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ANTONY_XAVIER
14

Dear All,

Please find enclosed a FAQ released by finance ministry regarding FBT. A

short one page version is below.

The Union Finance Ministry has finally cleared the doubts regarding the

fringe benefit tax (FBT). In a comprehensive clarificatory circular

issued by the Ministry on Monday, it has sought to clear the doubts

about what exactly will fall under FBT purview and what's not. The Ministry has issued a whole list of FAQ (frequently asked questions)about the new tax, which was introduced in Budget 2005.

As per the original definition, FBT is defined as is a tax levied on non-salary type benefits provided by the company to its staff. It is atax on the benefit provided to an employee or his associate in respectof his employment. It is the employer who is liable to pay FBT not the employee. But this had raised a lot of doubts from several employers on

what elements of expenses attract the tax. The new 39-page note seeks to

quell the doubts.

What's exempt

* Non-transferable food vouchers used in eating joints or outlets.

* Discounts and rebates to wholesale dealers and customers.

* Incentives to distributors for achieving sales targets.

* Medical reimbursement up to Rs 15,000 by the employer.

* Contribution to approved gratuity fund or provident fund.

* Value of shares, debentures or warrants allotted to employees under

any Employees Stock Option plan.

* A Section 25 company (set up for charitable purposes, etc) would be

outside the purview of the tax, if the income is exempt under section 10

(23C) or if the company is registered under section 12AA of the

Income-Tax Act.

* Law firms having retainer-relationship arrangements.

* Children's education allowance

* Transport allowance up to Rs 800.

* Selling commission and brokerages to direct marketing agents.

* Wholesale and retail margins.

* Incentives given to dealers.

* Credit card bonus points.

And what's taxed

* Leave travel concession or assistance not included within 'salary'.

* Entertainment including amusement, exhibition, performance, game or

sport.

* Expenditure on brand, brand ambassador, celebrity endorsement.

* Expenditure incurred on hotel stay, air tickets to customers/clients.

* Applicable to liaison offices of foreign companies in India if they

employ people here.

* Reimbursement of expenditure on books and periodicals to employees.

* Expenditure on meetings/get-togethers of employees and families on

non-festival occasions (including annual day).

* 50 per cent of expenses on guesthouses, conferences and company clubs

are perks.

* 10 per cent of telephone expenses of employees.

* 20 per cent of fuel expenses of employees.

Regards

From India, Madras
anila_ms@yahoo.com
Hi Antony, Thank you for the info. For those who are interested in extensive reading find attached the document released by CBDT. Regards Anu
From India, Bangalore
Attached Files (Download Requires Membership)
File Type: pdf fbtax-cbdt_171.pdf (115.9 KB, 180 views)

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