Advice under development – FBT issues
We are developing advice and guidance on the following FBT issues.
[3863] Fringe benefits tax – car parking fringe benefits
Title
Draft Taxation Ruling
Fringe benefits tax: car parking fringe benefits
Registered
June 2017
Purpose
To update TR 96/26 to reflect contemporary commercial car parking arrangements and legal developments including the Federal Court decisions in Commissioner of Taxation v. Qantas Airways Ltd [2014] FCAFC 168; 2014 ATC 20-477 and Virgin Blue Airlines Pty Ltd v. Commissioner of Taxation [2010] FCAFC 137; 2010 20-226; 81 ATR 85.
Feedback received from stakeholder consultation that occurred last year has been reviewed and the issues identified for suitable inclusion as part of the update will be incorporated into the rewrite of TR 96/26.
Expected completion
To be advised
[3893] Fringe benefits tax – definition of taxi
Issue
The ATO is consulting on the definition of ‘taxi’ contained in the Fringe Benefits Tax Assessment Act 1986 (FBT Act) and the exemption from fringe benefits tax for taxi travel taken to or from work or due to illness under section 58Z of the FBT Act.
Registered
September 2017
Purpose
The ATO has released a discussion paper to facilitate consultation with the community on the development of advice on the interpretation of ‘taxi' for fringe benefits tax purposes and whether it includes vehicles licensed to provide taxi services, including rank and hail services, ride-sourcing vehicles and other vehicles for hire.
Expected completion
To be advised
Comments
We are considering comments and issues raised during consultation which will be taken into account in developing any advice and guidance.
See also:
[3897] Fringe benefits tax – minor private use
Title
Final Practical Compliance Guideline
Exempt car and residual benefits: compliance approach to determining private use of vehicles
Registered
November 2017
Purpose
To provide a practical approach for employers in demonstrating that the private use of eligible vehicles provided to their employees during an FBT year meet the car related exemptions of work related travel or other private use that is ‘minor, infrequent and irregular’.
Expected completion
April 2018
Comments
Draft PCG 2017/D14 published on 18 December 2017. We are considering comments and issues raised during consultation in finalising the Practical Compliance Guideline.
See also:
[3912] Fringe benefits tax – registered religious institutions
Title
Draft Taxation Ruling
Fringe benefits tax: exemptions for benefits provided to religious practitioners
Registered
March 2018
Purpose
To update TR 92/17 to reflect changes in law, including the establishment of the Australian Charities and not-for-profits Commission as the national regulator of charities.
Expected completion
To be advised
We are developing advice and guidance on the following FBT issue.