Notice of Rulings, Notice of Withdrawals

Administered by Department of the Treasury

Legislation au C2016G00671 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 Branches of the Australian Taxation Office or at http://law.ato.gov.au.

NOTICE OF RULINGS
Ruling Number	Subject	Brief Description
TD 2016/7	Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 what is the car parking threshold for the fringe benefits tax year commencing on 1 April 2016.	The Taxation Determination sets out the Commissioner’s position on the car parking threshold for fringe benefits tax for the year commencing 1 April 2016. The Determination applies to the FBT year commencing on 1 April 2016.
CR 2016/29	Fringe benefits tax: employer clients of Community Sector Banking Pty Limited who are subject to the provisions of either section 57A or 65J of the Fringe Benefits Tax Assessment Act 1986 that make use of a B‑Entertained MasterCard debit card facility	The Class Ruling sets out the Commissioner’s position for those employees who are subject to the provisions of either section 57A or section 65J of the Fringe Benefits Tax Assessment Act 1986 and who: enter into an arrangement with Community Sector Banking Pty Ltd (CSB) to provide CSB’s B‑Entertained MasterCard debit card facility to their employees or associates of their employees, or enter into an arrangement with a salary packaging provider to administer salary packaging on its behalf, with the salary packaging provider (acting on the employer’s behalf) entering into an arrangement with CSB to provide the B‑Entertained MasterCard debit card facility to the employer’s employees or their associates. The Ruling applies from 1 April 2016 to 31 March 2020.
CR 2016/30	Income tax: scrip for scrip roll-over – acquisition of Recall Holdings Limited by Iron Mountain Incorporated	The Class Ruling sets out the Commissioners position for holders of ordinary shares in Recall Holdings Limited. The Ruling applies from 1 July 2015 to 30 June 2016.
PR 2016/4	Income tax: W.A. Blue Gum Project 2016	The Product Ruling sets out the Commissioners position for all participants in the W.A. Blue Gum Project 2016. The Ruling applies prospectively from 18 May 2016.
PR 2016/5	Income tax: AgriWealth 2016 Softwood Timber Project	The Product Ruling sets out the Commissioners position for all participants in the AgriWealth 2016 Softwood Timber Project. The Ruling applies prospectively from 18 May 2016.

NOTICE OF WITHDRAWALS
Ruling Number	Subject	Brief Description
TD 2004/8	Fringe benefits tax: for the purposes of Division 7 of the Fringe Benefits Tax Assessment Act 1986, what amount represents a reasonable food component of a living‑away‑from‑home allowance for expatriate employees for the fringe benefits tax year commencing on 1 April 2004?	Withdrawn with effect from 18 May 2016.
TD 2004/9	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 2004?	Withdrawn with effect from 18 May 2016.
TD 2004/10	Fringe benefits tax: what are the indexation factors for valuing non‑remote housing for the fringe benefits tax year commencing on 1 April 2004?	Withdrawn with effect from 18 May 2016.
TD 2004/11	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 2004?	Withdrawn with effect from 18 May 2016.
TD 2004/12	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2004?	Withdrawn with effect from 18 May 2016.
TD 2004/15	Income tax: capital gains: what is the improvement threshold for the 2004‑2005 income year under section 108‑85 of the Income Tax Assessment Act 1997?	Withdrawn with effect from 18 May 2016.
TD 2004/16	Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 what is the car parking threshold for the fringe benefits tax year commencing on 1 April 2004?	Withdrawn with effect from 18 May 2016.
TD 2004/18	Income tax: what are the thresholds and limits for superannuation amounts in 2004‑2005?	Withdrawn with effect from 18 May 2016.
TD 2004/19	Income tax: what are the reasonable travel and meal allowance expense amounts for 2004‑05?	Withdrawn with effect from 18 May 2016.
TD 2004/27	Income tax: what is the car limit to be used for the 2004‑2005 financial year?	Withdrawn with effect from 18 May 2016.
TD 2004/28	Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2004 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?	Withdrawn with effect from 18 May 2016.
TD 2004/38	Income tax: value of goods taken from stock for private use for the 2004‑2005 income year	Withdrawn with effect from 18 May 2016.
TD 2005/8	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2005?	Withdrawn with effect from 18 May 2016.
TD 2005/9	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 2005?	Withdrawn with effect from 18 May 2016.
TD 2005/10	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 2005?	Withdrawn with effect from 18 May 2016.
TD 2005/11	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 2005?	Withdrawn with effect from 18 May 2016.
TD 2005/12	Fringe benefits tax: for the purposes of Division 7 of Part III of the Fringe Benefits Tax Assessment Act 1986, what amount represents a reasonable food component of a living‑away‑from‑home allowance for expatriate employees for the fringe benefits tax year commencing on 1 April 2005?	Withdrawn with effect from 18 May 2016.
TD 2005/18	Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 what is the car parking threshold for the fringe benefits tax year commencing on 1 April 2005?	Withdrawn with effect from 18 May 2016.
TD 2005/20	Income tax: capital gains: what is the improvement threshold for the 2005‑06 income year under section 108‑85 of the Income Tax Assessment Act 1997?	Withdrawn with effect from 18 May 2016.
TD 2005/21	Income tax: what are the thresholds and limits for superannuation amounts in 2005‑2006?	Withdrawn with effect from 18 May 2016.
TD 2005/30	Income tax: what is the car limit to be used for the 2005‑2006 financial year?	Withdrawn with effect from 18 May 2016.
TD 2005/31	Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2005 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?	Withdrawn with effect from 18 May 2016.
TD 2005/32	Income tax: what are the reasonable travel and meal allowance expense amounts for 2005‑06?	Withdrawn with effect from 18 May 2016.
TD 2005/36	Income tax: value of goods taken from stock for private use for the 2005‑2006 income year	Withdrawn with effect from 18 May 2016.
TD 2006/13	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 2006?	Withdrawn with effect from 18 May 2016.
TD 2006/14	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 2006?	Withdrawn with effect from 18 May 2016.
TD 2006/15	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 2006?	Withdrawn with effect from 18 May 2016.
TD 2006/23	Fringe benefits tax: for the purposes of Division 7 of Part III of the Fringe Benefits Tax Assessment Act 1986, what amount represents a reasonable food component of a living‑away‑from‑home allowance for expatriate employees for the fringe benefits tax year commencing on 1 April 2006?	Withdrawn with effect from 18 May 2016.
TD 2006/24	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2006?	Withdrawn with effect from 18 May 2016.
TD 2006/37	Fringe benefits tax: for the purposes of section 39A of the Fringe Benefits Tax Assessment Act 1986 what is the car parking threshold for the fringe benefits tax year commencing on 1 April 2006?	Withdrawn with effect from 18 May 2016.
TD 2006/41	Income tax: capital gains: what is the improvement threshold for the 2006‑2007 income year under section 108‑85 of the Income Tax Assessment Act 1997?	Withdrawn with effect from 18 May 2016.
TD 2006/42	Income tax: what are the thresholds and limits for superannuation amounts in 2006‑2007?	Withdrawn with effect from 18 May 2016.
TD 2006/43	Income tax: what are the reasonable travel and meal allowance expense amounts for 2006‑2007?	Withdrawn with effect from 18 May 2016.
TD 2006/44	Income tax: what is the car limit for the 2006‑2007 financial year?	Withdrawn with effect from 18 May 2016.
TD 2006/45	Income tax: what is the benchmark interest rate applicable for the year of income that commenced on 1 July 2006 for the purposes of Division 7A of Part III of the Income Tax Assessment Act 1936 and how is it used?	Withdrawn with effect from 18 May 2016.
TD 2006/55	Income tax: value of goods taken from stock for private use for the 2006‑2007 income year	Withdrawn with effect from 18 May 2016.

