The ATO has turned its attention to the fringe benefits tax (FBT) implications of employees’ private use of work vehicles.
The ATO believes this is an area that is frequently overlooked by employers.
If your business supplies work vehicles to employees, it’s essential to understand how the vehicles are being used and whether any FBT exemptions apply.
Note: Directors are considered employees for FBT purposes even if they do not receive a wage.
FBT generally arises when a work vehicle is made available for private use, even if it is not actually used for private purposes.
Private use includes any travel that is not directly related to the employee’s job, such as:
Important: Carrying tools or work equipment in the vehicle does not change the nature of a personal trip.
If the vehicle is driven for a personal purpose, for example, a weekend outing or a holiday, it is still private use, even if the tools stay in the back.
Some vehicles, such as specific types of utes, panel vans, or other commercial vehicles, may be exempt from FBT if:
Option 1: FBT law
Option 2: ATO Practical Compliance Guideline
PCG 2018/3 gives businesses a clear compliance “safe-harbour” if you meet its rules, the ATO will generally not review your exemption.
To qualify, all the following are required:
Regular weekend trips or holidays disqualify the exemption, even if the vehicle carries work tools or equipment.
Under PCG 2018/3, both are essential to demonstrate limited private use.
Written Policy
Your business should have a short document or email that:
This policy doesn’t need to be long, one page is enough, but it must exist and be shared with the employee.
Employee Declaration
Each FBT year, the employee should sign a simple statement confirming:
You can use the ATO’s approved declaration template or your own version with the same information.
Keeping these records shows the ATO you’ve actively managed compliance — not just assumed an exemption applies.
Vehicles – Under 1 tonne carrying load (car)
Value the fringe benefit using:
Vehicles – Over 1 tonne carrying load (non-car / residual benefit)
Value the fringe benefit using:
Note: If you do not have a logbook for vehicles over 1 tonne and the vehicle is not eligible for an exemption, the private use percentage will default to 100% when using the Operating Cost Method.
This means the entire cost of operating the vehicle becomes taxable for FBT purposes.
You may not realise this but ‘Old School’ Accountants charge by the minute.
They are driven by timesheets.
What’s the problem with your accountant charging you using timesheets?
The problem is this…
If the accountant wanted to make more money out of you, what does he need to do?
“Take longer,” you say?
And you would be correct … he could take longer.
“an accountant who does timesheets could either take longer to make more money out of you, or he could just “SAY” he took longer.”
It’s like a dirty Donald Trump locker room secret that most accountants don’t want you to know about – a practice called “TIMESHEET PADDING.”
I’m guilty. I’ve fabricated some pretty spectacular timesheets in my time.
But I was expected to by my employer in order to ‘meet budget’.
So next time you receive a bill from your Accountant ask him or her if they use timesheets to charge and if instead, they could move you to a fixed price or upfront fee so that you know exactly how much your bill will be.
Book in, to TEST DRIVE AN ACCOUNTANT – a 15 min rapid fire Q & A session with an Inspirational Accountant.
Anyone who knows me, knows that I’m a big coffee freak. I have about 3 or 4 cappuccinos every day. My favourite coffee shop is Bellissimo. You’ve got to try it. It’s around the corner from Inspire and there’s also one around one from my house. I get it everywhere.
I was down there meeting with a prospective client the other day. I shouted the coffees, of course. I went to pay for the coffees and the kind girl behind the desk asked me, “Would you like a tax invoice?” It made me think, why would I need a tax invoice? Are coffee meetings tax deductible? So I went back to Inspire and asked the accountants this very question:
“Are coffee meetings tax deductible? What about other meetings that include food, are they tax deductible too?”
Here’s what they told me:
If you’re an employee going off to a conference, and you’re away from your usual home, then you can claim that meal.
There’s guidance from the ATO, but budget for about a hundred dollars per night. That means you might be able to go to the coffee club and grab a Bolognese, but I wouldn’t really be going to Jamie’s Italian and getting a full course meal.
