Notice of Rulings, Notice of Withdrawals

Administered by Department of the Treasury

Legislation au C2020G00260 In force Gazette

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

NOTICE OF RULINGS
Ruling number	Subject	Brief description
TD 2020/3	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 2020?	This Determination sets 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 2020. This Determination applies from 1 April 2020 to 31 March 2021.
TD 2020/4	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 2020	This Determination sets out the amounts the Commissioner considers reasonable, 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 2020. This Determination applies from 1 April 2020 to 31 March 2021.
CR 2020/14	SmarTrak Aust Pty Ltd booking system – use for FBT car logbook records and odometer records	This Ruling sets out the circumstances in which the logbook report and the odometer reading report that the SmarTrak Aust Pty Ltd booking system produces satisfies the legislative requirements for the purpose of calculating the taxable value of a car fringe benefit using the cost basis method. This Ruling applies from 1 April 2019 to 31 March 2024.
CR 2020/15	Sydney Metro – disturbance payments in respect of the construction of the Sydney Metro West	This Ruling sets out the income tax consequences of disturbance payments to be made by Sydney Metro in connection with the construction of the Sydney Metro West. This Ruling applies from 1 January 2020 to 31 December 2024.
CR 2020/16	Sydney Metro – disturbance payments in respect of the construction of the Sydney Metro Greater West	This Ruling sets out the income tax consequences of disturbance payments to be made by Sydney Metro in connection with the construction of the Sydney Metro Greater West. This Ruling applies from 1 January 2020 to 31 December 2024.
CR 2020/17	URB Investments Limited - partial scrip for scrip roll-over	This Ruling sets out the tax consequences for the Australian resident shareholders in URB Investments Limited who exchanged their shares on 20 December 2019 for stapled securities in 360 Captive Active REIT and 360 Captive Passive REIT. This Ruling applies from 1 July 2019 to 30 June 2020.
CR 2020/18	PS&C Limited – return of capital by way of in specie distribution	This Ruling sets out the tax consequences for shareholders of PS&C Limited who received a return of share capital on 29 January 2020 by way of an in specie distribution of shares in Tesserent Limited. This Ruling applies from 1 July 2019 to 30 June 2020.
CR 2020/19	Multiplex Development and Opportunity Fund – return of capital	This Ruling sets out the tax consequences for Multiplex Development and Opportunity Fund unitholders who received the return of capital on 5 March 2020. This Ruling applies from 1 July 2019 to 30 June 2020.
PR 2020/2	Income tax: taxation consequence of investing in C2 Gateway Deferred Purchase Agreement	This Ruling sets out the Commissioner’s view on the way in which the relevant provisions apply to the defined class of entities that take part in the C2 Gateway Deferred Purchase Agreement scheme. This Ruling applies from 25 March 2020.

NOTICE OF WITHDRAWALS
Ruling number	Subject	Brief description
TD 2014/4	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 2014?	This Determination is withdrawn with effect from 25 March 2020.
TD 2014/5	Fringe benefits tax: what is the benchmark interest rate to be used for the fringe benefits tax year commencing on 1 April 2014?	This Determination is withdrawn with effect from 25 March 2020.
TD 2014/6	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 FBT year commencing on 1 April 2014?	This Determination is withdrawn with effect from 25 March 2020.
TD 2014/9	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 FBT year commencing on 1 April 2014	This Determination is withdrawn with effect from 25 March 2020.
TD 2014/11	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 2014?	This Determination is withdrawn with effect from 25 March 2020.

Overview

The Commissioner of Taxation has issued a series of rulings and notices under the authority of the Fringe Benefits Tax Assessment Act 1986 and the Income Tax Assessment Act 1997. These rulings provide clarification on specific tax issues, including the rates for calculating the taxable value of fringe benefits related to the private use of motor vehicles and the reasonable amounts for food and drink expenses for employees receiving a living-away-from-home allowance. The rulings also address the tax consequences of specific transactions such as disturbance payments for the construction of the Sydney Metro West and the return of capital by various entities. These rulings and determinations are designed to assist taxpayers in understanding their obligations and to ensure compliance with the relevant tax legislation. The rulings apply for specific periods, generally from April 1 to March 31 of the following year, or as specified for particular transactions.

Scope and Application

The Commissioner of Taxation, Chris Jordan, has issued several rulings and determinations that provide clarity on various aspects of fringe benefits tax (FBT), income tax, and other related matters. These rulings and determinations are applicable to employers, employees, and other entities involved in transactions subject to FBT and income tax, with specific focus on the calculation of taxable values and the tax consequences of certain financial transactions. The rulings generally apply on a Commonwealth level, impacting entities and individuals within Australia. Notably, the rulings and determinations cover specific periods, such as the fringe benefits tax year commencing on 1 April 2020, and some have already been withdrawn, like the Determinations issued in 2014. The application of these rulings can be extended or modified through subordinate instruments, allowing for adjustments to rates and thresholds in response to changing economic conditions or legislative amendments.

Key Provisions

The main operative sections of the rulings provided relate to specific determinations and clarifications regarding fringe benefits tax (FBT), income tax, and various tax consequences associated with certain transactions. For example, TD 2020/3 (paragraph 1) sets the rates for calculating the taxable value of a fringe benefit arising from the private use of a motor vehicle other than a car for the FBT year commencing on 1 April 2020. Similarly, TD 2020/4 (paragraph 2) establishes the reasonable amounts for food and drink expenses incurred by employees receiving a living-away-from-home allowance fringe benefit for the same period. These rulings are crucial for determining the correct taxable amounts and ensuring compliance with FBT regulations. The obligations and requirements imposed by these rulings are primarily concerned with the accurate calculation and reporting of taxable benefits and expenses. Employers and employees must adhere to the specified rates and thresholds to correctly assess the taxable value of fringe benefits provided. For instance, under TD 2020/3, employers must apply the prescribed rate to the private kilometres driven by non-car motor vehicles to determine the taxable benefit. Furthermore, TD 2020/4 mandates that employers consider the reasonable amounts set out in the ruling when calculating the taxable value of food and drink expenses provided to employees on a living-away-from-home allowance. Failure to comply with these obligations may result in incorrect FBT assessments and potential audits. Offences, penalties, and consequences for breaches of these rulings are outlined in the relevant taxation acts, such as the Fringe Benefits Tax Assessment Act 1986 and the Income Tax Assessment Act 1997. Non-compliance with the FBT provisions can lead to penalties, which may include a general penalty for underpaid tax and additional penalties for serious or repeated breaches. The maximum penalties for serious or repeated breaches can be significant, often calculated based on a percentage of the unpaid tax or the benefit provided. Civil and criminal consequences may also apply, depending on the nature and extent of the breach. It is imperative for taxpayers and their representatives to ensure compliance with these rulings to avoid such penalties and legal repercussions.

Area of Law: Taxation Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Fringe Benefits Tax; Income Tax

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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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