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Income Tax Assessment Year 2006-2007 onwards India - Fringe Benefits - Definition and Scope of Applicability. Benefit From A Free Kaytek Business Assistance Service |
Fringe Benefit Definition The Finance Bill 2005 - Section 115WB (1) defines Fringe Benefits as follows : (a) Any privilege, service, facility or amenity, directly or indirectly, provided by an employer to his employees (including former employee or employees) by reason of their employment; or (b) Any reimbursement, directly or indirectly, made by the employer to his employees for any purpose; (c) Any free or concessional ticket provided by the employer for private journeys of the employees and their family members; and (d) Any contribution by the employer to an approved superannuation fund. |
Note : The privilege, service, facility or amenity does not include perquisites in respect of which tax is paid or payable by the employee or any benefit or amenity in the nature of free or subsidised transport or any such allowance provided by the employer to its employees for journeys by the employees from Their residence to the place of work or Such place of work to the place of residence. Scope of Applicability of Fringe Benefit Tax (FBT) Who is liable to pay FBT ? The liability to pay Fringe Benefit Tax arises whenever there is an employer-employee relationship. |
Who is an employer ? Under FBT, an employer could be any of the following A company, a firm, an association of persons or a body of individuals, a local authority and every artificial judicial person. Who is NOT liable to pay FBT ? Individuals, Sole Proprietorship Concerns and HUFs (Hindu Undivided Families) are exempt from Fringe Benefit Tax. Trusts or Institutions continuing to remain eligible for exemption under Section 10(23C) or remaining registered under Section 12AA of the Income Tax Act need not pay Fringe Benefit Tax. |
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