I am pleased to announce that the Government has reached agreement with the Australian Democrats on the passage of the legislation giving effect to the FBT capping measure. The details are included in my correspondence with the Leader of the Australian Democrats (attached).
In its tax reform package A New Tax System(ANTS), the Government announced a measure designed to stop over use of the current open-ended concessional FBT treatment available to public benevolent institutions and certain other not-for-profit organisations. ANTS noted that, from 1 April 2000, a cap would be imposed on the value of concessionally-treated fringe benefits which could be provided to employees of these organisations.
Although the Australian Labor Party went to the last election with a policy supporting a cap, the Opposition would not support the A New Tax System (Fringe Benefits) Bill 2000.
The Governments agreement with the Australian Democrats involves increasing the level of the cap applying to charities and certain other non profit organisations to $30,000 of grossed up taxable value per employee, effective from 1 April 2001. The Government has further agreed to review the level of the cap from time to time in the light of general salary movements.
The Government believes that the $30,000 cap continues to provide a generous concession to these employers.
The cap to apply to public and not-for-profit hospitals will be $17,000 of grossed up taxable value per employee, effective from 1 April 2000. To assist with the transition to the $17,000 cap, the Government will provide grants to public hospitals, through the States, of $88 million in 2000-01, $80.5 million in 2001-02 and $72 million in 2002-03. By reducing to zero in 2003-04, the grant will effectively phase out over the life of the current Medicare agreement.
Applying a $17,000 cap to public and not-for-profit hospitals is justified on fairness grounds, given that the public health sector represents a significant component of the health industry overall and competes with the for-profit health sector for qualified staff.
In addition, the Government will provide a concession to charities and non-profit hospitals operating in regional areas, by exempting from FBT housing benefits provided by employers located at least 100 kilometres from a population centre of 130,000 or more. The definition of a regional area embodied in this measure is broader than the existing definition of remote area for FBT purposes. This measure will significantly assist charitable institutions and non-profit hospitals in regional areas in attracting and retaining quality professional staff. The exemption will take effect from 1 April 2000.
The Government has also agreed to the establishment of an independent inquiry into definitional issues relating to charities, churches and not-for-profit organisations. The intention will be for the inquiry to be completed by the end of this year. The Government will consult further with the Australian Democrats on the terms of reference for the inquiry.