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Taxation Determination

TD 98/8

Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 (FBTAA) what is the car parking threshold for the fringe benefits tax (FBT) year commencing on 1 April 1998?

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FOI status:

may be releasedFOI number: I 1015610

Preamble The number, subject heading, date of effect and paragraphs 1 and 2 of this Taxation Determination are a 'public ruling' for the purposes of Part IVAAA of the Taxation Administration Act 1953 and are legally binding on the Commissioner. The remainder of the Determination is administratively binding on the Commissioner. Taxation Rulings TR 92/1 and TR 97/16 together explain how a Determination is legally or administratively binding.
Date of effect This Determination applies for the FBT year commencing on 1 April 1998. However, it does not apply to taxpayers to the extent that it conflicts with the terms of settlement of a dispute agreed to before the date of the Determination (see paragraphs 21 and 22 of Taxation Ruling TR 92/20).

1. The car parking threshold for the FBT year commencing on 1 April 1998 is $5.25. There has been no change from the amount that applied in the previous year.

2. Section 39A of the FBTAA sets out a number of conditions that must be met before car parking facilities provided by an employer to an employee will be subject to FBT.

3. One of these conditions is that there is a commercial car parking station located within 1 kilometre of the employer provided car park and the lowest fee charged by the operator is more than the car parking threshold. Where there is more than one commercial parking station located within 1 kilometre, the condition is satisfied where the lowest fee charged by any of the operators is more than the threshold. For example, there are 3 commercial parking stations located within 1 kilometre of the employer provided car park and the lowest fee charged by each of the operators on 1 April 1998 is $4.00, $4.50 and $5.50. The condition is satisfied because the lowest fee charged by one of the operators on 1 April 1998 is more than the car parking threshold.

4. The car parking threshold set in this Determination is that which applied for the FBT year commencing on 1 April 1997 (as set out in Taxation Determination TD 97/17), adjusted to reflect the movement in the Consumer Price Index.

Commissioner of Taxation
13 May 1998

References

ATO references:
NO NAT 96/4349-4; Cell/202-97

ISSN 1038 - 8982

Related Rulings/Determinations:

TD 96/23
TD 97/17

Subject References:
car parking benefits
car parking fringe benefits
car parking threshold
FBT
FBT commercial parking station
FBT motor vehicle parking
fringe benefits tax

Legislative References:
FBTAA 39A

TD 98/8 history
  Date: Version: Change:
You are here 13 May 1998 Original ruling  
  4 May 2016 Withdrawn  

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