Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Laws Amendment (Electric
Car Discount) Bill 2022
No. , 2022
(Treasury)
A Bill for an Act to amend the Fringe Benefits Tax
Assessment Act 1986 to exempt benefits relating to
cars that are zero or low emissions vehicles, and for
other purposes
No. , 2022
Treasury Laws Amendment (Electric Car Discount) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Electric car discount: exemptions from fringe
benefits tax
3
Fringe Benefits Tax Assessment Act 1986
3
No. , 2022
Treasury Laws Amendment (Electric Car Discount) Bill 2022
1
A Bill for an Act to amend the Fringe Benefits Tax
1
Assessment Act 1986 to exempt benefits relating to
2
cars that are zero or low emissions vehicles, and for
3
other purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Treasury Laws Amendment (Electric Car Discount)
7
Act 2022
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Treasury Laws Amendment (Electric Car Discount) Bill 2022
No. , 2022
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The first 1 January, 1 April, 1 July or
1 October to occur after the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Electric car discount: exemptions from fringe benefits tax
Schedule 1
No. , 2022
Treasury Laws Amendment (Electric Car Discount) Bill 2022
3
Schedule 1--Electric car discount:
1
exemptions from fringe benefits tax
2
3
Fringe Benefits Tax Assessment Act 1986
4
1 At the end of Subdivision A of Division 2 of Part III
5
Add:
6
8A Exempt car benefits: cars that are zero or low emissions vehicles
7
(1) A car benefit is an exempt benefit in relation to a year of tax if:
8
(a) the benefit is provided in the year of tax in respect of the
9
employment of a current employee; and
10
(b) the car is a zero or low emissions vehicle when the benefit is
11
provided; and
12
(c) no amount of luxury car tax (within the meaning of the
13
A New Tax System (Luxury Car Tax) Act 1999
) has become
14
payable on a supply (within the meaning of that Act) or
15
importation (within the meaning of that Act) of the car before
16
the benefit is provided.
17
(2) A
zero or low emissions vehicle
is:
18
(a) a battery electric vehicle; or
19
(b) a hydrogen fuel cell electric vehicle; or
20
(c) a plug-in hybrid electric vehicle.
21
(3) A
battery electric vehicle
is a motor vehicle that:
22
(a) uses only an electric motor for propulsion; and
23
(b) is fitted with neither a fuel cell nor an internal combustion
24
engine.
25
(4) A
hydrogen fuel cell electric vehicle
is a motor vehicle that:
26
(a) uses an electric motor for propulsion; and
27
(b) is equipped with a fuel cell for converting hydrogen to
28
electricity; and
29
(c) is not fitted with an internal combustion engine.
30
(5) A
plug-in hybrid electric vehicle
is a motor vehicle that:
31
Schedule 1
Electric car discount: exemptions from fringe benefits tax
4
Treasury Laws Amendment (Electric Car Discount) Bill 2022
No. , 2022
(a) uses an electric motor for propulsion; and
1
(b) takes and stores energy from an external source of electricity;
2
and
3
(c) is fitted with an internal combustion engine for either or both
4
of the following:
5
(i) the generation of electrical energy;
6
(ii) propulsion of the vehicle.
7
2 Subsection 53(1)
8
After "subsection 8(2)" insert "or section 8A".
9
3 At the end of section 135P
10
Add:
11
Exempt car benefits for zero or low emissions vehicles are included
12
(3) In working out the employee's individual fringe benefits amount
13
for the purposes of this section, disregard section 8A (Exempt car
14
benefits: zero or low emissions vehicles).
15
4 Paragraph 135Q(1)(c)
16
Omit "apart from those sections,", substitute "apart from those sections
17
and section 8A,".
18
5 Subsection 135Q(1) (at the end of the note)
19
Add "Section 8A exempts car benefits for zero or low emissions
20
vehicles.".
21
6 Subsection 136(1)
22
Insert:
23
battery electric vehicle
has the meaning given by subsection 8A(3).
24
hydrogen fuel cell electric vehicle
has the meaning given by
25
subsection 8A(4).
26
plug-in hybrid electric vehicle
has the meaning given by
27
subsection 8A(5).
28
Electric car discount: exemptions from fringe benefits tax
Schedule 1
No. , 2022
Treasury Laws Amendment (Electric Car Discount) Bill 2022
5
zero or low emissions vehicle
has the meaning given by
1
subsection 8A(2).
2
7 Application of amendments
3
(1)
The amendments of the
Fringe Benefits Tax Assessment Act 1986
made
4
by this Schedule apply to benefits provided on or after 1 July 2022.
5
(2)
Section 8A of the
Fringe Benefits Tax Assessment Act 1986
applies to a
6
car benefit only if the earliest time when a person both held and used
7
the car was at or after the start of 1 July 2022.
8