• Date of update of ATO publications dealing with living-away-from-home and in-house valuation reforms


    At the STIP meeting held on 13 September 2012, the ATO in response to agenda item 5.1.3 advised that it will be issuing an update to chapter 11 of Fringe benefits tax: a guide for employers and that this will be the initial ATO view.

    The ATO also advised that it was undertaking a review of MT 2030 to determine whether it remains relevant given the law changes.

    A search of the ATO website shows that these updates have not occurred.

    I also noted that no changes have been made in relation to the information provided in relation to in-house fringe benefit valuations where the benefit is provided under a salary sacrifice arrangement.

    Given the end of the FBT year is approaching and both of these reforms have a commencement date that occurred during the current FBT year can the ATO please advise:

    1. When will Fringe benefits tax: a guide for employers be updated to provide a view in relation to the living-away-from-home reforms?
    2. Will MT 2030 remain in force and be able to be relied upon until the transitional provisions expire?
    3. What publications will be provided in relation to the in-house valuation reforms and when will they be released?

    ATO Response

    Since the passage of the living-away-from-home reforms, the ATO has published several publications concerning the reforms on its website www.ato.gov.au including:

    • Living-away-from-home allowances and benefits;
    • Changes to the tax treatment of living-away-from-home allowances and benefits.

    As noted in the agenda item, chapter 11 of Fringe benefits tax: a guide for employers has been rewritten and is in the process of being published. Once published this chapter will provide the ATO view on LAFHA related issues including many of the issues currently covered by Miscellaneous Taxation Ruling MT 2030.

    The ATO undertook to advise members when the rewritten chapter 11 is published

    In relation to MT 2030 the compendium which issued with Taxation Determination TD 2013/4 stated:

    Given changes to the underlying law, it is acknowledged that MT 2030 will need to be reviewed to determine whether it should be withdrawn.

    Pending that review, MT 2030 will continue to have application for the purposes of the previous LAFHA legislation and the transitional periods as relevant.

    The ATO is not able to provide any guidance in relation to the in-house reforms until the legislation receives Royal Assent. Until that time, information regarding the reforms can be obtained from The Treasury website at http://www.treasury.gov.au?Policy-Topics/Taxation/In-House-Fringe-Benefits.

      Last modified: 20 May 2013QC 34349