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  • Annual taxation determinations (TDs)

    Your feedback

    We invite you to provide feedback on the proposal to replace annual TDs with content published on the ATO website.

    We also encourage you to raise any other relevant issues or specific concerns about matters discussed in this paper.

    Responses to the consultation questions and other feedback should be provided by email to PublicGuidance@ato.gov.au by 15 February 2019.

    Contact officer: Pei-Sheng Hsu (07) 3213 5371External Link

    Purpose of paper

    We are seeking your feedback on the proposal to replace annual TDs with content published on the ATO website.

    Proposed change

    We currently publish 12 taxation determinations every year (annual TDs) on indexation factors, rates, thresholds, reasonable amounts and certain values relating to fringe benefits tax (FBT), income tax and luxury car tax (see the list of these taxation determinations below).

    There is no legislative requirement for the Commissioner to publish this information, except for the improvement threshold (subsection 108-85(3) of the Income Tax Assessment Act 1997).

    Annual TDs can be accessed using the Legal Database and most of this information is also available as website content on the ATO website, for example, the FBT rates and thresholds.

    Making the information in the annual TDs available only on the ATO website:

    • improves the timeliness of publishing this information
    • provides you with easier, simpler and quicker access to the information.

    If implemented, the change is proposed to only impact annual TDs for the 2019-20 income year and the 2020-21 FBT year, and onward.

    We invite you to respond to the questions below.

    Consultation questions

    1. How do you currently access the rates and thresholds published by the Commissioner and what are your primary reasons for accessing the information in this way?
    2. Of the annual taxation determinations listed, are there any specific topics you think should continue to be published as taxation determinations, and if so why? For example, the annual TD on reasonable travel and overtime meal allowance expense amounts.
    3. If we only published this information as website content, what impact would this have on you?
    4. How could we improve the way we currently present this information on our website?

    List of annual Taxation Determinations

    Fringe Benefits Tax

    • For the purposes of section 28 of the Fringe Benefits Tax Assessment Act 1986 what are the indexation factors for valuing non-remote housing for the fringe benefits tax year commencing on 1 April 20xx? (currently TD 2018/1)
    • For the purposes of section 135C of the Fringe Benefits Tax Assessment Act 1986, what is the exemption threshold for the fringe benefits tax year commencing on 1 April 20xx? (currently TD 2018/5)
    • What are the rates to be applied on a cents per kilometre basis for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the fringe benefits tax year commencing on 1 April 20xx? (currently TD 2018/4)
    • Reasonable amounts under section 31G of the Fringe Benefits Tax Assessment Act 1986 for food and drink expenses incurred by employees receiving a living away from home allowance fringe benefit for the fringe benefits tax year commencing on 1 April 20xx (currently TD 2018/3)
    • What is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 20xx? (currently TD 2018/2)
    • For the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 what is the car parking threshold for the fringe benefits tax year commencing on 1 April 20xx (currently TD 2018/7)

    Income tax

    • Value of goods taken from stock for private use for the 20xx income year (currently TD 2018/10)
    • Capital gains: What is the improvement threshold for the 20xx income year under section 108-85 of the Income Tax Assessment Act 1997?
      (currently TD 2018/8)
    • What are the reasonable travel and overtime meal allowance expense amounts for the 20xx income year? (currently TD 2018/11)
    • What is the benchmark interest rate applicable for the year of income that commenced on 1 July 20xx for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used? (currently TD 2018/14)
    • What is the car limit under section 40-230 of the Income Tax Assessment Act 1997 for the 20xx financial year? (currently TD 2018/6)

    Luxury car tax

    • What is the luxury car tax threshold and the fuel-efficient car limit for the 20xx financial year? (currently LCTD 2018/1)
      Last modified: 21 Jan 2019QC 57778