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  • Advice under development – FBT issues

    We are developing advice and guidance on the following FBT issues.

    See also:

    [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
    May 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

    Last modified: 14 May 2018QC 50318