The charity FBT exemption
Section CX 25 of the Income Tax Act 2007 exempts registered charities from FBT on benefits provided to employees while they are carrying out the charity's charitable, benevolent, cultural, or philanthropic activities. This is much broader than other FBT exemptions and reflects the policy that charity resources should not be diverted to administrative tax compliance for genuinely mission-related work. A car used by a charity employee for outreach work, employer-paid parking at a hospice, or accommodation provided to a relief worker are all FBT-exempt.
The two main exceptions
1. Short-term charge facilities
Section RD 39 carves out short-term charge facilities from the charity exemption. A short-term charge facility is an arrangement that lets the employee obtain goods or services unconnected with the charity's operations, where the charity pays the bill. Examples:
- Business credit cards used for personal purchases
- Pre-loaded store cards (Farmers, Countdown, Z petrol vouchers)
- Open-loop gift cards (Prezzy Card)
- Charity-paid utility accounts in the employee's name
FBT applies if the cumulative annual value to a single employee exceeds the lesser of $1,200 OR 5% of the employee's gross salary or wages for the tax year. Once the threshold is breached, FBT applies on the FULL value of the charge facility benefits (not just the excess), similar to the all-or-nothing nature of the standard de minimis rule.
For a $30,000 salary employee, 5% is $1,500, so the threshold is the lesser amount of $1,200. For a $20,000 salary employee, 5% is $1,000, so the threshold is $1,000. The 5% test only matters for low-paid employees.
Employment-related loans (such as advances against salary) are specifically excluded from the short-term charge facility definition.
2. Non-charitable business
If a charity operates a business outside its charitable purpose (such as a charity that runs a commercial trading arm or rents out commercial property), benefits provided to employees of that business are subject to standard FBT rules. The same charity car used by a fundraising volunteer is FBT-exempt; used by the manager of the charity's bookshop business it is FBT-taxable.
What stays exempt
- Vehicles provided to charity employees for use during charitable activities
- Accommodation provided to charity employees in connection with their work
- Insurance premiums paid for charity workers
- Subsidised meals at the charity's facilities
- Recognition gifts of low value (still subject to standard de minimis as a sanity check)
- Health and safety related benefits (vaccinations, eye tests, PPE)
Charity status and deregistration
The exemption applies only while the charity is registered with Charities Services. If the charity is deregistered or voluntarily wound up, the exemption ends from the date of removal from the register. If the charity fails to comply with its own constitution, the exemption ends from the date of non-compliance. There is no back-dating, but FBT becomes payable from the next quarter or income year onwards, requiring the charity to register for FBT and start filing returns.
Sources
This calculator provides an estimate only. Always verify your treatment with a tax adviser or refer to ird.govt.nz. Charities operating both charitable and commercial activities should keep clear records distinguishing benefits provided in each context.
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