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Edited version of private advice

Authorisation Number: 1012649264180

Ruling

Subject: Fuel tax credits - taxable fuel

Question

Are you entitled to fuel tax credits for Diesel Emission Fluid (DEF), a urea solution you acquire and use in your heavy vehicles travelling on a public road?

Answer

No.

This ruling applies for the following periods:

1 July 2010 to 30 June 2014

The scheme commences on:

1 July 2010

Relevant facts and circumstances

You are registered for goods and services tax (GST) in the road freight transport industry. You are also registered for fuel tax credits.

As part of your business, you acquire and use diesel fuel in your heavy vehicles. You also acquire and use Diesel Emission Fluid (DEF).

DEF is stored in a separate tank on your vehicles.

New model trucks are required by legislation to be fitted with a Selective Catalytic Reduction (SCR) system which reduces exhaust emissions of the vehicle. The SCR system requires DEF to be added.

You estimate that for every 100 litres of diesel you use in your trucks, you need 5 litres of DEF which costs approximately $1.00 per litre.

You advise that there are plenty of websites that explain what DEF is and one such site is http://www.polydieseltanks.com.au/adblue_def_aus32.htm .

This website states that:

Relevant legislative provisions

Fuel Tax Act 2006 section 2-1

Fuel Tax Act 2006 section 41-5

Fuel Tax Act 2006 section 110-5

Excise Act 1901

Excise Tariff Act 1921

Customs Act 1901

Customs Tariff Act 1995

Reasons for decision

Section 2-1 of the Fuel Tax Act 2006 (FTA) explains that the FTA provides a single system of fuel tax credits which are paid to reduce or remove the incidence of the fuel tax levied on taxable fuels with a view to fuel tax only being applied to:

Section 41-5 of the FTA states that you are entitled to a fuel tax credit for taxable fuel that you acquire for use in carrying on your enterprise if you are registered for GST.

Therefore, for an entitlement to a fuel tax credit under the FTA, you must first acquire taxable fuel and then use it in an eligible activity in carrying on your enterprise.

Taxable fuel is defined in section 110-5 of the FTA as:

(a) fuel in respect of which duty is payable under:

Neither DEF nor its various trade names is subject to duty as a fuel under any of these Acts and therefore is not a taxable fuel for the purposes of section 41-5 of the FTA.

Moreover, DEF is not a fuel. This is supported by the fact that the product is distributed into the exhaust of heavy vehicles rather than the engine.

As we have determined that DEF is not a taxable fuel, you are not entitled to fuel tax credits for its acquisition and use in your heavy vehicles travelling on public roads.


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