PCG 2016/8: Fuel Tax Credits - apportioning fuel for fuel tax credits
Document type: Final PCG
Status: Current
Date of issue: 3 May 2016
Date of effect: 31 July 2010

1. In Fuel Tax Determination FTD 2010/1, it is explained that entities may need to use a 'fair and reasonable' apportionment method to calculate the extent of their entitlement to a fuel tax credit. 2. This Guideline provides some acceptable, practical methodologies to assist taxpayers in apportioning taxable fuel to meet their fuel tax credit obligations. It also explains various principles, measures and factors that may be applied to determine if other methods used are also 'fair and reasonable.' 3. If one of the methods and measures set out in this Guideline is applied appropriately in the entity's circumstances, then it will be accepted as fair and reasonable apportionment. Taxpayers do not have to follow the methods outlined in this Guideline and may use other methods provided they can be shown to result in a fair and reasonable apportionment of taxable fuel use for the purpose of calculating fuel tax credit entitlements. 4. A glossary of terms used in this Guideline is provided in Attachment A .

Scope: 6. This Guideline applies to an entity that has an entitlement to fuel tax credits for taxable fuel they acquired and, for the purposes of Divisions 41 to 43 of the Fuel Tax Act 2006, they need to apportion the taxable fuel between the different uses of the fuel. Apportionment - general principles 7. Apportionment may be required to work out the quantity of taxable fuel used in different activities. Apportionment may also be required to work out the quantity of taxable fuel used in a vehicle between powering the vehicle and its auxiliary equipment. 8. An entity may use more than one apportionment method for different fuel types, different activities or different types of vehicles, equipment or machinery. 9. Any method should be: Commonly used methods that are considered fair and reasonable 10. The Fuel Tax Act 2006 and regulations do not set out any methods that an entity must use to apportion taxable fuel. 11. The most common methods which are considered fair and reasonable are: Within the basic method an entity may work out the fuel using these methods: 12. The basic method, either constructive, deductive or estimate, and the percentage use method were prescribed in the Energy Grants (Credits) Scheme Regulations 2003. The Energy Grants Credits Scheme was the precursor scheme to fuel tax credits. Whilst these methods can be used for fuel tax credits purposes, they are not mandatory and other methods may provide a fair and reasonable basis for apportionment, taking into account business structure, fuel use and accounting systems. 13. An entity may use other methods or variations to the above methods provided they can substantiate that the method results in a fair and reasonable apportionment in their circumstances. Factors to be taken into account when applying the deductive or constructive method 14. Using the deductive method, the apportionment will be fair and reasonable where the total quantity of taxable fuel acquired is determined by reference to the supplier's documentation or other relevant documentation. 15. Using the constructive method the apportionment will be fair and reasonable where: Percentage use method for working out the apportionment of taxable fuel used in light vehicles 16. Where an entity's activities involve the use of taxable fuel in light vehicles that travel on public roads and non public road areas, the percentage use method may provide a fair and reasonable apportionment of the taxable fuel used in these vehicles. 17. The location where the light vehicle is used must be separately identifiable and the amount of travel at that location must be reasonably consistent. 18. When dealing with a large fleet of light vehicles a sample of the vehicles may assist in establishing a percentage that is fair and reasonable. This sample may be based on characteristics such as: 19. The entity may determine the percentage of either the on public road or off public road travel and apportion the taxable fuel according to this percentage. The percentage of taxable fuel use may then be applied over subsequent tax periods and to a fleet of light vehicles if the usage of the vehicles is consistent. Measures that may be reliable for calculating the amount of taxable fuel consumed 20. The type of measure will depend upon how the taxable fuel has been consumed such as, in a vehicle, or by equipment and machinery. 21. Examples of known reliable measures for calculating the amount of taxable fuel acquired for use in an eligible activity include: 22. Some measures need to be considered in conjunction with other data. For example, driver refuelling records will only confirm the litres dispensed and not the activity in which the litres were used. Accordingly, additional records will be required to show how and where the fuel is consumed. Similarly, the hours of operation of equipment may not demonstrate the fuel consumed per hour. As such, both the fuel consumption per hour and the hours of operation must be reasonably determined. 