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.
Who pays fringe benefit tax?
Under the proposed provisions, fringe benefit tax is payable by an employer who is either an individual or a Hindu undivided family engaged in a business or profession; a company; a firm; an association of persons or a body of individuals; a local authority; a sole trader, or an artificial juridical person.
The tax is payable in respect of the value of fringe benefits provided or deemed to have been provided by an employer to his employees during the previous year.
The value of fringe benefits so calculated, is subject to additional income tax in respect of fringe benefits at the rate of thirty per cent, as provided in section 115WA.
The fringe benefit tax is payable by the employer even where he is not liable to pay income-tax on his total income computed in accordance with the other provisions of this Act.
The benefit does not have to be provided by the employer directly for him to attract fringe benefit tax. fringe benefit tax may still be applied if the benefit is provided by a third party or an associate of the employer or by under an arrangement with the employer.
Answered by
Ashwani
, an ibibo Master,
at
6:04 PM on September 22, 2008