Product Ruling PR 2026/13
Date of effect: 1 April 2026

What this ruling is about: 1. This Ruling sets out the fringe benefits tax (FBT) consequences for an employer (Employer) of an employee (Employee) to whom EMobility Finance No.1 Pty Ltd (EMobility) provides an Electric Vehicle (EV) on a subscription basis under the terms and conditions of an Electric Vehicle Subscription Agreement (Subscription Agreement). 2. All legislative references in this Ruling are to the Fringe Benefits Tax Assessment Act 1986. Terms which are defined in the scheme documents referred to in paragraph 10 of this Ruling have been capitalised. 3. This Ruling does not address: Who this Ruling applies to 4. This Ruling applies to you if you, as the Employer, enter into the scheme described in paragraphs 10 to 17 of this Ruling on or after 1 April 2026 and on or before 31 March 2029. 5. This Ruling does not apply to you if you either: 6. This Ruling applies from 1 April 2026 to the Employers specified in paragraph 4 of this Ruling that enter into the scheme from 1 April 2026 until 31 March 2029. 7. However, the Ruling only applies and may be relied on to the extent that there is no change in the scheme or in the entity's involvement in the scheme. If the scheme carried out is materially different from the scheme described at paragraphs 10 to 17 of this Ruling, this Ruling cannot be relied upon and may be withdrawn or modified. 8. Subject to paragraph 3 of this Ruling and the assumptions in paragraph 9 of this Ruling: Assumptions 9. This Ruling is made on the basis of the following necessary assumptions: 10. The scheme is identified and described in the following: Note: certain information has been provided on a commercial-in-confidence basis and will not be disclosed or released under freedom of information legislation. 11. For the purposes of describing the scheme, there are no other agreements (whether formal or informal, and whether or not legally enforceable) which an Employer, or any associate of an Employer, will be a party to which are a part of the scheme. 12. All Australian Securities and Investments Commission requirements are, or will be, complied with for the term of the agreements. Overview of scheme 13. EMobility holds a fleet of EVs (either owned by EMobility, leased by EMobility under long-term leases or otherwise made available to EMobility by Origin) which it is offering to the employees of Origin business customers (Employers) on a subscription basis for the Hire Term. EMobility is a subsidiary company within the Origin group and an associate of Origin (as defined in subsection 136(1)). 14. In order to give effect to the subscription of EVs: 15. The terms of the Subscription Agreement: 16. The Subscription Fee payable to EMobility by the Employer covers the hire of the EV, registration, insurance, roadside assistance and servicing costs of the EV. 17. As contemplated by the Confirmed Order, the Employer will enter into an effective salary sacrifice arrangement with the Employee under which the Employee's salary will be reduced by the amount of the GST-exclusive portion of the Subscription Fee the Employer is liable to pay EMobility for the EV Subscription. Commissioner of Taxation 5 August 2026 Fringe benefits tax consequences in respect of provision of Electric Vehicle 18. Subsection 7(1) provides that where, in respect of the employment of an employee, a car held by a person (referred to as the 'provider'): then the application or availability of the car shall be taken to constitute a benefit provided by the provider to the employee in respect of the employment of the employee. 19. Paragraphs 162(1)(a), (b) and (c) respectively provide that a car is held by a person when the car is owned by that person, leased to that person or otherwise made available to that person by another person. EMobility is a 'person' for FBT purposes. 20. As EMobility will either be the person that owns the EV, the person to whom the EV is leased or the person to whom the EV is otherwise made available by Origin, EMobility will hold the EV (and be the provider) for the purposes of section 7. 21. Where the EV under the Subscription Agreement is subscribed for by the Employer and applied to a private use by the Employee or (pursuant to subsections 7(2) or (3)) is taken to be available for the private use of the Employee, the application or availability of the EV under an arrangement between EMobility as the provider and the Employer will constitute a car benefit provided by EMobility to the Employee in respect of the Employee's employment pursuant to subsection 7(1). 22. However, that car benefit will be an exempt benefit in relation to a year of tax pursuant to subsection 8A(1) where: Further exemption of car expenses 23. Where the use of a car is exempted under section 8A, the exemption under subsection 53(1) extends to the provision of any car expense payment benefit, car property benefit and car residual benefit (defined in subsection 53(3)) provided in respect of that car during the same time as the exempted car benefit. 