Taxation Laws Amendment (FBT Cost of Compliance) Act 1995 (145 of 1995)
Schedule 2 CAR PARKING
Part 1 AMENDMENT OF THE FRINGE BENEFITS TAX ASSESSMENT ACT 1986
Division 3 Alternative methods of valuing car parking benefits
5 After Subdivision B of Division 10A of Part III
Insert in Division 10A:
"Subdivision C-Statutory formula method-spaces
The key principle
"39F. Under this Subdivision, an employer may elect to calculate the
value of certain car parking fringe benefits by using a statutory
formula based on the number and value of spaces available to employees
covered by the election.
Spaces method of calculating total taxable value of car parking fringe
benefits
Election
"39FA.(1) If a provider provides one or more car parking benefits in
respect of one or more employees of an employer in a particular FBT
year, the employer may elect that this Subdivision applies to the
employer's car parking fringe benefits for some or all of the employees
for that FBT year.
Employer must specify employees covered by election
"(2) The employer must specify that the election covers:
(a) all the employees; or
(b) all employees of a particular class; or
(c) particular employees.
Total value of car parking fringe benefits
"(3) Despite any other provision of this Act (other than section
39FB) the total taxable value of the employer's car parking fringe
benefits for employees covered by the election for the FBT year is the
amount worked out using the spaces method under subsection (4).
Note: Section 39FB covers the situation where the number of spaces
available to employees exceeds the number of employees.
Method
"(4) The spaces method is:
Step 1: Work out an amount using the following formula, for each space
for which there is, in the FBT year, at least one car parking benefit
for an employee covered by the election:
Number of days in
availability periods in
relation to space
Daily rate amount X X 228
366
Step 2: Work out the total of all the amounts calculated under Step 1
(the total statutory benefit).
Step 3: Subtract from the total statutory benefit the sum of all
relevant recipients contributions.
Note 1: Section 39FC defines daily rate amount.
Note 2: Section 39FD defines availability period.
Note 3: Section 39FE defines relevant recipients contribution.
"(5) The election is of no effect if, in working out the daily rate
for a space, the fees referred to in subsection 39DA(3) are not
representative (see section 39AB).
Number of spaces exceeds number of employees
"39FB.(1) This section applies if, throughout the parking period (see
subsection (5)), the average number of employees covered by the
election is less than the average number of spaces (eligible spaces)
for which there is an availability period.
Formula to reduce total statutory benefits
"(2) If this section applies, the total statutory benefit (see Step 2
in subsection 39FA(4)) is multiplied by the following fraction:
Average number of employees
Average number of eligible spaces
"(3) The average number of employees is:
Number of employees covered Number of employees
by election at the beginning + covered by election at the end
of the parking period of the parking period
2
"(4) The average number of eligible spaces is:
Number of eligible spaces at
the beginning of the parking + Number of eligible spaces at
period the end of the parking period
2
"(5) The parking period is the period:
(a) beginning on the first day in the FBT year on which the parking
of a car in any space referred to in subsection 39FA(4) gives rise to a
car parking fringe benefit of the employer for an employee covered by
the election; and
(b) ending on the last day in the FBT year on which the parking of a
car in any space referred to in subsection 39FA(4) gives rise to a car
parking fringe benefit of the employer for an employee covered by the
election.
Number of employees and number of spaces must be representative
"(6) This section does not apply if the number of employees or the
number of eligible spaces referred to in subsections (3) and (4) are
not representative (see subsection (7)).
Meaning of not representative
"(7) A number of employees, or a number of eligible spaces, as the
case requires, is not representative if the number of employees, or
eligible spaces, as the case requires, is substantially greater or less
than the average number throughout whichever of the following periods
is chosen by the employer:
(a) the 4 week period ending on the first day of the parking period;
or
(b) the 4 week period beginning on the last day of the parking
period.
Meaning of daily rate amount
"39FC. The daily rate amount for a space is the amount that would be
worked out using whichever of the following methods that the taxpayer
chooses:
(a) the commercial parking station method;
(b) the market value method;
(c) the average cost method;
as the taxable value of the car parking fringe benefit for the space,
if there were no recipients contribution.
Meaning of availability period
"39FD. An availability period for a space begins on the first day in
the FBT year on which there is a car parking benefit for the space for
an employee covered by the election and ends on the last day in the FBT
year on which there is a car parking benefit for the space for an
employee covered by the election.
