Question
Jane is the Director and part owner of Truffles Pty Ltd (TPL), a private company which sources truffles in regional New South Wales to supply
Jane is the Director and part owner of Truffles Pty Ltd (TPL), a private company which sources truffles in regional New South Wales to supply restaurants in the Sydney metropolitan region. On 1 May 2022, TPL purchased a new car for Jane so that she could travel to meet truffle growers and to client premises in Sydney. The car cost $60,000 (GST inclusive) and was used predominantly for work purposes. However, Jane occasionally used the car on weekends to travel to her country farm house near Mudgee. TPL also installed a mobile phone holder in the car which cost $100. This enabled Jane to use the phone while driving. Jane kept a log book and personally paid for running expenses of the car such as petrol and repairs. However, these were reimbursed by TPL. The particulars for the year regarding the car and for which invoices are retained: Stamp duty $420 Registration & Insurance $1000 Petrol and oil $1,880 Repairs & Maintenance $700 Total kilometres travelled (as per log book) 40,000 kms Business kilometres travelled 32,000 kms Sometimes Jane had to pay for parking when visiting a clients premises. She kept invoices of the expense which is then reimbursed by TPL. The total cost for parking for the year was $650. TPL also pays the school fees for Janes daughter who attends an exclusive private girls school. The school fees for the year were $20,000. When she was entertaining at home, Jane would sometimes take truffles to use in preparing meals for her guests. Throughout the year, she purchased a total of 200g of truffles and paid $200. The truffles cost $100 per 100g to buy from producers and usually retail at $300 per 100g. On 1 October 2022, TPL provided a loan of $500,000 to Jane at the rate of 1% pa. Jane used $300,000 of the loan to renovate her holiday house in Mudgee and the remaining $200,000 was used to purchase shares on the stock market. Interest on a loan to purchase income-producing assets is deductible. Following resolution at the companys Annual General Meeting in June 2022, TPL changed its articles of association to prohibit company loans to employees. Required: Advise about the fringe benefits tax liability for the current FBT tax year. Your answer should show relevant calculations and be clearly supported by references to relevant legislation, case law or tax rulings. It must also explain who must pay the FBT liability.
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