Avoiding penalties on presents and parties

Tamara MacNellie • December 5, 2024

Christmas can be a tricky time when it comes to tax and there are lots of ways your business might land an unexpected tax bill.

The staff Christmas party isn’t the only potential tax trap, gifts for clients and employees should also be carefully considered.


If you decide to give your employees a Christmas present, the easiest way to avoid tax is to ensure the gift is less than $300 (inclusive of GST) and is classed as a minor benefit by the Australian Taxation Office (ATO).


If your gift meets all the criteria, the ATO will consider it exempt from Fringe Benefits Tax (FBT). Otherwise, the gift will be subject to FBT at the rate of 47 per cent.

To qualify for this exemption, the gift must be given on an infrequent or irregular basis – so no weekly lunches or multiple gift vouchers – and it must not be a reward for service.


Examples of minor benefit exemption non-entertainment gifts could include Christmas hampers, gift baskets, a department store gift card or voucher, skincare and beauty products, sealed bottles of alcohol and flowers.


If you decide it’s all too hard and give your employees a cash bonus instead, you will not have to pay FBT on the amount, but be aware that your employee will pay income tax on it.


Employee gifts that may attract tax

One of the best ways to avoiding tax problems when it comes to employee gifts is to skip any that are classed as entertainment by the ATO. That includes gifts like restaurant meals and tickets to movies or the theatre, sporting events or concerts.


Other gifts classed as entertainment include accommodation, travel and flights that are not for work and annual gym memberships. (These are classified as recreational entertainment.)


If entertainment-type gifts cost less than $300 (inclusive of GST) FBT is not payable, but you are unable to claim a tax deduction for the cost or claim the GST input credits.


Gifts to others

It’s worth remembering the FBT minor benefits exemption for gifts costing less than $300 also applies to any gifts provided to customers and associates (such as employees’ partners).


Entertainment gifts provided to clients over the holiday season are not subject to FBT, but there is no tax deduction allowed and the GST input credit cannot be claimed.


Although you may consider treating yourself (or a family member not involved in the business) to a Christmas gift, you can’t use the tax rules to do it. Private gifts are not tax deductible.


If you operate as a sole proprietor or a partner in a partnership, you can’t be your own employee, so you are not eligible for these employee benefits.


FBT and your Christmas party

If you plan to hold a work Christmas party for employees or clients, keep an eye on the tax rules so that you don’t find yourself facing a hefty tax bill.


You don’t pay FBT on the cost of the food and drink if your party is only for current employees and is held on a working day.


It’s a slightly different rule if the party is held off-site at say, a local club or restaurant. There’s no FBT if the party includes employees and their friends or partners, and the cost per person is under $300 and is considered a minor benefit. But FBT will apply if it costs more than $300 per person.


You don’t pay FBT for any costs relating to clients.


A tax deduction and GST credits can be claimed for the costs relating to employees and any family, but they cannot be claimed for the costs involved with any clients in attendance, as their benefit is not subject to FBT.


If you would like more information about the potential tax traps around Christmas, call us today.

By Nikki Ashurst • November 2, 2026
Many Australians don't know how their super fund has performed or what it invests in. Are you one of them? Here's what to check and why it matters. Do you know how your super fund performed over the last two years? Many Australians don’t and are working towards their financial future without fully understanding one of their most important assets and without a clear plan for how their super may support them in retirement. That's not surprising, as many people view super as something that should run quietly in the background while they're busy with careers, families and everything else that life throws at them. But when you’re not sure what’s happening behind your balance, it’s harder to know whether you’re on track, whether your current approach reflects your goals or what opportunities might be available to help you make the most of what you’ve built so far. Your super isn't sitting in an account, it's invested Super is invested by a fund on your behalf across a mix of assets, with those investments working to grow your balance over time. Those include: Shares Ownership in Australian and international publicly listed companies. Their value can rise and fall, sometimes substantially over short periods but shares can provide capital growth over the long term. Property and infrastructure Real assets like office buildings, shopping centres, airports and energy networks. They can produce income and don't always behave in the same way as share markets, helping diversify investment holdings. Fixed interest and bonds Lending to governments and companies in return for interest. They can provide regular income and be steadier than shares, although returns and risk vary depending on the investment. Cash Generally, the most stable and lowest risk investment type. It can provide stability and faster access to money but typically offers lower longer term return potential. The investment option you choose determines the mix of assets held in your super based on your risk appetite. Most super funds offer options from conservative to high growth. If you’re young, a growth option with a higher exposure to growth assets like shares could offer higher returns over time – but it also comes with higher risk. As retirement nears, you might want to consider a more conservative approach with more defensive assets, like bonds for example to protect your savings. If you've never made a choice, you're probably in your fund's default option, which is designed to suit a broad membership. It’s worth knowing whether the mix you're in matches your circumstances and goals, including how far you are from retirement. Why performance alone is not a true comparison If you're thinking about how your super compares, returns are often where people start. The trouble is that a return figure means nothing without context: What it's being compared to Growth and conservative options invest differently and with different levels of risk. Compare like with like or the comparison may not be genuine. The comparison period A single year can be heavily influenced by short term market conditions. Super is measured in decades, so five, seven and ten year returns tell you far more about whether a fund is consistently doing its job, albeit not a predictor of future performance. Fees and tax Published returns should reflect investment fees, costs and tax but administration fees may be charged separately from your balance. Two funds quoting the same return can leave you in meaningfully different places once all fees are accounted for. Then there are the things that returns can't show you at all. For example, what insurance is attached to your account and what it's costing you, whether the fund offers guidance, tools and advice or simply sends a statement once a year. Another consideration maybe the level of support available when you need it. When comparing funds, it's worth looking at the full picture, including performance, fees, investment options, retirement support and member benefits. What today’s decisions mean tomorrow To understand how your super stacks up, start here: Find your investment option It's on your annual statement and in your online account. Look at what's in it Your fund publishes the asset allocation (shares, cash etc.) for each investment option. Check the long-term return for that option Focus on five and ten year returns, not just last year and compare them with equivalent options. Understand the total cost Add together administration fees, investment fees and insurance premiums as an annual dollar figure. Comparing super is about working out which option will perform best for you. Before you jump in, it’s worth understanding what's behind the numbers so you can make decisions based on more than a headline return. Knowing where you stand is the first step A super balance tells you where you are today. Understanding how your super is invested, how it compares and whether it's aligned with your goals helps show whether you're heading in the right direction. Source: MLC The information in this article does not take into account your objectives, needs and circumstances. We recommend that you obtain investment and taxation advice specific to your investment objectives, financial situation and particular needs before making any investment decision or acting on any of the information contained in this document. Subject to law, Capstone Financial Planning nor their directors, employees or authorised representatives gives any representation or warranty as to the reliability, accuracy or completeness of the information; or accepts any responsibility for any person acting, or refraining from acting, on the basis of the information contained in this document. Principal Wealth Management Pty Ltd trading as BMO Financial Solutions ABN 53 109 336 601 is a Corporate Authorised Representative (CAR 277821) of Capstone Financial Planning Pty Ltd ABN 24 093 733 969 Australian Financial Services Licence (AFSL) No. 223135.
By Jude Schofield • October 7, 2026
More Australians are choosing to take direct control of their retirement savings by establishing a self-managed super fund (SMSF) and according to the SMSF Association, Aussies now see their super as an important part of building and managing their overall wealth.