23. Other measures may also be suitable using the various data available. It will be necessary to determine whether the data extrapolated from the measure demonstrates fuel usage accurately in order to establish that the methodology and any apportionment of the taxable fuel is fair and reasonable. 24. New and improved technology may allow for additional measures. If an additional measure, used appropriately, provides for a fair and reasonable apportionment that can be substantiated, then it can be accepted. Factors that need to be considered when using particular measures 25. An entity may choose to reduce its compliance costs by relying on manufacturer's specifications, even if those specifications indicate lower fuel consumption than the actual fuel consumption. This is an acceptable practice. 26. If an entity is relying on the manufacturer's specifications to calculate fuel consumption (for example when using them in conjunction with the constructive or deductive method), the specifications must relate to the facts and circumstances of the vehicle or machinery. For example: 27. When determining fuel consumption based on hours of operation the rate of fuel consumption must be taken into account. For example, where a vehicle travels on public roads, and operates auxiliary equipment on sites (off public roads), the rate of fuel consumed differs in respect of these different activities. Apportioning fuel consumption solely by the hours of operation will not give a fair and reasonable apportionment. Additional steps will be necessary to determine the rate of fuel consumption for the different activities prior to apportioning the taxable fuel based on the hours of operation of each activity. Sampling of vehicles and equipment for determining fuel consumption 28. If an entity is using a number of the same or similar vehicles, or equipment in similar ways, a sample that is a reasonable representation of the fleet or equipment may be used in the apportionment methodology. A significant number of similar vehicles are not required in the sample size provided the circumstances and conditions of the use of the vehicles or equipment are consistent. 29. A sampling size will be appropriate where: 30. The Commissioner does not prescribe a set period an entity must use for sampling. The entity must be able to show that the length of the sample period can provide a result that demonstrates normal fuel usage for their business operations. Any seasonal fluctuations in fuel usage, changes in contracts and other factors affecting fuel usage should be considered when determining the length of the sample period and the time that the sample is undertaken. 31. The Commissioner does not prescribe a particular confidence interval or tolerable error rate in relation to any sampling carried out. Matters to be considered in relation to fuel and auxiliary equipment 32. The fuel tax credit for taxable fuel used in a heavy vehicle for travelling on a public road is reduced by the road user charge. The fuel tax credit for taxable fuel used in the auxiliary equipment of a heavy vehicle travelling on a public road is not reduced by the road user charge. Therefore, the fuel used in a heavy vehicle that has auxiliary equipment must be apportioned according to whether it is used in the auxiliary equipment or in the vehicle for travelling on a public road. 33. PS LA 2013/4 (GA) Fuel tax credits - Road user charge - apportioning taxable fuel used in a vehicle for powering the auxiliary equipment of the vehicle sets out the percentage of taxable fuel used in a heavy vehicle that is considered to be a fair and reasonable apportionment of the fuel used to power the auxiliary equipment of the vehicle. Where an entity chooses to apply the percentage set out in PS LA 2013/4 (GA) for the relevant vehicle, it is taken that the apportionment is fair and reasonable. 34. If an entity chooses to adopt another methodology to apportion the fuel in auxiliary equipment they must be able to substantiate that the methodology provides a fair and reasonable apportionment. The appropriate documentation for substantiation may include such things as results of any relevant fuel consumption testing, formulas and calculations, and other relevant data. 35. An entity may adopt different methodologies for working out the apportionment of taxable fuel for the different types of auxiliary equipment used in the enterprise. 