Document ID: chunk:federal_register_of_legislation:C2025C00120:section:12:p3
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 12 (pt 3/3)
Character Range: 346694–349118

under section 37AA); or
                (b) that are car parking fringe benefits; or
                (c) whose taxable values are wholly or partly attributable to entertainment facility leasing expenses.

           Step 2. Identify the benefits taken into account in step 1 that are GST‑creditable benefits (see section 149A).
           Step 3. So much of the amount worked out under step 1 that relates to the benefits identified under step 2 is the step 3 of subsection (2H) amount for the individual.
           Step 4. The remainder of the amount is the step 4 of subsection (2H) amount for the individual.

Salary packaged meal entertainment and entertainment facility leasing benefits
 (2J) This subsection covers a benefit that is provided under a salary packaging arrangement if:
 (a) the benefit is constituted by the provision of meal entertainment (as defined in section 37AD, whether or not the employer has elected that Division 9A of Part III apply to the employer); or
 (b) the benefit is wholly or partly attributable to entertainment facility leasing expenses.

Extended meaning of "institution of the Commonwealth, a State or a Territory"
 (3) For the purposes of this section, an institution established by a law of the Commonwealth, a State or a Territory is taken to be an institution of the Commonwealth, the State or the Territory, as the case requires.

Meanings of "non‑profit society", "non‑profit association" and "non‑profit club"
 (5) A society, association or club is not covered by table item 4, 5, 8, 9, 10, 11 or 12 in subsection (1) for a year of tax if it is:
 (a) an incorporated company where all the stock or shares in the capital of the company is or are beneficially owned by:
 (i) the Commonwealth, a State or a Territory; or
 (ii) an authority or institution of the Commonwealth, a State or a Territory; or
 (b) an incorporated company where the company is limited by guarantee and the interests and rights of the members in or in relation to the company are beneficially owned by:
 (i) the Commonwealth, a State or a Territory; or
 (ii) an authority or institution of the Commonwealth, a State or a Territory.

Definitions
 (6) In this section:
FBT rate means the rate of fringe benefits tax for the year of tax.
GST rate means the rate of goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999 for the year of tax.

Part IV—Liability to tax