Other
ALAFHA - Hancox and FCT (2012) AATA 836
In this case, the AAT ruled in favour of the Commissioner and held that the taxpayer was paid a LAFHA and not a travel allowance by his employer.
The taxpayer (Mr Hancox) was an employee working on a FIFO basis in Port Hedland. His usual place of residence was Adelaide. He was flown by his employer out of Port Hedland to Perth every 4 weeks. He also claimed a substantial amount as a deduction for work-related travel expenses representing airfares paid by him between Perth and Adelaide.
Mr Hancox contended that his employer incorrectly classified the allowance paid to him as a LAFHA because the period he was required to live away from home was very close to the ’21 days’ mentioned in the tax ruling MT 2030. The Court held that this was not conclusive and ruled that the payment amounts didn’t constitute a travel allowance. As the amounts were characterised as LAFHA, the taxpayer was subsequently denied the deductions claimed for the travel expenses.
PCG 2016/10 simplified approach for calculating car fringe benefits on fleet cars
The Commissioner provided this Guideline as it has been recognised that compliance with the record-keeping requirements of the operating cost method can be difficult and time-consuming for employers with large fleets. The PCG sets out an optional, simplified approach to working out the business use percentage component of the operating cost method for employers with a fleet of 20 or more cars.
Required to change usual place of residence: The Commissioner advised that if an employee changes their usual place of residence to be closer to where they perform the duties of their employment, even though it is not required by the employer, the employee will be regarded as being ‘required’ to change their usual place of residence to perform their duties of employment for the purposes of accessing the exemption for certain relocation expense and residual benefits under section 58B (and similarly sections 58AA, 58C, 58D, 61C, and 143A).
The Commissioner contrasted this view with the decision in the case Re Compass Group (Vic) Pty Ltd v FC of T [2008] AATA 845, in which the Court held that the employee was not ’required’ to change their usual place of residence because the employer didn’t require the employee relocate and because the commuting distance and time were not sufficiently great to impact on the employee’s ability to carry out their duties of employment effectively .
Based on the facts in the ATO ID, the employee was considered to be ‘required’ to change their usual place of residence even though not required by the employer, as otherwise the employee would be unable to perform the employment duty effectively. The role required the employee to be on call at certain times and on duty within 2 hours of the call and the distance between their former usual place of residence and their new place of employment was so great that it wouldn’t be possible to commute between the 2 places within the required time.
ATO ID 2012/96 to 98 - Car fringe benefits
Business journeys and transport of family members: In ATO ID 2012/96 and 97, the Commissioner advised that if an employee uses a vehicle provided by the employer, on an itinerant basis, to transport a family member to their destination, during the employee’s journey from home to their work locations, the whole journey would constitute private use under the FBT Act.
In contrast, in ATO ID 2012/98, the Commissioner held that the private use of the car in the circumstances previously-described would meet the definition of excepted private use where the transportation of the family member is minor, infrequent, and irregular in nature.
Work-related electronic device exemption
From 1 April 2016, the limit of 1 work-related electronic device is extended to let employers that are small business entities provide more than 1 work-related electronic device to their employees. The FBT exemption will apply to all work-related electronic devices if the employer was a small business entity for either or both of:
the year of income starting most recently after the start of the FBT year; or
the year of income ending most recently after the start of the FBT year.
Capping and reporting of entertainment benefits
These changes mean that employers will be liable to FBT where the grossed-up value of entertainment benefits exceeds $5,000 (which equates to $2,330 in benefits that are subject to GST). However, where the employee hasn’t fully utilised the general $30,000 or $17,000 cap with other benefits, entertainment benefits can exceed the $5,000 cap to the extent of the unutilised general cap.
Airline transport
: Airline transport fringe benefits are now treated as in-house property fringe benefits or in-house residual fringe benefits. Read more about the changes
on the ATO web site.
PCG 2018/3 - Exempt car benefits and exempt residual benefits
Compliance approach to determining private use of vehicles: The ATO set out their compliance approach for 'exempt car and exempt residual vehicle' benefits in
PCG 2018/3.
The Practical Compliance Guide provides a simplified approach to determine whether private travel in
exempt vehicles can qualify as minor, infrequent, and irregular.
PCG 2018/3 Guideline applies to the 2019 and later FBT years.
Generally, FBT would be payable where an employer makes an
eligible vehicle that they hold available for the private use of its employees. However, where the private use of
exempt vehicles is limited to work-related travel and other private use is minor, infrequent, and irregular, the benefit would be considered to be an exempt benefit. An exempt vehicle is a vehicle that is generally not designed to carry passengers (such as panel vans, utility vehicles (single cab and certain dual cab utes) and other commercial vehicles).
You can rely on this PCG if your employees use their vehicle to travel:
between their home and their place of work, and any diversion adds no more than 2 kilometers to the ordinary length of that trip;
no more than 1,000 kilometers in total for each FBT year for multiple journeys taken for a wholly private purpose; and
no single return journey for a wholly private purpose exceeds 200 kilometers during the FBT year.
Where an employee's trip has a diversion greater than 2 km that trip must be added to the 1000 km total: In addition, the vehicle must not be salary packaged and the cost of the vehicle should not exceed the luxury car threshold.
Should you choose to rely on this PCG, you don’t need to keep logbooks supporting your employee's use of the exempt vehicles to demonstrate that the private use is minor, infrequent, and irregular. You will, however, need to ensure that the relevant employees’ private use of the cars continue to meet the requirements for each year you provide the vehicle and want to rely on the Guideline.
Non-lodgment form
: If you are not lodging an FBT return this year, refer to the
non-lodgment form.
Motor vehicle - Statutory fraction method
Motor vehicle | Annualised kilometres | Statutory fraction |
Owned/leased after 10-May-2011 | Any value (new rules) | 0.20 |
Existing vehicles under "old rules" – Owned or leased on or before 10-May-2011.
| | |
Motor vehicle log book requirements - operating cost method
[s 136 “log book records”]
Maintained for a minimum continuous 12-week period
Date journey began and ended
Odometer readings at beginning and end of journey
Number of kilometres travelled during the journey
Purpose of journey
Business use percentage of log-book for the period
Car parking - statutory days
Car parking benefits arise when:
A car is parked for longer than 4 hours between 7am and 7pm
A commercial car parking station is within 1 km, and
The operator's lowest daily fee charged exceeds the car parking threshold.
Methods of valuing car parking:
Commercial parking station method – lowest commercial or public rate within 1 km radius
Market value basis – arm’s length amount
Average cost method – first and last day average of lowest fee within 1 km radius