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FRINGE BENEFITS TAX ASSESSMENT ACT 1986 - SECT 153

Residual benefits to include provision of property in certain circumstances

    For the purposes of this Act, where:

  (a)   a person carries on a business that consists of, or includes, the entering into of contracts for the provision of property together with the provision of residual benefits;

  (b)   the person provides property (other than food or drink) and residual benefits to another person;

  (c)   but for this section, the provision would constitute a property benefit and a residual benefit; and

  (d)   the provision is made in the same, or substantially the same, circumstances as a provision of the kind mentioned in paragraph   (a);

the provision of the residual benefit shall be taken to include the provision of the property and the provision of the property shall not be taken to constitute a property benefit.


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