ATO Interpretative Decision

ATO ID 2014/12

Fringe Benefits Tax

Car Parking Fringe Benefits: all-day parking
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CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

This ATOID provides you with the following level of protection:

If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.

Issue

Is a fee charged by the operator of a commercial parking station for vehicles entering the station from 1.00 p.m. a fee charged for 'all-day parking' as defined in subsection 136(1) of the Fringe Benefits Tax Assessment Act 1986 (FBTAA)?

Decision

No. A fee charged by the operator of the commercial parking station for vehicles entering the station from 1 p.m. is not a fee for 'all-day parking' as defined in subsection 136(1) of the FBTAA. After 1 p.m. it is impossible to park for a continuous period of six hours or more during a 'daylight period' on that day. Under the definition in subsection 136(1) a 'daylight period' ends before 7.00 p.m. on that same day.

Facts

An employee parks his car in a car parking space located on the employer's business premises.

The car parking space used by the employee is located within one kilometre of a commercial parking station as defined in subsection 136(1) of the FBTAA.

The parking station operates between 6:30 a.m. and 10.00 p.m. The operator of the parking station charges different fees for vehicles that enter before 1 p.m. and those that enter from 1 p.m.

Reasons for Decision

All legislative references are to the FBTAA.

Subsection 39A(1) sets out the criteria that must be met for a car parking benefit to arise.

Subparagraph 39A(1)(a)(ii) requires a commercial parking station to be located within a 1 km radius of the premises on which the car is parked. Subparagraph 39A(1)(a)(iii) contains the following requirement:

(iii)
the lowest fee charged by the operator of any such commercial parking station in the ordinary course of business to members of the public for all-day parking on the first business day of the FBT year is more than the car parking threshold;

'All-day parking' is defined in subsection 136(1) to mean, in relation to a particular day:    


... parking of a single car for a continuous period of 6 hours or more during a daylight period on that day.

'Daylight period' is defined in subsection 136(1) to mean, in relation to a day:    


so much of a period on that day as occurs:

(a)
after 7 a.m. on that day; and
(b)
before 7 p.m. on that day.

The application of these definitions was considered by the Administrative Appeals Tribunal in Case 27/95 95 ATC 275; AAT Case 10,128 (1995) 30 ATR 1297. The Tribunal considered a submission that the lowest fee charged for all-day parking would be 10 cents where that was the charge for a car parked for a period of at least six hours from just before 6.00 p.m. Senior Member Fayle said at ATC 278:    


16. ... All-day parking, as mentioned, is a continuous period of at least 6 hours during a daylight period on that day. 'Daylight period' is defined above as being a twelve hour period from 7.00 a.m. to 7.00 p.m., a definition, it is observed, which conforms with the lexical definition of 'day'.
   

17. It is impossible for the applicant to satisfy this condition if the parking commences just before 6.00 p.m., only one hour before 7.00 p.m. Even if the fee of 10 cents was a charge to park from 6.00 p.m. for a continuous period of at least 6 hours, that would not be for 'all-day parking' as defined in the Act.

Similarly, the fee charged for vehicles entering the parking station from 1 p.m. is not a fee paid for 'all-day parking' as defined in subsection 136(1). After 1 p.m. it is impossible to park for a continuous period of six hours or more during a 'daylight period' on that day. Under the definition in subsection 136(1) a 'daylight period' ends before 7.00 p.m. on that same day.

Amendment History

Date of Amendment Part Comment
30 September 2016 Issue Fix minor wording error.
Reasons for decision Fix minor wording error.

Date of decision:  27 February 2014

Year of income:  Year ended 31 March 2013

Legislative References:
Fringe Benefits Tax Assessment Act 1986
   subsection 39A(1)
   subparagraph 39A(1)(a)(ii)
   subparagraph 39A(1)(a)(iii)
   subsection 136(1)

Case References:
Case 27/95
   95 ATC 275
   30 ATR 1297

AAT Case 10,128
   (1995) 30 ATR 1297
   95 ATC 275

Keywords
Car parking fringe benefits
FBT daylight period
Fringe benefits
Fringe benefits tax

Siebel/TDMS Reference Number:  1-5ATKIGE

Business Line:  Private Groups and High Wealth Individuals

Date of publication:  7 March 2014

ISSN: 1445-2782

history
  Date: Version:
  27 February 2014 Original statement
You are here 30 September 2016 Updated statement