{"id":"F2024L00335","name":"Fringe Benefits Tax Assessment (Adequate Alternative Records – Otherwise Deductible Benefits) Determination 2024","slug":"fringe-benefits-tax-assessment-adequate-alternative-records-otherwise-deductible-benefits-determinat","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442320,"registerId":"F2024L00335-fast-fetch-1775957358207","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fringe Benefits Tax Assessment (Adequate Alternative Records – Otherwise Deductible Benefits) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\nFringe Benefits Tax Assessment (Adequate Alternative Records – Otherwise Deductible Benefits) Determination 2024\n\nI, Ben Kelly, Deputy Commissioner of Taxation, make the following determination.\n\nDated  28 February 2024\n\nBen Kelly\n\nDeputy Commissioner of Taxation\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Specified matters\n\n6  Adequate alternative records\n\n1  Name\n\n  This instrument is the Fringe Benefits Tax Assessment (Adequate Alternative Records – Otherwise Deductible Benefits) Determination 2024.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 April 2024. 1 April 2024.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 123AA of the Act.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 136 of the Act, including the following:\n\n(a) expense payment fringe benefit;\n\n(b) property fringe benefit;\n\n(c) residual fringe benefit.\n\n  In this instrument:\n\nAct means the Fringe Benefits Tax Assessment Act 1986.\n\n5  Specified matters\n\n (1) For the purposes of subsection 123AA(2) of the Act, the following matters are specified:\n\n (a) the FBT year ending 31 March 2025 and all subsequent FBT years;\n\n (b) the statutory evidentiary document consisting of the declaration referred to in:\n\n (i) paragraph 24(1)(e) of the Act for an expense payment fringe benefit;\n\n (ii) paragraph 44(1)(c) of the Act for a property fringe benefit;\n\n (iii) paragraph 52(1)(c) of the Act for a residual fringe benefit;\n\n (c) the class of persons described in subsection 5(2); and\n\n (d) the alternative records described in section 6.\n\n (2) The class of persons described for the purposes of paragraph 5(1)(c) are employers reducing the taxable value of a benefit described in section 24, section 44, or section 52 of the Act, in circumstances where:\n\n (a) the employer provided an employee with an expense payment fringe benefit, property fringe benefit or residual fringe benefit;\n\n (b) the taxable value of the fringe benefit can be reduced if a once-only deduction would have been allowable to the recipient under the Income Tax Assessment Act 1997 or the Income Tax Assessment Act 1936 had they incurred the expenditure;\n\n (c) the employer was not given a declaration that satisfies the requirements, as relevant, of:\n\n  (i) paragraph 24(1)(e) of the Act;\n\n (ii) paragraph 44(1)(c) of the Act; or\n\n (iii) paragraph 52(1)(c) of the Act; and\n\n (d) the employer relies on the adequate alternative records provision contained in subsection 123AA(1) of the Act.\n\n6  Adequate alternative records\n\n (1) Records are adequate alternative records for the purposes of paragraph 5(1)(d) if they are written in English and contain the following information:\n\n (a) the name of the employee who received the benefit;\n\n (b) the dates (inclusive) on which the benefit was provided during the FBT year;\n\n (c) for an expense payment fringe benefit:\n\n (i) the nature of the expense; and\n\n (ii) the determined percentage for which the employee would have been entitled to claim an income tax deduction had they incurred the expense;\n\n (d) for a property fringe benefit:\n\n (i) the nature of the property; and\n\n (ii) the determined percentage for which the employee would have been entitled to claim an income tax deduction had they incurred the cost of the property for its market value;\n\n (e) for a residual fringe benefit:\n\n (i) the nature of the benefit; and\n\n (ii) the determined percentage for which the employee would have been entitled to claim an income tax deduction had they incurred the cost of the residual benefit for its market value.\n\n (2) The information specified in subsection 6(1) may be contained in:\n\n (a) any type of record; and\n\n (b) any number of records.