) in respect of the recipients property for that benefit; and
 (b) the gross deduction in paragraph 44(1)(b) in relation to the later benefit is taken to be the amount worked out using the formula:

  where:
  Gross expenditure (later benefit) is the gross expenditure mentioned in paragraph 44(1)(b) in relation to the later benefit.
  Deductible proportion of declaration benefit is the deductible proportion of the declaration as worked out under subsection (9).
Note: The gross deduction is used as component GD in the formula in paragraph 44(1)(ba).

Residual fringe benefits covered by declaration
 (4) If the recurring fringe benefit declaration covers another benefit (the later benefit) that is a residual fringe benefit:
 (a) the recurring fringe benefit declaration is taken to have been made under paragraph 52(1)(c) in respect of the recipients benefit for that benefit; and
 (b) the gross deduction in paragraph 52(1)(b) in relation to the later benefit is taken to be the amount worked out using the formula:

  where:
  Gross expenditure (later benefit) is the gross expenditure mentioned in paragraph 52(1)(b) in relation to the later benefit.
  Deductible proportion of declaration benefit is the deductible proportion of the declaration benefit as worked out under subsection (9).
Note: The gross deduction is used as component GD in the formula in paragraph 52(1)(ba).
 (5) The declaration must be in a form approved in writing by the Commissioner and be made, and given to the employer, by the declaration date for the employer