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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 private advice

Authorisation number: 1052207911726

Date of advice: 20 March 2024

Ruling

Subject: FBT - business journeys

Question 1

Is travel undertaken by employees in cars designed primarily to transport passengers a 'business journey' for the purposes of section 10 of the Fringe Benefits Tax Assessment Act 1986 (FBTAA)in circumstances where the employees carry bulky specialised equipment in the car:

a.            while engaged in activities when the trip starts and ends at their home, and

b.            between home and the business premises

Answer

a. Yes.

b. Yes.

Question 2

Is travel undertaken by employees in cars designed primarily to transport passengers a 'private journey' for the purposes of section 10 of the FBTAA in circumstances where the employees carry bulky specialised equipment in the car when using the car for a wholly private purpose?

Answer

Yes.

Question 3

Is travel undertaken by employees in cars not designed primarily to transport passengers a work-related journey for the purposes of subsection 8(2) of the FBTAA in circumstances where the employees carry bulky specialised equipment in the car:

a.            while engaged in activities when the trip starts and ends at their home, and

b.            between home and the business premises

Answer

a. Yes, but only if the other private use is minor, infrequent and irregular.

b. Yes, but only if the other private use is minor, infrequent and irregular.

Question 4

Is travel undertaken by employees in cars not designed primarily to transport passengers a non-work-related journey for the purposes of subsection 8(2) of the FBTAA in circumstances where the employees carry bulky specialised equipment in the car when using the car for a wholly private purpose?

Answer

Yes.

Question 5

Is travel undertaken by employees in vehicles that do not meet the definition of a car a work-related journey for the purposes of subsection 47(6) of the FBTAA in circumstances where the employees carry bulky specialised equipment in the vehicle:

a.            while engaged in activities when the trip starts and ends at their home, and

b.            between home and the business premises.

Answer

a. Yes, but only if the other private use is minor, infrequent and irregular.

b. Yes,but only if the other private use is minor, infrequent and irregular.

Question 6

Is travel undertaken by employees in vehicles that do not meet the definition of a car a non-work-related journey for the purposes of subsection 47(6) of the FBTAA in circumstances where the employees carry bulky specialised equipment in the car when using the car for a wholly private purpose?

Answer

Yes.

Question 7

Is travel between home and the business premises (and return) undertaken by employee Managers in cars designed primarily to transport passengers a 'private journey' for the purposes of section 10 of the FBTAA in circumstances where the Manager is on-call but is not recalled to work or is recalled to work but does not commence work before arriving at the business premises?

Answer

Yes.

Question 8

Is travel between home and the business premises (and return) undertaken by employee Managers in cars designed primarily to transport passengers a 'business journey' for the purposes of section 10 of the FBTAA in circumstances where the Manager is on-call and is recalled to work and commences work before leaving home?

Answer

Yes.

Question 9

Is travel between home and the business premises (and return) undertaken by employee Managers in cars not designed primarily to transport passengers a work-related journey for the purposes of subsection 8(2) of the FBTAA?

Answer

Yes, but only if the other private use is minor, infrequent and irregular.

Question 10

Is travel undertaken by employee Managers for wholly private purposes in cars not designed primarily to transport passengers a non-work-related journey for the purposes of subsection 8(2) of the FBTAA?

Answer

Yes.

Question 11

Is travel between home and the business premises (and return) undertaken by employee Managers in vehicles that do not meet the definition of a car a work-related journey for the purposes of subsection 47(6) of the FBTAA?

Answer

Yes, but only if the other private use is minor, infrequent and irregular.

Question 12

Is travel undertaken by employee Managers for wholly private purposes in vehicles that do not meet the definition of a car a non-work-related journey for the purposes of subsection 47(6) of the FBTAA?

Answer

Yes.