Overview

The Australian Taxation Office has published new Taxation Determinations, Class Rulings and Product Rulings for 2016, providing clarity and guidance on various tax-related matters. The Fringe Benefits Tax Assessment Act 1986 and the Income Tax Assessment Act 1997 are the primary pieces of legislation addressed in these rulings, with a focus on fringe benefits tax and income tax. These rulings aim to provide certainty to taxpayers and the Commissioner of Taxation by clarifying the application of the law in specific circumstances, ensuring consistent application and interpretation. The rulings are enacted by the Commissioner of Taxation, who provides these rulings to ensure taxpayers can comply with the law in a timely and predictable manner.

Scope and Application

The Commissioner of Taxation, Chris Jordan, has issued several Taxation Determinations, Class Rulings, and Product Rulings that apply to specific situations and industries, clarifying various aspects of the tax laws administered by the Australian Taxation Office (ATO). These rulings provide guidance on the interpretation and application of the law to taxpayers and tax practitioners. The rulings are applicable to the tax years specified in each determination and apply on a Commonwealth-wide basis. For example, Taxation Determination TD 2016/7 applies to the Fringe Benefits Tax (FBT) year commencing on 1 April 2016 and sets out the Commissioner's position on the car parking threshold for FBT. Similarly, Class Ruling CR 2016/29 applies to employers who are subject to specific sections of the Fringe Benefits Tax Assessment Act 1986 and provides guidance on the use of the B-Entertained MasterCard debit card facility, while Class Ruling CR 2016/30 applies to holders of ordinary shares in Recall Holdings Limited in relation to the scrip-for-scrip roll-over. Product Rulings PR 2016/4 and PR 2016/5 provide guidance on the tax treatment of participants in the W.A. Blue Gum Project 2016 and the AgriWealth 2016 Softwood Timber Project, respectively. Additionally, the Commissioner has withdrawn several older Taxation Determinations, effective from 18 May 2016, indicating that their guidance is no longer applicable or has been superseded by newer rulings or legislative changes.

Key Provisions

The document outlines several Taxation Determinations (TD) and Class Rulings (CR) issued by the Commissioner of Taxation, Chris Jordan. Each of these rulings addresses specific questions and provides clarifications on various aspects of Australian tax law. For example, TD 2016/7 specifies the car parking threshold for fringe benefits tax for the 2016 tax year, while CR 2016/29 provides guidance for employer clients of Community Sector Banking Pty Limited who use a B-Entertained MasterCard debit card facility for their employees. Additionally, there are Product Rulings (PR) that address specific tax projects, such as PR 2016/4 for the W.A. Blue Gum Project 2016 and PR 2016/5 for the AgriWealth 2016 Softwood Timber Project. The rulings impose obligations and requirements on taxpayers and employers to ensure compliance with the relevant sections of the Fringe Benefits Tax Assessment Act 1986 and the Income Tax Assessment Act 1997. For instance, employers who provide a B-Entertained MasterCard debit card facility must ensure that they adhere to the conditions set out in CR 2016/29. Similarly, taxpayers involved in the specified projects must comply with the requirements outlined in the respective Product Rulings. Failure to comply with these rulings and the underlying Acts may result in civil or criminal consequences. While the specific penalties for non-compliance are not detailed in the document, it is generally understood that breaches of tax laws can result in penalties, fines, interest charges, and in some cases, criminal prosecution. The severity of the penalties depends on the nature and extent of the breach, and the applicable sections of the tax legislation.

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

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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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