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination operates exactly as intended under section 123AA of the FBT Assessment Act, which specifically provides for 'adequate alternative records' when statutory evidentiary documents (like declarations) are not obtained. The scope is appropriately narrow and procedural, dealing solely with record-keeping alternatives for the 'otherwise deductible' rule."},"complexity_factors":["Short instrument (6 sections, approximately 2 pages)","Only 1 defined term ('Act') in the instrument itself, though it references defined terms in the parent Act","Clear structure with numbered sections and subsections","Limited cross-referencing—primarily to specific sections of the Fringe Benefits Tax Assessment Act 1986 (sections 24, 44, 52, 123AA, and 136)","Simple conditional logic: if records contain specific elements (name, dates, nature, percentage), they qualify as adequate alternatives","No nested exceptions or complex provisos","Straightforward commencement table (single date)"],"plain_english_summary":"This Determination lets employers claim the \"otherwise deductible\" reduction to Fringe Benefits Tax without a signed employee declaration if they instead keep specified alternative records in English (employee name, dates, nature of benefit, and the percentage deductible). It applies to expense payment, property, and residual fringe benefits.\n\nEffective from the FBT year ending 31 March 2025, it gives employers flexibility when declarations are missing, provided records show the employee would have had a tax deduction."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument does not amend the Act but changes the administrative evidentiary rules under subsection 123AA by specifying the alternative records employers may rely on when an employee declaration is not provided. Effectively it expands the class of acceptable evidence and sets documentary requirements for employers seeking to reduce taxable value of the listed fringe benefits (see ss 5–6)."},"complexity_factors":["Cross-references to multiple provisions of the Act (subsection 123AA and sections 24, 44, 52) create dependency on the Act for operative meaning (see ss 3, 5(1)(b)).","Application is conditional on the absence of a statutory declaration, which requires checking prior compliance before the determination applies (see 5(2)(c)).","Required content includes a 'determined percentage' for deductible amounts, a term not defined within the instrument and requiring external interpretation or calculation (see 6(1)(c)–(e)).","Records must be written in English, which is a formal constraint on admissible evidence (see 6(1)).","The instrument permits any type and any number of records, increasing variability in how employers document the information (see 6(2)).","Scope is limited to benefits where a once‑only deduction would have been allowable to the employee, narrowing applicability but tying it to income tax rules (see 5(2)(b)).","Fixed commencement date creates a clear temporal boundary for application (see 2(1)).","Administrative discretion or interpretation will be required to assess whether records satisfy the stated content (e.g. adequacy of descriptions of 'nature' and the correctness of the 'determined percentage')."],"plain_english_summary":"This determination lets employers use specified written “adequate alternative records” instead of an employee’s statutory declaration to reduce the taxable value of expense payment, property or residual fringe benefits. It applies from the FBT year ending 31 March 2025. It targets employers who did not receive the required declaration; to rely on the concession they must keep English records showing employee name, dates, the nature of the benefit and a “determined percentage” for deductible portions, shifting compliance burden onto employers (see ss 5–6)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/fringe-benefits-tax-assessment-adequate-alternative-records-otherwise-deductible-benefits-determinat","history":"/api/acts/fringe-benefits-tax-assessment-adequate-alternative-records-otherwise-deductible-benefits-determinat/history","analysis":"/api/acts/fringe-benefits-tax-assessment-adequate-alternative-records-otherwise-deductible-benefits-determinat/analysis","conflicts":"/api/acts/fringe-benefits-tax-assessment-adequate-alternative-records-otherwise-deductible-benefits-determinat/conflicts","importantCases":"/api/acts/fringe-benefits-tax-assessment-adequate-alternative-records-otherwise-deductible-benefits-determinat/important-cases","documents":"/api/acts/fringe-benefits-tax-assessment-adequate-alternative-records-otherwise-deductible-benefits-determinat/documents"}}