Say you got a team, this happens quite regularly during tax time, we’re really busy and we tend to work late. We go out and buy Domino’s. That’s fine because that’s all part of keeping the progress going, with regards to our work. If it’s related to our team being able to continue working, then that’s okay.
I know this really cool engineering business in West End, who have a chef in-house and they supply meals to their team, throughout the day. What a great place to work? These items would be tax deductible and exempt of FBT.
As a business owner, you might be out and about, meeting with clients throughout the day. Grabbing a coffee and a muffin, here and there, while you’re doing your day-to-day work is A-okay. Again, you’ve got to be reasonable. The ATO isn’t stupid. If you’re putting through 7-course at a gas station lunches, instead of a coffee here and a muffin, it’s probably not going to go down so well.
To conclude, My advice to you, as a fellow business owner is to:
2. Ask yourself the question, ‘What is the return on investment you’re going to get from that?’ I always try to aim for 5 to 20 times our way. This is the focus point for you as a business owner, if it turns out to be tax deductible as a result, well bonus. If it isn’t, move on. There’s no point in trying to spend an hour trying to make a 20 cent tax savings on an orange mocha Frappuccino that you had on the weekend than risk that concern and anxiety that might come from being audited.
3. And most importantly, focus on the biggest bang for your buck!
Book in to TEST DRIVE AN ACCOUNTANT – a 15 min rapid fire Q & A session with an Inspirational Accountant.
Imagine you’ve got an amazing business that is trading through a Trust.
You take out some profit to feed yourself, feed your family, put the kids in school and live comfortably.
But you still have some excess profit left over!
If you take it out, you’ll have to pay up to 49 percent tax.
The purpose of this company is to receive a distribution from your business.
It’s a distribution of profits of your business.
So here’s where the tax savings come in …
Individuals pay up to 49 percent tax, but companies when they’re receiving a distribution from a trust, they only pay 30 percent tax.
So paying that profit to a company instead of an individual will save you 19% tax – 49% minus 30%.
Important: You can’t just do this distribution ‘on paper’.
Then you can use that money to invest in anything else like commercial property, residential property, you can invest in shares with the money in the company.
You may know these company structures by the following names –
I like to think of it as your “Family Vault”.
It’s a smart place to store the profits your business AND reduce the amount of tax you’re paying.
Book in, to TEST DRIVE AN ACCOUNTANT – a 15 min rapid fire Q & A session with an Inspirational Accountant.
In every Self Managed Super Fund there are 2 sides. An Accumulation side and a Pension side.
Using Harvee’s plane analogy from the beginning, the accumulation side or phase of an SMSF is when the fund is actively growing. The same as when that plane is climbing to new heights. You can’t touch any of that money while it’s in accumulation and that accumulation side has a set tax rate of 15% on what it earns.
So step 1 in controlling taxation is saving tax on contributions.
For example, I contributed $30,000 this year into my Family Super Fund – it’s called the Keshi Super Fund, named after a family dog I used to walk.
If I chose not to dump the $30K into super, I would have paid tax on that $30,000 at my highest marginal tax rate of 49%.
So by putting $30,000 towards my goal of becoming a Self Made Success, I saved $10,200 tax because as I’m in accumulation, I paid at only 15% instead of 49% – my plane is ascending!
Now fast forward 33 years and my wealth plane has been ascending higher and higher, it’s 2049 and I hit what is called preservation age, which means the government allows me to start accessing my super.
The plane begins its descent towards landing at retirement, so I am allowed to bring some of my assets in the SMSF over to the Pension side.
Any idea what the tax rate is on the Pension Side?
Zero percent. Booyah!
So that $30,000 I contributed last year, not only did I save $10,200 on the contribution, but so too did the other 3 members in my Family Super Fund.
With the $120,000 now in the fund, from 4 members contributing $30,000, we used that as a deposit to buy a $500,000 Commercial Property.
If we held on to the property for 34 years, and let’s say it doubled in value over that time and it’s worth $1,000,000.
