The tax payable on a non-salary benefit provided to an employee or an associate of the employee. The employer is liable to pay any FBT and may choose to recover the FBT amount from the employee.
The taxation of perquisites -- or fringe benefits -- provided by an employer to his employees, in addition to the cash salary or wages paid, is fringe benefit tax.
Any benefits -- or perks -- that employees (current or past) get as a result of their employment are to be taxed, but in this case in the hands of the employer.
This includes employee compensation other than the wages, tips, health insurance, life insurance and pension plans.
Fringe benefits as outlined in section 115WB of the Finance Bill, mean any privilege, service, facility or amenity directly or indirectly provided by an employer to his employees (including former employees) by reason of their employment.
They also include reimbursements, made by the employer either directly or indirectly to the employees for any purpose, contributions by the employer to an approved superannuation fund as well as any free or concessional tickets provided by the employer for private journeys undertaken by the employees or their family members.
As per the Finance Bill, fringe benefits shall be deemed to have been provided if the employer has incurred any expense or made any payment for the purposes of:
* (a) entertainment;
* (b) festival celebrations;
* (c) gifts;
* (d) use of club facilities;
* (e) provision of hospitality of every kind to any person whether by way of food and beverage or in any other manner, excluding food or beverages provided to the employees in the office or factory;
* (f) maintenance of guest house;
* (g) conference;
* (h) employee welfare;
* (i) use of health club, sports and similar facilities;
* (j) sales promotion, including publicity;
* (k) conveyance, tour and travel, including foreign travel expenses;
* (l) hotel boarding and lodging;
* (m) repair, running and maintenance of motor cars;
* (n) repair, running and maintenance of aircraft;
* (o) consumption of fuel other than industrial fuel;
* (p) use of telephone;
*
(q) scholarship to the children of the employees.
In cases where the employer is engaged in the business of carriage of passengers or goods by motor car or by aircraft, a lower percentage of expenses on repair, running and maintenance of motor cars or aircrafts or fuel expenses has been specified.
Similarly, for hotels, a lower percentage of the expenses incurred on hospitality has been specified for purposes of calculating the liability under the fringe benefit tax.
An employer liable to pay fringe benefit tax is required to furnish a return of fringe benefits before the due date as given in section 115WD.
Section 115WE outlines the procedure for the assessment of the return of fringe benefits filed by the employer and the determination of tax or interest payable or refund due and in either case the issue of intimation to that effect.
Answered by
Nagendra
, an ibibo Master,
at
8:47 AM on September 20, 2008