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ATO Interpretative Decision

ATO ID 2001/309 (Withdrawn)

Fringe benefits tax
Fringe Benefits Tax : Child Care Facility Exemption

Attention This ATO ID is withdrawn as it is a straightforward application of the law and does not contain an interpretative decision.
Attention This document has changed over time. View its history.
FOI status: may be released
Status of this decision: Decision withdrawn 12 March 2018.

CautionCAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

This ATOID provides you with the following level of protection:

If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.


Issue

Whether the provision of a benefit that consists of the care of a child who is six years of age or older, in an after school facility which is ready to receive children under the age of six and is located on an employer's premises, is an exempt residual benefit under subsection 47(2) of the Fringe Benefits Tax Assessment Act 1986 (FBTAA).

Decision

Yes. A benefit that consists of the care of a child who is six years of age or older, in an after school facility which is ready to receive children under the age of six and is located on an employer's premises, is an exempt residual benefit under subsection 47(2) of the FBTAA.

Facts

The employee is a current employee.

After school care is provided to the employee's child who is six years of age.

The after school care facility is located on the employer's premises and is a facility that is ready to receive children under the age of six.

Reasons for Decision

The exemption under subsection 47(2) of the FBTAA applies to a residual benefit that consists of the provision of care of children of a current employee in a child care facility that is located on business premises of the employer.

Subsection 136(1) of the FBTAA defines " child " as in relation to a person, includes an adopted child, a step-child or an ex-nuptial child of the person.

Subsection 136(1) of the FBTAA defines " child care facility " as a facility at which a person receives, or is ready to receive two or more children under the age of six, for the purpose of minding or caring without provision for residential care.

The age of any particular child attending the centre is irrelevant, as the definition of a "child" does not mention any age. As long as the centre meets the requirements of a "child care facility", the concession would apply regardless of the age of any particular child being cared for. The facility qualifies even if it is empty or there are no children attending who are under the age of six however the facility must be ready to receive a minimum of two children under six years of age. This means that the centre must have available staff and facilities which are required under applicable State and Territory legislation in order to be licensed to provide care to two or more children under six years of age.

Consequently, where a "child" (as defined) is cared for in a "child care facility" (as defined), the benefit would be an exempt residual benefit under subsection 47(2) of the FBTAA.

Date of decision: 30 May 2000

Legislative References:
Fringe Benefits Tax Assessment Act 1986
   Subsection 47(2)
   Subsection 136(1)

Keywords
Fringe Benefits Tax
Fringe Benefits
Residual Benefits
Exempt Residual Benefits
Child
Child care facility

Business Line: Private Groups and High Wealth Individuals

Date of publication: 8 September 2001
Date reviewed: 20 November 2014

ISSN: 1445-2782

ATO ID 2001/309 (Withdrawn) history   Top  
   Date   Version 
   30 May 2000   Original statement   
 You are here ®  12 March 2018   Withdrawn   


 


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