Taxation Determination TD 2011/14
Date of effect: 1 April 2011

What this ruling is about: This publication (excluding appendixes) is a public ruling for the purposes of the Taxation Administration Act 1953. A public ruling is an expression of the Commissioner's opinion about the way in which a relevant provision applies, or would apply, to entities generally or to a class of entities in relation to a particular scheme or a class of schemes. If you rely on this ruling, the Commissioner must apply the law to you in the way set out in the ruling (unless the Commissioner is satisfied that the ruling is incorrect and disadvantages you, in which case the law may be applied to you in a way that is more favourable for you - provided the Commissioner is not prevented from doing so by a time limit imposed by the law). You will be protected from having to pay any underpaid tax, penalty or interest in respect of the matters covered by this ruling if it turns out that it does not correctly state how the relevant provision applies to you. Ruling 1. The car parking threshold for the fringe benefits tax (FBT) year commencing on 1 April 2011 is $7.71. This replaces the amount of $7.46 that applied in the previous year commencing 1 April 2010. Date of effect 2. This Determination applies to the FBT year commencing on 1 April 2011. Commissioner of Taxation 25 May 2011




Appendix: 3. Section 39A of the Fringe Benefits Tax Assessment Act 1986 sets out a number of conditions that must be met before car parking facilities provided by an employer to an employee will be subject to FBT. 4. Broadly two of these conditions are that a commercial car parking station is located within a 1 kilometre radius of the employer provided car park, and that the lowest fee charged by the operator of that car park is more than the car parking threshold. Where there is more than one commercial parking station located within 1 kilometre, the condition is satisfied where the lowest fee charged by any of the operators is more than the threshold. 5. For example, if there are 3 commercial parking stations located within 1 kilometre of the employer provided car park and the lowest fee charged by each of the operators on 1 April 2011 is $6.50, $7.00 and $8.00, the condition is satisfied because the lowest fee charged by one of the operators on 1 April 2011 is more than the car parking threshold. 6. The car parking threshold set in this Determination has been ascertained by adjusting the previous year amount $7.46 by a factor equivalent to the movement in the All Groups Consumer Price Index (3.3 per cent). Not previously issued as a draft




Previous rulings: TD 96/23 TD 97/17 TD 98/8 TD 1999/28 TD 2000/26 TD 2001/11 TD 2002/14 TD 2003/14 TD 2004/16 TD 2005/18 TD 2006/37 TD 2007/17 TD 2008/12 TD 2009/11 TD 2010/13
Legislative references: FBTAA 1986 39A TAA 1953