NO.022
Fringe Benefits Tax: Charities and Non Profit Organisations
I am pleased to announce that the Government has reached agreement with the Australian
Democrats on the passage of the legislation giving effect to the FBT capping measure. The
details are included in my correspondence with the Leader of the Australian Democrats
(attached).
In its tax reform package A New Tax System(ANTS), the Government announced a
measure designed to stop over use of the current open-ended concessional FBT treatment
available to public benevolent institutions and certain other not-for-profit
organisations. ANTS noted that, from 1 April 2000, a cap would be imposed on
the value of concessionally-treated fringe benefits which could be provided to employees
of these organisations.
Although the Australian Labor Party went to the last election with a policy supporting
a cap, the Opposition would not support the A New Tax System (Fringe Benefits) Bill
2000.
The Governments agreement with the Australian Democrats involves increasing the
level of the cap applying to charities and certain other non profit organisations to
$30,000 of grossed up taxable value per employee, effective from 1 April 2001. The
Government has further agreed to review the level of the cap from time to time in the
light of general salary movements.
The Government believes that the $30,000 cap continues to provide a generous concession
to these employers.
The cap to apply to public and not-for-profit hospitals will be $17,000 of grossed up
taxable value per employee, effective from 1 April 2000. To assist with the transition to
the $17,000 cap, the Government will provide grants to public hospitals, through the
States, of $88 million in 2000-01, $80.5 million in 2001-02 and $72 million in 2002-03. By
reducing to zero in 2003-04, the grant will effectively phase out over the life of the
current Medicare agreement.
Applying a $17,000 cap to public and not-for-profit hospitals is justified on fairness
grounds, given that the public health sector represents a significant component of the
health industry overall and competes with the for-profit health sector for qualified
staff.
In addition, the Government will provide a concession to charities and non-profit
hospitals operating in regional areas, by exempting from FBT housing benefits provided by
employers located at least 100 kilometres from a population centre of 130,000 or more. The
definition of a regional area embodied in this measure is broader than the existing
definition of remote area for FBT purposes. This measure will significantly assist
charitable institutions and non-profit hospitals in regional areas in attracting and
retaining quality professional staff. The exemption will take effect from 1 April 2000.
The Government has also agreed to the establishment of an independent inquiry into
definitional issues relating to charities, churches and not-for-profit organisations. The
intention will be for the inquiry to be completed by the end of this year. The Government
will consult further with the Australian Democrats on the terms of reference for the
inquiry.
Contact: Geoff Miller (02) 6216 1483
0417 667 457
Letter from Peter Costello to Meg Lees 13/04/2000
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Letter from Meg Lees to Peter Costello 13/04/2000
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Letter from Peter Costello to Meg Lees 13/04/2000
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