Notice of Rulings, Notice of Addenda, Notice of Withdrawals

Administered by Department of the Treasury

Legislation au C2017G00348 In force Gazette

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COMMISSIONER OF TAXATION

The Commissioner of Taxation, Chris Jordan, gives notice of the following Rulings, copies of which can be obtained from http://ato.gov.au/law.

NOTICE OF RULINGS
Ruling Number	Subject	Brief Description
TD 2017/2	Fringe benefits tax: for the purposes of section 135C of the Fringe Benefits Tax Assessment Act 1986, what is the exemption threshold for the fringe benefits tax year commencing on 1 April 2017?	The Determination sets out the Commissioner’s position for the exemption threshold for the FBT year commencing 1 April 2017. The Determination applies to the FBT year commencing 1 April 2017.
TD 2017/3	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2017?	The Determination sets out the Commissioner’s position for the benchmark interest rate for the FBT year commencing 1 April 2017. The Determination applies to the FBT year commencing on 1 April 2017.
TD 2017/4	Fringe benefits tax: what are the rates to be applied on a cents per kilometre basis for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the fringe benefits tax year commencing on 1 April 2017?	The Determination sets out the Commissioner’s position for the rates to be used on a cents per kilometre basis for the FBT year commencing 1 April 2017. The Determination applies to the FBT year commencing 1 April 2017.
TD 2017/5	Fringe benefits tax: reasonable amounts under section 31G of the Fringe Benefits Tax Assessment Act 1986 for food and drink expenses incurred by employees receiving a living-away-from-home allowance fringe benefit for the fringe benefits tax year commencing on 1 April 2017	The Determination sets out the Commissioner’s position for reasonable amounts for food and drink expenses for the FBT year commencing 1 April 2017. The Determination applies to the FBT year commencing on 1 April 2017.
TD 2017/6	Fringe benefits tax: for the purposes of section 28 of the Fringe Benefits Tax Assessment Act 1986 what are the indexation factors for valuing non‑remote housing for the fringe benefits tax year commencing on 1 April 2017?	The Determination sets out the Commissioner’s position for the indexation factors for valuing non-remote housing for the FBT year commencing 1 April 2017. The Determination applies to the FBT year commencing 1 April 2017.
TD 2017/7	Income tax: can freshwater crayfish be trading stock and, if so, can you use a reasonable estimate of the number of freshwater crayfish to value them under Subdivision 70‑C of the Income Tax Assessment Act 1997?	The Determination sets out the Commissioner’s position for crayfish as trading stock and their value. The Determination applies to income years commencing both before and after its date of issue.
TD 2017/8	Income tax: is the cost of travelling to have a tax return prepared by a ‘recognised tax adviser’ deductible under section 25-5 of the Income Tax Assessment Act 1997 (ITAA 1997)?	The Determination sets out the Commissioner’s position on the deductibility of travel expenses to have a tax return prepared. The Determination applies to income years commencing both before and after its date of issue.
CR 2017/19	Fringe benefits tax: clients of Toyota Fleet Management, whose employees use the DriverDirect E-logbook for car log book and odometer records	The Ruling sets out the Commissioners position for clients of Toyota Fleet Management whose employees use the DriverDirect E-logbook and with whom Toyota Fleet Management has an agreement that includes the estimation of FBT liability. The Ruling applies from 1 April 2016.
CR 2017/20	Income tax: employment termination payment – Department of Communities, Child Safety and Disability Services Queensland	The Ruling sets out the Commissioners position for employees of the Department of Communities, Child Safety and Disability Services Queensland who receive a payment under the scheme. The Ruling applies from 30 March 2017 to 30 June 2020.

NOTICE OF ADDENDA
Ruling Number	Subject	Brief Description
TR 98/1	Income tax: determination of income; receipts versus earnings	The Addendum amends Taxation Ruling TR 98/1 to update references to legislation and Taxation Rulings. The Addendum applies on and from 29 March 2017.
TR 98/21	Income tax: withholding tax implications of cross border leasing arrangements	The Addendum amends Taxation Ruling TR 98/21 to update the treatment of cross-border leasing arrangements in accordance with current legal principles. The Addendum applies on and from 29 March 2017.
LCG 2016/12	Superannuation reform: total superannuation balance	The Addendum amends Law Companion Guideline LCG 2016/12 to correct a date and figure in paragraphs 45 and 46. The Addendum applies on and from 23 March 2017.