24. Therefore, any car expense payment benefit, car property benefit and car residual benefit provided to the Employee in relation to an EV subscribed for under the Subscription Agreement and attributable to a period during which a car benefit would have been provided to the Employee but for the application of section 8A to treat it as an exempt benefit, is also an exempt benefit in accordance with subsection 53(1). Calculating the taxable value of car fringe benefits 25. While the car benefit provided to the Employee under the circumstances referred to in subparagraph 8 of this Ruling will be exempt from FBT pursuant to section 8A, the application of section 8A is disregarded for the purposes of working out the Employee's reportable fringe benefits amount (if any) for a year of income in respect of their employment by the Employer (subsection 135P(3)). 26. Therefore, where the provision of the EV to the Employee constitutes a car fringe benefit, defined in subsection 136(1) to mean a fringe benefit that is a car benefit, the taxable value of that car fringe benefit will be calculated by the Employer using the statutory formula method in section 9, unless the Employer elects to use the operating cost method in section 10. 27. The statutory formula method applies a statutory rate to the base value of a car. Where, at the earliest holding time, the car was owned by EMobility (as the provider) or was owned by Origin (as an associate of the provider), the base value of the EV subscribed for under the Subscription Agreement is determined under paragraph 9(2)(a) by reference to the 'cost price' of the EV to EMobility or Origin, as applicable (excluding registration and stamp duty), the cost of any fitted non-business accessories and dealer delivery charges (including GST). 28. Where the car is leased by EMobility (as the provider), the base value of the EV subscribed for under the Subscription Agreement is determined under paragraph 9(2)(a) by reference to the 'leased car value' of the EV. Where the EV leased by EMobility commences at or about the time the lessor under that lease purchased the EV (as assumed in subparagraph 9(d) of this Ruling), the 'leased car value' will be the cost price of the EV to the lessor (inclusive of GST). 29. The taxable value of a car fringe benefit calculated under the operating cost method is a percentage (representing the extent of the business use percentage applicable to the car) of the total costs of operating the car during the year. The operating costs of the EV determined under paragraph 10(3)(a) will include the Subscription Fees paid by the Employer to EMobility and any other costs paid for by the Employer in relation to the operation of the EV. © AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

Class of entities or scheme: 13. EMobility holds a fleet of EVs (either owned by EMobility, leased by EMobility under long-term leases or otherwise made available to EMobility by Origin) which it is offering to the employees of Origin business customers (Employers) on a subscription basis for the Hire Term. EMobility is a subsidiary company within the Origin group and an associate of Origin (as defined in subsection 136(1)). 14. In order to give effect to the subscription of EVs: 15. The terms of the Subscription Agreement: 16. The Subscription Fee payable to EMobility by the Employer covers the hire of the EV, registration, insurance, roadside assistance and servicing costs of the EV. 17. As contemplated by the Confirmed Order, the Employer will enter into an effective salary sacrifice arrangement with the Employee under which the Employee's salary will be reduced by the amount of the GST-exclusive portion of the Subscription Fee the Employer is liable to pay EMobility for the EV Subscription. Commissioner of Taxation 5 August 2026 | Fringe benefits tax consequences in respect of provision of Electric Vehicle: 18. Subsection 7(1) provides that where, in respect of the employment of an employee, a car held by a person (referred to as the 'provider'): then the application or availability of the car shall be taken to constitute a benefit provided by the provider to the employee in respect of the employment of the employee. 19. Paragraphs 162(1)(a), (b) and (c) respectively provide that a car is held by a person when the car is owned by that person, leased to that person or otherwise made available to that person by another person. EMobility is a 'person' for FBT purposes. 20. As EMobility will either be the person that owns the EV, the person to whom the EV is leased or the person to whom the EV is otherwise made available by Origin, EMobility will hold the EV (and be the provider) for the purposes of section 7. 21. Where the EV under the Subscription Agreement is subscribed for by the Employer and applied to a private use by the Employee or (pursuant to subsections 7(2) or (3)) is taken to be available for the private use of the Employee, the application or availability of the EV under an arrangement between EMobility as the provider and the Employer will constitute a car benefit provided by EMobility to the Employee in respect of the Employee's employment pursuant to subsection 7(1). 22. However, that car benefit will be an exempt benefit in relation to a year of tax pursuant to subsection 8A(1) where: | Further exemption of car expenses: 23. Where the use of a car is exempted under section 8A, the exemption under subsection 53(1) extends to the provision of any car expense payment benefit, car property benefit and car residual benefit (defined in subsection 53(3)) provided in respect of that car during the same time as the exempted car benefit. 