ATO Interpretative Decision

ATO ID 2003/25

Fringe Benefits tax

Fringe benefits tax: exempt benefits - small business car parking
FOI status: may be released
  • This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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

Does the $10 million threshold prescribed in subparagraph 58GA(1)(d)(i) of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) only apply to the sum of the ordinary and statutory income of the employer entity itself, and not to the sum of the ordinary and statutory income of the group of entities of which the employer is a member?

Decision

Yes. The $10 million threshold prescribed in subparagraph 58GA(1)(d)(i) only applies to the sum of the ordinary and statutory income of the employer entity itself.

Facts

The employer is a proprietary limited company (the employer company) and is wholly owned by another proprietary limited company.

Both companies form a group of companies.

The sum of ordinary income and statutory income of the employer company for the relevant year in subparagraph 58GA(1)(d)(i) is less than $10 million.

The sum of ordinary income and statutory income for the group of companies for the same year is $10 million or more.

Subsection 58GA(2) of the FBTAA (new employers) does not apply.

Reasons for decision

Section 58GA of the FBTAA provides that certain car parking benefits will be exempt for small businesses. In order for the exemption to apply, the employer must, among other things, meet the turnover test at subparagraph 58GA(1)(d)(i); or be a small business entity for the income year ending most recently before the start of the FBT year.

Subparagraph 58GA(1)(d)(i) states:

(i) the sum of the employer's ordinary income and statutory income for the year of income ending most recently before the start of the fringe benefits tax (FBT) year is less than $10 million.

Subparagraph 58GA(1)(d)(i) only refers to the sum of the employer's ordinary income and statutory income for the year of income (income tax year) ended most recently before the start of the FBT year.

The sum of the ordinary income and statutory income of the group of companies is not relevant to subparagraph 58GA(1)(d)(i).

Where subparagraph 58GA(1)(d)(i) is satisfied, the other parts of section 58GA of the FBTAA must also be satisfied in order for the car parking benefit to be an exempt benefit.

Amendment History

Date of Amendment Part Comment
30 January 2026 Business line Updated business line details
21 March 2025 Business line Updated business line details
11 September 2015 Reasons for decision The amendment renders the ATO ID technically correct.

Date of decision:  23 October 2002

Legislative References:
Fringe Benefits Tax Assessment Act 1986
   section 58GA
   subparagraph 58GA(1)(d)(i)
   paragraph 58GA(2)

Keywords
Fringe benefits
Fringe benefits tax
FBT motor vehicle parking
Car parking fringe benefits
Small business
Exempt benefits

Siebel/TDMS Reference Number:  CRS76384; 1-69ZOQ0M; 1-DBPUQRK, 1-14OO3JKW

Business Line:  Superannuation and Employee Obligations

Date of publication:  14 February 2003
Date reviewed:  29 January 2026

ISSN: 1445-2782

history
  Date: Version:
  23 October 2002 Original statement
You are here 11 September 2015 Updated statement