Meaning of relevant recipients contribution
"39FE. A relevant recipients contribution is a recipients
contribution in respect of any car parking fringe benefit provided in
respect of the employment of an employee covered by the election for
the FBT year.
"Subdivision D-12 week record keeping method The key principle
"39G.
Under this Subdivision, an employer may keep a 12 week register of car
parking provided to employees. An employer who keeps such a register
may elect that the total value of certain car parking fringe benefits
for an FBT year for which the register is valid is to be determined in
accordance with the register.
Employer may elect to use 12 week record keeping method
"39GA.(1) An employer may elect that this Subdivision applies to the
employer's car parking fringe benefits for some or all of the
employer's employees for that FBT year if the employer has a valid
register for that FBT year covering those employees.
"(2) The employer must specify that the election covers:
(a) all the employees; or
(b) all employees of a particular class; or
(c) particular employees.
Value of fringe benefits for year
"39GB. Despite any other provision of this Act (other than this
section), the total taxable value of the employer's car parking fringe
benefits for employees covered by the election for the FBT year is the
amount worked out using the formula:
((Total value of car ) Number of days
((parking benefits (register) X 52) car parking
( 12) availability periods
X 366
Meaning of total value of car parking benefits (register)
"39GC. The total value of car parking benefits (register), in
relation to the FBT year, means the amount that would be the total
taxable value of car parking fringe benefits for employees covered by
the election for the 12 week period for which a register is kept,
assuming that:
(a) the register had been kept in that FBT year; and
(b) the value of the benefits were calculated in accordance with the
information in the register; and
(c) the value of the benefits were calculated using whichever of the
following methods that the taxpayer chooses:
(i) the commercial parking station method;
(ii) the market value method;
(iii) the average cost method.
Meaning of car parking availability period
"39GD. The car parking availability period is the period:
(a) beginning on the first day in the FBT year on which there is a
car parking benefit for an employee covered by the election; and
(b) ending on the last day in the FBT year on which there is a car
parking benefit for an employee covered by the election.
Choosing the 12 week period for a register
"39GE.(1) The register must be kept for a continuous period of at
least 12 weeks throughout which car parking benefits are provided to
employees covered by the election.
"(2) The period for which the register is kept must be representative
of usage for the first FBT year for which it is valid.
"(3) If subsection (1) or (2) is not satisfied, the register is not
valid.
FBT years for which register is valid
12 week period in one FBT year
"39GF.(1) If the 12 week period begins and ends in the one FBT year,
the register is valid for that FBT year and, subject to subsections (3)
and (4), for each of the 4 FBT years immediately following that year.
12 week period over 2 FBT years
"(2) If the 12 week period begins in one FBT year and ends in another
FBT year, the register is only valid for the second FBT year and,
subject to subsections (3) and (4), for each of the 4 years immediately
following that year.
When register ceases to be valid-increase in benefits
"(3) A register that is valid for an FBT year ceases to be valid at
the end of that FBT year if the number of car parking fringe benefits
for the employer for employees covered by the election increases by
more than 10% on any day in that FBT year.
Note: This means that if the number of car parking fringe benefits
increases by more than 10%, the employer will have to keep a new
register in the FBT year following the year of the increase if the
employer wants to use the method in this Subdivision for that following
year.
When a register ceases to be valid-later register
"(4) A register that is valid for an FBT year ceases to be valid if
there is a later valid register for that FBT year that covers the same
employee.
Matters to be included in register
"39GG.(1) The register must include details of the following:
(a) the date on which each car covered by subsection (4) was parked;
(b) whether the car was parked for a total that exceeds 4 hours;
(c) whether the car travelled between the place of residence of an
employee covered by the election and his or her primary place of
employment on that day;
(d) the place where the car was parked.
"(2) The person responsible for making entries in the register must
make the entry as soon as practicable after he or she knows the details
required by subsection (1).
"(3) If subsection (1) or (2) is not satisfied, the register is not
valid.
"(4) A car is covered by this subsection if:
(a) a car benefit relating to the car is provided on a day during the
12 week period to an employee covered by the election in respect of the
employee's employment; or
(b) the car is owned by, or leased to, an employee covered by the
election at any time during the 12 week period; or
(c) the car is made available by another person to an employee
covered by the election at any time during the 12 week period where:
(i) the other person is not the employee's employer; and
(ii) the other person did not make the car available under an
arrangement to which the employee's employer is a party.
Fraudulent entries invalidate register
"39GH. For the purposes of this Act, a register is not valid if the
register contains an entry that is false or misleading in a material
particular.".
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