24. Therefore, any car expense payment benefit, car property benefit and car residual benefit provided to the Employee in relation to an EV subscribed for under the Subscription Agreement and attributable to a period during which a car benefit would have been provided to the Employee but for the application of section 8A to treat it as an exempt benefit, is also an exempt benefit in accordance with subsection 53(1). | Calculating the taxable value of car fringe benefits: 25. While the car benefit provided to the Employee under the circumstances referred to in subparagraph 8 of this Ruling will be exempt from FBT pursuant to section 8A, the application of section 8A is disregarded for the purposes of working out the Employee's reportable fringe benefits amount (if any) for a year of income in respect of their employment by the Employer (subsection 135P(3)). 26. Therefore, where the provision of the EV to the Employee constitutes a car fringe benefit, defined in subsection 136(1) to mean a fringe benefit that is a car benefit, the taxable value of that car fringe benefit will be calculated by the Employer using the statutory formula method in section 9, unless the Employer elects to use the operating cost method in section 10. 27. The statutory formula method applies a statutory rate to the base value of a car. Where, at the earliest holding time, the car was owned by EMobility (as the provider) or was owned by Origin (as an associate of the provider), the base value of the EV subscribed for under the Subscription Agreement is determined under paragraph 9(2)(a) by reference to the 'cost price' of the EV to EMobility or Origin, as applicable (excluding registration and stamp duty), the cost of any fitted non-business accessories and dealer delivery charges (including GST). 28. Where the car is leased by EMobility (as the provider), the base value of the EV subscribed for under the Subscription Agreement is determined under paragraph 9(2)(a) by reference to the 'leased car value' of the EV. Where the EV leased by EMobility commences at or about the time the lessor under that lease purchased the EV (as assumed in subparagraph 9(d) of this Ruling), the 'leased car value' will be the cost price of the EV to the lessor (inclusive of GST). 29. The taxable value of a car fringe benefit calculated under the operating cost method is a percentage (representing the extent of the business use percentage applicable to the car) of the total costs of operating the car during the year. The operating costs of the EV determined under paragraph 10(3)(a) will include the Subscription Fees paid by the Employer to EMobility and any other costs paid for by the Employer in relation to the operation of the EV. © AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

Ruling: 1. This Ruling sets out the fringe benefits tax (FBT) consequences for an employer (Employer) of an employee (Employee) to whom EMobility Finance No.1 Pty Ltd (EMobility) provides an Electric Vehicle (EV) on a subscription basis under the terms and conditions of an Electric Vehicle Subscription Agreement (Subscription Agreement). 2. All legislative references in this Ruling are to the Fringe Benefits Tax Assessment Act 1986. Terms which are defined in the scheme documents referred to in paragraph 10 of this Ruling have been capitalised. 3. This Ruling does not address: | Who this Ruling applies to: 4. This Ruling applies to you if you, as the Employer, enter into the scheme described in paragraphs 10 to 17 of this Ruling on or after 1 April 2026 and on or before 31 March 2029. 5. This Ruling does not apply to you if you either: 6. This Ruling applies from 1 April 2026 to the Employers specified in paragraph 4 of this Ruling that enter into the scheme from 1 April 2026 until 31 March 2029. 7. However, the Ruling only applies and may be relied on to the extent that there is no change in the scheme or in the entity's involvement in the scheme. If the scheme carried out is materially different from the scheme described at paragraphs 10 to 17 of this Ruling, this Ruling cannot be relied upon and may be withdrawn or modified. 8. Subject to paragraph 3 of this Ruling and the assumptions in paragraph 9 of this Ruling: | Assumptions: 9. This Ruling is made on the basis of the following necessary assumptions: 10. The scheme is identified and described in the following: Note: certain information has been provided on a commercial-in-confidence basis and will not be disclosed or released under freedom of information legislation. 11. For the purposes of describing the scheme, there are no other agreements (whether formal or informal, and whether or not legally enforceable) which an Employer, or any associate of an Employer, will be a party to which are a part of the scheme. 12. All Australian Securities and Investments Commission requirements are, or will be, complied with for the term of the agreements. | Overview of scheme: 13. EMobility holds a fleet of EVs (either owned by EMobility, leased by EMobility under long-term leases or otherwise made available to EMobility by Origin) which it is offering to the employees of Origin business customers (Employers) on a subscription basis for the Hire Term. EMobility is a subsidiary company within the Origin group and an associate of Origin (as defined in subsection 136(1)). 