36. In working out the fuel consumption, any sampling for fuel consumption testing purposes of the vehicles or the auxiliary equipment of the vehicles, must reasonably represent the vehicles and auxiliary equipment used in that particular enterprise. It must include vehicles of various sizes, ages and configurations. Where the results of any fuel consumption trials are inconsistent, a larger test sample may be necessary. The fuel testing trials must reasonably take into account the conditions under which the vehicles and auxiliary equipment operate. The entity must be able to demonstrate that it is reasonable to apply the sampling result to the wider fleet or group of vehicles or equipment. Variables that affect fuel consumed by auxiliary equipment 37. Fuel used to power the auxiliary equipment may be sourced from a separate fuel tank or from the tank that fuels the main engine of the vehicle. The auxiliary equipment may also take power from the main engine through a power take off (PTO), which in turn increases the fuel used by the vehicle while it is travelling, or while the vehicle is idling. 38. Several variables may affect the amount of fuel consumed by the auxiliary equipment or the associated vehicle and may impact on the methodology used to determine fuel consumption. These variables may include: 39. The following are some examples of the data that may be used to calculate fuel consumption: Using a third party's apportionment 40. Although entities must determine their own fuel apportionment and calculate their own fuel tax credit claims, it may be fair and reasonable to use a third party's methods and calculations in a particular circumstance. Where subcontractors perform the same services as the contractor and under the same conditions, for example in the cement transport and commercial coach and bus industries, it is reasonable for the subcontractor to apportion fuel use in the same way as their contracting entity if they: 41. Where an entity chooses to use a third party's apportionment methodology they must be able to demonstrate that they meet the above conditions. Can an entity use a safe harbour? 42. On occasion, the Commissioner may determine and publish safe harbour approaches that stipulate an acceptable apportionment amount or a specific practice for determining fuel tax credit entitlements. An example is PS LA 2013/4 (GA) which sets out percentage rates representing fair and reasonable apportionment of fuel used to power the auxiliary equipment of various heavy vehicle types. 43. Where such a safe harbour is available, the apportionment resulting from its use will be accepted as fair and reasonable. Entities are not obliged to use safe harbours and may choose to use an alternate apportionment methodology that is fair and reasonable to determine actual fuel use. However, a safe harbour approach cannot be used together with an alternate methodology to effectively distort the proxy provided by the safe harbour. Methodology used to consider temperature correction and ambient temperature for liquid fuels 44. Excise duty is payable on the volume of taxable liquid fuel (such as diesel or petrol) measured either at a standard temperature or, in limited cases, at ambient temperature. An entity may acquire taxable fuel where the relevant documentation shows the number of litres supplied but does not state the method used to measure the volume of fuel. There is no requirement for fuel tax credit purposes for suppliers to include this information on the relevant tax invoice. 45. If an entity uses an apportionment methodology based on use of fuel rather than acquisition, the volume of fuel will be based on the ambient temperature at the time of use of the fuel which may differ from the volume of litres of fuel when acquired. If the apportionment methodology is fair and reasonable it can be accepted. When is it advisable to review a methodology used? 46. If an entity's circumstances change in a material way, it will be necessary to review the apportionment method used. 47. The entity should consider the nature of any change in circumstances and how much time has elapsed since the methodology was last reviewed. Relevant changes in circumstances may include: What types of records are kept? 48. Records kept by the entity should support the claims made and should contain the following information: 49. Similarly, records to substantiate the outcome of an apportionment method and measurements will also be relevant and need to be retained by the entity. These records also need to support that the apportionment methodology used is fair and reasonable. Records supporting an apportionment method and measurements may be records that an entity normally keeps as part of carrying on its enterprise or may be additional records. For example, additional records may include any fuel consumption trials, reports and other data, GPS and software data, and information establishing a representative period for pattern of use or sampling. 50. Types of records (not an exhaustive list) are contained in Table 1 . More information 51. For more information, see:





Fuel Tax Credits - apportioning fuel for fuel tax credits: This Practical Compliance Guideline sets out a practical administration approach to assist taxpayers in complying with relevant tax laws. Provided you follow this guideline in good faith, the Commissioner will administer the law in accordance with this approach.

