# Advise Sam's employer as to the FBT consequences arising out of the use of the car

Home, - Advise Sam employer as to FBT consequences

Question 1 - Sam is an employee at a large land development company. He has negotiated car benefits with his employer. Sam was provided with the car for the period 1 April 2020 to 31 March 2021. The leased car value was \$22,000 on 1 April 2020, and the car had only been leased for a year at that time. Sam is required to pay for any petrol and other maintenance costs, which he has determined to be \$1,300 for the period 1 April 2020 to 31 March 2021. Advise Sam's employer as to the FBT consequences (using statutory formula method) arising out of the use of the car. You may assume that any benefits are Type 1 fringe benefits.

Fringe benefits refer topayments to employee in a form other than salary or wages. It is separate from Income Tax and calculated on the taxable value of Fringe benefits. The FBT year runs from April to March.

It is a form of extra benefit to employees apart from their regular salaries and is provided in respect of employment.

The Statutory formula for Fringe Benefits Tax calculation is-

Grossed up value of Fringe Benefits (considers the impact of grossing up of GST as well) =

= 22,000 * 2.0802 (Grossing up factor)

= \$45,764.4

Fringe Benefits Tax=

= (Cost price of car * Statutory rate applicable * Number of days the car has been used by theemployee / 365 days) - Contribution of employee, if any

= 45764.4 * 20% * 91 / 365

= \$2,282 (rounded off)

For cars, the statutory rate applicable is 20%.

Since the operating expenses are paid directly by Sam, this amount has no consequence with respect to FBT.

Question 2 - Over the last 6 months, Rohan acquired the following assets: - an engagement ring which cost \$5,000 - a ceramic antique vase (for \$3,000), - a painting (for \$8,500), - a Television (for \$15,000), - Australia Bank's shares (for \$5,000).

Last week he sold these assets as follows: - an engagement ring which cost \$6,000 - a ceramic antique vase (for \$1,000), - a painting (for \$2,500), - a Television (for \$11,000) and - Australia Bank's shares (for \$25,000)

Calculate his net capital gain or net capital loss for the year.

Computation of Capital Gain or Losses:

Engagement Ring: Capital Gain = 6,000 - 5,000

= \$1,000

Ceramic Antique Vase: Capital Loss = \$1,000 - 3,000

= (\$2,000)

Painting:Capital Loss = \$2,500 - 8,500

= (\$6,000)

Television: Capital Loss = \$11,000 - 15,000

= (\$4,000)

(losses ondisposal of personal useassets are not allowable as per s 108-20 ITAA1997)

Australia Bank's shares:Capital Gain = 25,000 - 5,000

= \$20,000

Computation of net capital gain or loss on Collectibles:

Loss on sale of Antique vase = \$2,000

Loss on sale of Painting = \$6,000

Net Collectible Loss to be carried forward = \$8,000

Any Collectible losses cannot be set off against ordinary gains like sale of shares or personalassets and can only be offset against capital gains from sale of collectibles as per s 108-10 ofITAA97.

Computation of net capital gain or loss on Ordinary Assets:

Gain on sale of Shares = \$20,000

Gain on sale of engagement ring = \$1,000

Being the only gain on disposal of ordinary assets and no current year ordinary capital losses inthe case, the net capital gain for the current year shall be \$21,000.