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The ATO has issued a Decision Impact Statement in relation to the AAT decision in Lake Fox Limited and FCT [2012] AATA 265; 2012 ATC 10-248.

The case concerned whether a benefit provided by an employer to its employees (the payment of the employees' private health insurance premium) was an exempt benefit under s 58M of the Fringe Benefits Tax Assessment Act 1986 (FBTAA).

The AAT held that no part of the payments made by the employer for its employee's health insurance was exempt under s 58M of the FBTAA.

The ATO says that the AAT's conclusions on the application of the FBT exemption to the taxpayer's expenditure on private health insurance, under s 58M(1) and s 58M(2), are consistent with the ATO's submissions in the case.


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