What this Guideline is about | Which entities are covered by this Guideline? | Factors that need to be considered when using various measures | Attachment A - Glossary of terms | Table 1: Types of records supporting apportionment | Date of effect: 5. This Guideline applies to tax periods ending on or after 31 July 2010. This broadly aligns with the date of effect for Fuel Tax Determination FTD 2010/1. This Guideline replaces Practice Statement Law Administration PS LA 2010/3 Apportioning fuel for tax credits. | Commissioner of Taxation 3 May 2016 | 'acquire' refers to 'acquire, manufacture in, or import into Australia' in Divisions 41, 42 and 43 of the Fuel Tax Act 2006 and to 'acquire manufacture or import taxable fuel' in Items 10 and 11 of Schedule 3 to the Fuel Tax (Consequential and Transitional Provisions) Act 2006. | 'auxiliary equipment' is a mechanism or apparatus that does not propel or operate the functions of the vehicle that are for the purpose of travelling. Examples of such equipment includes: | 'eligible activity' means an activity conducted in the course of carrying on an enterprise, making a taxable supply of taxable fuel for domestic heating, or for generating electricity for domestic use, for which an entity is entitled to a fuel tax credit. | 'enterprise' refers to 'enterprise' as defined in section 110 5 of the Fuel Tax Act 2006. | A vehicle with a GVM of more than 4.5 tonnes. Diesel vehicles acquired before 1 July 2006 can equal 4.5 tonnes GVM and are still considered heavy vehicles. | A vehicle with a GVM of 4.5 tonnes or less. | 'taxable fuel' is a reference to 'taxable fuel' as defined in section 110 5 of the FTA. | 'tax period' has the meaning given by section 195 1 of the A New Tax System (Goods and Services Tax) Act 1999. | Table 1: Types of records supporting apportionment: Examples of records that may be relevant for supporting the method of apportionment adopted include (not an exhaustive list and depends on the circumstances and business): | Information that the record may provide | Records of business expenses | Relate to activities conducted in the course of carrying on an enterprise | Sales and production records | Supporting agricultural land, mining leases, equipment | Supporting fuel usage and may provide details about the fuel acquisition arrangement. | Vehicle and equipment use and maintenance records | Also show usage of the vehicles and maintenance. | Government requirements (such as licenses) | Tax invoices and acquisition records such as delivery documents | Support date of acquisition of fuel; type of fuel; quantity of taxable fuel; fuel delivery; location or address to which fuel was delivered. | Reports and data generated from device applications; software applications and other technology | May support routes, fuel usage and consumption depending upon the application and software. | Records of fuel usage including date and location of each activity. | Support fuel usage and may indirectly support consumption depending upon the record. | Engine reports including engine diagnostic report; computer management or monitoring systems reports | Supporting fuel consumption in vehicle including idling, auxiliary equipment etc. | Log books covering a representative period to establish a pattern of use in vehicles, machinery or equipment | To determine percentages, sampling etc. | Reconciliations of information on fuel acquisitions and other records of usage. | Details of fuel usage trails of vehicles and/or auxiliary equipment | Information may be used as part of a methodology for apportioning fuel | Details of meter, odometer, kilowatt hours | Useful for establishing electricity generated and hour usage readings, kilometres travelled etc. to determine fuel consumption. | Route distance records of vehicle or equipment operation. | Records kilometres travelled that is used in conjunction with other records for fuel consumption. | Records showing type of vehicles with a GVM greater than 4.5 tonnes or, a light vehicle or machinery or equipment used in enterprise | Vehicle registration details; lease documents, hire purchase and purchase records.

Related rulings and determinations: PS LA 2010/3 | PS LA 2013/4
Legislative references: Fuel Tax Act 2006 Fuel Tax Act 2006 Div 41 Fuel Tax Act 2006 Div 42 Fuel Tax Act 2006 Div 43 Fuel Tax Act 2006 110-5 ANTS(GST)A 1999 195-1 Fuel Tax (Consequential and Transitional Provisions) Act 2006 Sch 3
Other references: PS LA 2013/4 (GA) PS LA 2010/3 EXC 2011/1 PCG 2016/2 PCG 2016/3 PCG 2016/4