NOTICE OF WITHDRAWALS
Ruling Number	Subject	Brief Description
IT 2227	Income tax: interest charged on overdue customer accounts	Taxation Ruling IT 2227 is withdrawn with effect from 29 March 2017.
IT 2489	Income tax: business income of minors	Taxation Ruling IT 2489 is withdrawn with effect from 29 March 2017.
IT 2667	Income tax: trading stock valuation of freshwater crayfish	Taxation Ruling IT 2667 is withdrawn with effect from 29 March 2017.
TD 94/92	Income tax: is the cost of travelling for the purpose of having a tax return prepared by a ‘recognised professional tax adviser’, an allowable deduction under section 69 of the Income Tax Assessment Act 1936?	Taxation Determination TD 94/92 is withdrawn with effect from 29 March 2017.
GSTR 2005/4	Goods and services tax: arrangements of the kind described in Taxpayer Alerts TA 2004/6 and TA 2004/7: use of the Grouping or Margin Scheme provisions of the GST Act to avoid or reduce the Goods and Services Tax on the sale of new residential premises	Goods and Services Tax Ruling GSTR 2005/4 is withdrawn with effect from 29 March 2017.
GSTR 2005/5	Goods and services tax: arrangements of the kind described in Taxpayer Alert TA 2004/8: use of the Going Concern provisions and the Margin Scheme to avoid or reduce the Goods and Services Tax on the sale of new residential premises	Goods and Services Tax Ruling GSTR 2005/5 is withdrawn with effect from 29 March 2017.

Overview

The Commissioner of Taxation has issued a series of rulings and addenda to address specific tax issues for the financial year beginning on 1 April 2017. These rulings and addenda provide clarity on various aspects of fringe benefits tax (FBT), income tax, and superannuation, ensuring that taxpayers and tax agents can correctly apply the law. Enacted by the Australian Parliament, these rulings aim to fill gaps in the interpretation and application of tax laws, providing necessary guidance to taxpayers. The policy objective is to ensure the correct administration of the tax system, providing certainty and fairness to all taxpayers by clarifying the Commissioner’s position on various tax matters.

Scope and Application

The notice pertains to various tax rulings and amendments issued by the Commissioner of Taxation, which govern different aspects of taxation law in Australia, including fringe benefits tax (FBT) and income tax. These rulings and amendments apply to entities and individuals subject to the relevant tax legislation, such as the Fringe Benefits Tax Assessment Act 1986 and the Income Tax Assessment Act 1997. The rulings set out the Commissioner's position on specific matters, including exemption thresholds, interest rates, and valuation methods for certain fringe benefits and income tax issues. The rulings and amendments apply to specific tax years and income years as outlined in each determination, with some applying retroactively to income years commencing before the date of issue. Additionally, the notice includes amendments to existing rulings and the withdrawal of certain outdated rulings, effective from 29 March 2017. These updates ensure that the tax rulings remain current and relevant to the evolving tax landscape in Australia.

Key Provisions

The Commissioner of Taxation has issued several Determinations and Rulings that provide guidance on various aspects of taxation law in Australia. The key provisions of these Determinations and Rulings are outlined below. The Commissioner of Taxation has issued Determinations TD 2017/2 to TD 2017/6, which provide guidance on the exemption threshold, benchmark interest rate, cents per kilometre rates, reasonable amounts for food and drink expenses, and indexation factors for valuing non-remote housing for the Fringe Benefits Tax (FBT) year commencing on 1 April 2017 (ss 135C, 31G, 28 of the Fringe Benefits Tax Assessment Act 1986). Additionally, Determinations TD 2017/7 and TD 2017/8 provide guidance on whether freshwater crayfish can be considered trading stock and the deductibility of travel expenses to have a tax return prepared, respectively. Rulings CR 2017/19 and CR 2017/20 provide guidance on the FBT liability of clients of Toyota Fleet Management and the employment termination payment for employees of the Department of Communities, Child Safety and Disability Services Queensland, respectively. The obligations and requirements imposed by these Determinations and Rulings are primarily focused on ensuring that taxpayers comply with the relevant provisions of the Income Tax Assessment Act 1997 and the Fringe Benefits Tax Assessment Act 1986. For example, taxpayers must ensure that they comply with the exemption threshold, benchmark interest rate, cents per kilometre rates, and indexation factors set out in the Determinations for the FBT year commencing on 1 April 2017. Similarly, taxpayers must ensure that they comply with the guidance on crayfish as trading stock and the deductibility of travel expenses to have a tax return prepared. There are no specific offences, penalties, or civil/criminal consequences outlined in these Determinations and Rulings. However, taxpayers who fail to comply with the relevant provisions of the Income Tax Assessment Act 1997 and the Fringe Benefits Tax Assessment Act 1986 may be subject to penalties and interest under those Acts. The penalties and interest may vary depending on the nature and extent of the non-compliance. In addition, the Commissioner of Taxation may take action against taxpayers who fail to comply with the Determinations and Rulings, such as issuing a notice of objection or initiating legal proceedings.

Area of Law: Taxation Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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