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TR 2001/10 and salary sacrifice arrangements while employees are on leave

Author: National Institute Of Accountants,Law Council Of Australia,Taxation Institute Of Australia,Cpa Australia,Taxpayers Australia Inc,Institute Of Chartered Accountants In Australia

Published Date: 23 Nov 2001

 

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Item 6.1 of the minutes of the 15 November 2001 meeting of the FBT Sub Committee of the NTLG records the concern expressed by all of the professional bodies about the ATO's interpretation of paragraphs 89 and 90 of TR 2001/10. Also relevant are paragraphs 23 and 27.

In essence, it seems that the ATO's view is that for there to be an effective salary sacrifice arrangement (SSA), when an employee is on paid leave, the mix of salary and benefits provided must reflect the mix of salary and benefits provided during the period in which the leave accrued, not the mix of salary and benefits agreed for the year or period in which the leave is actually taken.

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  • Published By:National Institute Of Accountants,Law Council Of Australia,Taxation Institute Of Australia,Cpa Australia,Taxpayers Australia Inc,Institute Of Chartered Accountants In Australia
  • Published On:23 Nov 2001

The material is copyright. Apart any fair dealing for the purpose of private study,

research critisism or review, as permitted under the copyright Act, no part may be rerpoduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

This material is copyright. Apart from any fair dealing for the purpose of private study., research, critisism or review, as permitted under teh copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opininons are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

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