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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your written advice

Authorisation Number: 1013026154188

Date of advice: 30 May 2016

Ruling

Subject: Fuel tax credits - public roads and apportionment

Question 1

Are all the roads within a specified area public roads for the purposes of subsection 43-10(3) of the Fuel Tax Act 2006 (FTA)?

Answer

We ruled that only part of one road within the specified area was a 'public road' for the purposes of the FTA.

Question 2

Is the proposed methodology in calculating the FTC entitlements in relation to the entity's operations consistent with the ATO guidelines as detailed in PCG 2016/8 and FTD 2010/1?

Answer

Yes, it is considered, that the proposed methodology in calculating the FTC entitlements in relation to the entity's operations is consistent with the guidelines set out in PCG 2016/8 and FTD 2010/1.

This ruling applies for the following periods:

1 May 2011 to 30 June 2018

The scheme commences on:

1 May 2011

Relevant legislative provisions

Fuel Tax Act 2006 section 41-5

Fuel Tax Act 2006 subsection 43-10(3)