I can sell the property when the SMSF is in pension phase and pay ZERO tax on that $500,000 capital gain.
WOW, WOW, WOW.
Just to give you some context, If made the exact same property deal but brought it in my own name, outside of super, I would have had to pay $122,500 tax (based on my top marginal tax rate of 49%)
So that’s how the Accumulation side and Pension side of an SMSF work – 15% in accumulation 0% in Pension.
But that’s not all …
What if I told you we could use negative gearing inside of a Super Fund to turn that 15% tax rate in the accumulation phase, down to ZERO?
That is legit possible.
There’s thousands of us SMSF Millionaires who implement this strategy every day.
Week 3 of the Become a SMSF Millionaire, 12 week course the lesson is called “The SMSF Millionaire’s guide to paying Less, Little and even NO tax in your SMSF”. It’s very hard to get ahead if 50c of every dollar you earn is going to the Tax Man.
You buy an asset.
A car for example.
For running around doing quotes onsite.
Its value will GO DOWN (aka depreciate) over time.
So the tax man lets you claim that depreciating value – Thanks, Tax Man!
If the asset is $20,000 and under you get 100% tax deduction NOW.
You can claim depreciation … bit by bit over the next 8 years. Sad Face.
(If you want the detail, here’s how much depreciation you could claim in the first year: Only up to a maximum of $5,000 in the first year, but this amount gets lower the further into the financial year that you buy it. If you buy the car on 30 June, you would only get a $13 tax deduction!! boring…)
You get a 100% Tax Deduction this year. Woohoo!
BOOM.
So if you were already shopping for a new asset for the business, remember the magic number – $20,000.
This strategy has been around since May 2015.
Your accountant should have made you aware if they’re a good adviser for your business.
Why $20,000?
This is the limit that the ATO advised in the May 2015 budget.
What if I turn over more than $2,000,000 can I still use the strategy?
No, sorry. The strategy is only available for what the ATO calls ‘Small Businesses’ – those who turn over less than $2,000,000.
You may be aware that superannuation is the best investment vehicle for tax purposes out there.
It’s also easy to put this in the back of your mind for a number of reasons.
You might think:
1) “I can’t touch it now, so why bother…”
2) “There’s hardly anything in there, so I’m going to concentrate on making money in my business.”
3) “The laws change every five minutes, I’d rather not worry about it.”
But while those thoughts may have an element of truth, there are some very effective ways to incorporate your superannuation into a broader wealth creation and tax planning strategy.
For instance, you can:
1) Use your superannuation to purchase your business premises, even if you don’t have the full amount in super
2) Pay 15% tax on earnings on your superannuation if you’re accumulating a balance.
3) Pay 0% tax on earnings if you’re drawing a pension (with conditions, if you’re over 55).
So here’s how the numbers would crunch.
The example we’ll use is where your taxable income is $200,000.
Option 1 (Without Tax Planning): Pay in your own name
The tax rate in your own name would be at individual rates, of up to 47%.
So you’d be up for $67,547 Tax.
Ouch!
Your taxable income would reduce to $178,000.
What do you need to implement this strategy to make additional super contributions?
Yes, you get taxed at 15% in super for everything you contribute and claim a tax deduction for.
This 15% is paid by your super fund when they lodged the tax return (if you own an SMSF); or the tax is taken straight from your balance when you deposit it if you are using a public super fund.
Yes, there sure is.
The limit is $30,000 if you’re 48 years old or younger.
And $35,000 if you’re 49 years, plus.
The limits are a lot higher (up to $540,000) if you’re making the contributions from after tax money.
To get the tax deduction, the super needs to be paid by 30 June of the year.
Make Additional Super Contributions now before your opportunity is missed for another year.
A super limit is per person.
And yes, you can contribute the $30,000 or $35,000 for each person. It will end up in their own super account, though, so for instance, you cannot ‘borrow’ a super limit from another family member and pay yourself $40,000 instead of $35,000.