14. In order to give effect to the subscription of EVs: 15. The terms of the Subscription Agreement: 16. The Subscription Fee payable to EMobility by the Employer covers the hire of the EV, registration, insurance, roadside assistance and servicing costs of the EV. 17. As contemplated by the Confirmed Order, the Employer will enter into an effective salary sacrifice arrangement with the Employee under which the Employee's salary will be reduced by the amount of the GST-exclusive portion of the Subscription Fee the Employer is liable to pay EMobility for the EV Subscription. Commissioner of Taxation 5 August 2026 | Fringe benefits tax consequences in respect of provision of Electric Vehicle: 18. Subsection 7(1) provides that where, in respect of the employment of an employee, a car held by a person (referred to as the 'provider'): then the application or availability of the car shall be taken to constitute a benefit provided by the provider to the employee in respect of the employment of the employee. 19. Paragraphs 162(1)(a), (b) and (c) respectively provide that a car is held by a person when the car is owned by that person, leased to that person or otherwise made available to that person by another person. EMobility is a 'person' for FBT purposes. 20. As EMobility will either be the person that owns the EV, the person to whom the EV is leased or the person to whom the EV is otherwise made available by Origin, EMobility will hold the EV (and be the provider) for the purposes of section 7. 21. Where the EV under the Subscription Agreement is subscribed for by the Employer and applied to a private use by the Employee or (pursuant to subsections 7(2) or (3)) is taken to be available for the private use of the Employee, the application or availability of the EV under an arrangement between EMobility as the provider and the Employer will constitute a car benefit provided by EMobility to the Employee in respect of the Employee's employment pursuant to subsection 7(1). 22. However, that car benefit will be an exempt benefit in relation to a year of tax pursuant to subsection 8A(1) where: | Further exemption of car expenses: 23. Where the use of a car is exempted under section 8A, the exemption under subsection 53(1) extends to the provision of any car expense payment benefit, car property benefit and car residual benefit (defined in subsection 53(3)) provided in respect of that car during the same time as the exempted car benefit. 24. Therefore, any car expense payment benefit, car property benefit and car residual benefit provided to the Employee in relation to an EV subscribed for under the Subscription Agreement and attributable to a period during which a car benefit would have been provided to the Employee but for the application of section 8A to treat it as an exempt benefit, is also an exempt benefit in accordance with subsection 53(1). | Calculating the taxable value of car fringe benefits: 25. While the car benefit provided to the Employee under the circumstances referred to in subparagraph 8 of this Ruling will be exempt from FBT pursuant to section 8A, the application of section 8A is disregarded for the purposes of working out the Employee's reportable fringe benefits amount (if any) for a year of income in respect of their employment by the Employer (subsection 135P(3)). 26. Therefore, where the provision of the EV to the Employee constitutes a car fringe benefit, defined in subsection 136(1) to mean a fringe benefit that is a car benefit, the taxable value of that car fringe benefit will be calculated by the Employer using the statutory formula method in section 9, unless the Employer elects to use the operating cost method in section 10. 27. The statutory formula method applies a statutory rate to the base value of a car. Where, at the earliest holding time, the car was owned by EMobility (as the provider) or was owned by Origin (as an associate of the provider), the base value of the EV subscribed for under the Subscription Agreement is determined under paragraph 9(2)(a) by reference to the 'cost price' of the EV to EMobility or Origin, as applicable (excluding registration and stamp duty), the cost of any fitted non-business accessories and dealer delivery charges (including GST). 28. Where the car is leased by EMobility (as the provider), the base value of the EV subscribed for under the Subscription Agreement is determined under paragraph 9(2)(a) by reference to the 'leased car value' of the EV. Where the EV leased by EMobility commences at or about the time the lessor under that lease purchased the EV (as assumed in subparagraph 9(d) of this Ruling), the 'leased car value' will be the cost price of the EV to the lessor (inclusive of GST). 29. The taxable value of a car fringe benefit calculated under the operating cost method is a percentage (representing the extent of the business use percentage applicable to the car) of the total costs of operating the car during the year. The operating costs of the EV determined under paragraph 10(3)(a) will include the Subscription Fees paid by the Employer to EMobility and any other costs paid for by the Employer in relation to the operation of the EV. © AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).


Appendix: Fringe benefits tax consequences in respect of provision of Electric Vehicle: 18. Subsection 7(1) provides that where, in respect of the employment of an employee, a car held by a person (referred to as the 'provider'): then the application or availability of the car shall be taken to constitute a benefit provided by the provider to the employee in respect of the employment of the employee. 19. Paragraphs 162(1)(a), (b) and (c) respectively provide that a car is held by a person when the car is owned by that person, leased to that person or otherwise made available to that person by another person. EMobility is a 'person' for FBT purposes. 20. As EMobility will either be the person that owns the EV, the person to whom the EV is leased or the person to whom the EV is otherwise made available by Origin, EMobility will hold the EV (and be the provider) for the purposes of section 7. 21. Where the EV under the Subscription Agreement is subscribed for by the Employer and applied to a private use by the Employee or (pursuant to subsections 7(2) or (3)) is taken to be available for the private use of the Employee, the application or availability of the EV under an arrangement between EMobility as the provider and the Employer will constitute a car benefit provided by EMobility to the Employee in respect of the Employee's employment pursuant to subsection 7(1). 22. However, that car benefit will be an exempt benefit in relation to a year of tax pursuant to subsection 8A(1) where: | Further exemption of car expenses: 23. Where the use of a car is exempted under section 8A, the exemption under subsection 53(1) extends to the provision of any car expense payment benefit, car property benefit and car residual benefit (defined in subsection 53(3)) provided in respect of that car during the same time as the exempted car benefit. 24. Therefore, any car expense payment benefit, car property benefit and car residual benefit provided to the Employee in relation to an EV subscribed for under the Subscription Agreement and attributable to a period during which a car benefit would have been provided to the Employee but for the application of section 8A to treat it as an exempt benefit, is also an exempt benefit in accordance with subsection 53(1). | Calculating the taxable value of car fringe benefits: 25. While the car benefit provided to the Employee under the circumstances referred to in subparagraph 8 of this Ruling will be exempt from FBT pursuant to section 8A, the application of section 8A is disregarded for the purposes of working out the Employee's reportable fringe benefits amount (if any) for a year of income in respect of their employment by the Employer (subsection 135P(3)). 26. Therefore, where the provision of the EV to the Employee constitutes a car fringe benefit, defined in subsection 136(1) to mean a fringe benefit that is a car benefit, the taxable value of that car fringe benefit will be calculated by the Employer using the statutory formula method in section 9, unless the Employer elects to use the operating cost method in section 10. 27. The statutory formula method applies a statutory rate to the base value of a car. Where, at the earliest holding time, the car was owned by EMobility (as the provider) or was owned by Origin (as an associate of the provider), the base value of the EV subscribed for under the Subscription Agreement is determined under paragraph 9(2)(a) by reference to the 'cost price' of the EV to EMobility or Origin, as applicable (excluding registration and stamp duty), the cost of any fitted non-business accessories and dealer delivery charges (including GST). 28. Where the car is leased by EMobility (as the provider), the base value of the EV subscribed for under the Subscription Agreement is determined under paragraph 9(2)(a) by reference to the 'leased car value' of the EV. Where the EV leased by EMobility commences at or about the time the lessor under that lease purchased the EV (as assumed in subparagraph 9(d) of this Ruling), the 'leased car value' will be the cost price of the EV to the lessor (inclusive of GST). 29. The taxable value of a car fringe benefit calculated under the operating cost method is a percentage (representing the extent of the business use percentage applicable to the car) of the total costs of operating the car during the year. The operating costs of the EV determined under paragraph 10(3)(a) will include the Subscription Fees paid by the Employer to EMobility and any other costs paid for by the Employer in relation to the operation of the EV. © AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).


What this Ruling is about | If this Ruling applies to you, and you correctly rely on it, we will apply the law to you in the way set out in this Ruling. That is, you will not pay any more tax or penalties or interest in respect of the matters covered by this Ruling. | This Ruling has been given on the basis that the entity who applied for the Ruling, and their associates, will abide by strict terms of use. Any failure to comply with the terms of use may lead to the withdrawal of this Ruling. | Potential participants must form their own view about the commercial and financial viability of the product. The Commissioner recommends a financial (or other) adviser be consulted for such information.


Legislative references: FBTAA 1986 7 FBTAA 1986 7(1) FBTAA 1986 7(1)(a) FBTAA 1986 7(1)(b)(ii) FBTAA 1986 7(2) FBTAA 1986 7(3) FBTAA 1986 7(7) FBTAA 1986 8(2) FBTAA 1986 8A FBTAA 1986 8A(1) FBTAA 1986 8A(2) FBTAA 1986 8A(3) FBTAA 1986 8A(4) FBTAA 1986 9 FBTAA 1986 9(2)(a) FBTAA 1986 10 FBTAA 1986 10(3)(a) FBTAA 1986 20 FBTAA 1986 53 FBTAA 1986 53(1) FBTAA 1986 53(3) FBTAA 1986 67 FBTAA 1986 135P(3) FBTAA 1986 136(1) FBTAA 1986 162(1)(a) FBTAA 1986 162(1)(b) FBTAA 1986 162(1)(c)