Ben Walker of Inspire SMSFS Pty Ltd (1243433) is an authorised representative of Finance Wise Global Securities Pty Ltd ABN 60 146 708 045. Finance Wise Global Securities Pty Ltd holds an Australian Financial Services License (No. 397877).
Discretionary Trusts are great for Young Families in Business as they give you… you guessed it, DISCRETION.
In fact they’re more well known as Family Trusts.
They give you discretion about who pays tax, how much they pay and potentially when it’s paid.
So let’s combine the power of discretionary trusts with the fact the you have a bunch of little ones running around the house!
The example we’ll use is where your taxable income is $200,000.
Remember all those dirty nappies, sleepless nights & Saturday morning sports events?
Well the ATO is about to reward you for being a busy parent juggling a family and a business!
The tax rate in your own name would be at individual rates, of up to 47%.
So you’d be up for $67,547 Tax.
Ouch!
Let’s say we you have 3 little ones under 18…
What do you need to implement this strategy?
Many years ago, this used to be a few thousand dollars for each child.
The ATO has reduced the limit over the years, and it now sits at $416 per child.
In most cases, yes – which (depending on their circumstances) massively increases the tax savings! #FistPump
Nice try… but no.
They have to be born before 30 June to count.
Yes.
Most trust deeds will allow this if you’re married or in a de facto relationship with their mother or father.
Yes – so long as they legally your children.
The fact that you’re already supporting them more than $416 in the year, means that you have already given the money to them (or paid for expenses on their behalf worth more than $416).
So you don’t need to give them $416 in pocket money! Phew!…
Yes, that’s right.
Tax free income of $6,240. (A saving of $2,933 in the example above!)
How does this strategy work?
Let’s say you are a plumber, and builders are your clients.
You send them invoices regularly for your work.
Sometimes they pay.
Sometimes they don’t.
There always seems to be a dispute.
Let’s say for a $1,000 invoice you send, the builder pays $800 but refuses to pay the last $200.
He claims your guy never showed up on that day (even though he did!)
So you chase up the $200. You ring, you sms, you email, you knock on doors, you send ‘the boys’ around.
Nothing. Zip. Zilch. Nada.
The $200 sits on your Debtors Ledger aka “Your list of people who owe you money!”.
The $200 becomes BAD…
No, the debt didn’t grow a beard, nor did it start wearing a black leather jacket and start smoking.
It’s BAD because it’s likely you’ll never get it back!
You’ll probably spend more than $200 just chasing the damn thing.
Same principle applies if the builder went bust.
It’s bad.
While $200 doesn’t sound like a lot, this scenario is pretty common in the Building Industry.
This scenario needs to happen just a few times over a couple of years and you’ve built up a WHOPPING $12,000 in Bad Debt.
So here’s how the numbers would crunch.
The example we’ll use is where your taxable income is $200,000.
Option 1 (Without Tax Planning): Pay in your own name
The tax rate in your own name would be at individual rates, of up to 47%.
So you’d be up for $67,547 Tax.
Ouch!
Option 2 (With Tax Planning): Write off $12,000 worth of bad debt.
Your taxable income would reduce to $188,000.
By writing off $12,000 of Bad Debt, you’d save $5,640 in tax, when compared to paying in your own name.
What do you need to implement this strategy?
What happens if I write off a Bad Debt and then it gets paid back?
While this situation should be rare if you’ve written off the bad debt, you’ll need to add it to your profit in the year that it was paid to you.
How do I avoid Bad Debt in the first place?
Change your business model, so you receive the cash before you carry out the work!
Have a read of the article we wrote on this called “How to get paid faster – step 2 of 5 ways to make your business work for YOU!”
Is there a limit on the Bad Debt that I can write off?
No.
If a debt is bad, it’s bad!
Let’s write off bad debts and move on.
When does a Bad Debt become Bad?
While it isn’t definitive, here’s some considerations:
Bad Debt and Debtors are affecting my cashflow, what advice would you give?
This signals that something isn’t right in your business.
It could be your:
But something is out of kilter.
NEXT STEPS: