We're a Baker Tilly network member
About Baker Tilly
Back to top
Fringe Benefits Tax and exempt vehicles
Technical article

Fringe Benefits Tax and exempt vehicles

One of the most common fringe benefits provided to employees is the use of a vehicle such as a utility or a van.

These vehicles are exempt from FBT provided the following conditions are met:

  1. They must meet the definition of an exempt vehicle i.e. they must be designed to carry a load of one tonne or more, or not be designed with the principal purpose of carrying passengers. Most single and dual cab utes generally meet these requirements and;
  2. The vehicle is used for work related travel and home to work travel, with only “minor, infrequent and irregular” private use.

The ATO has recently issued a draft Practical Compliance Guide (PCG 2017/D14) which outlines its proposed treatment of exempt vehicles under certain conditions, with a view to reducing compliance requirements. The PCG is intended to apply from the 2018 FBT year onwards in the following circumstances:

  1. You provide an eligible vehicle to a current employee (as discussed above);
  2. The vehicle is provided to the employee to perform their work duties;
  3. You take all reasonable steps to limit private use of the vehicle and have measures in place to monitor such use (e.g. employment contracts, policies);
  4. The vehicle has no additional non-business accessories (such as a bull bar or alloy wheels);
  5. The vehicle had a GST-inclusive value less than the luxury car tax threshold at the time the vehicle was acquired;
  6. The vehicle is not provided as part of a salary packaging arrangement and the employee cannot elect to receive additional remuneration in lieu of the use of the vehicle, and
  7. Your employee uses the vehicle to travel:
  1. between their home and their place of work and any diversion adds no more than two kilometres to the ordinary length of that trip
  2. no more than 750 kilometres in total for each FBT year for multiple journeys taken for a wholly private purpose, and
  3. no single, return journey for a wholly private purpose exceeds 200 kilometres.

Examples of how these guidelines will operate in practice are illustrated in PCG which can be found here1.

The PCG states that if an employer chooses to rely on this draft guideline, there is no need to keep records which demonstrate that the private use of the vehicle is “minor, infrequent and irregular” and the ATO will not review an employer’s treatment of exempt vehicle under these conditions. It is therefore important that employers have a policy in place to ensure the above criteria are met. This should also be monitored to ensure compliance by employees. One method of doing this would be to regularly check odometer readings to ensure that private use is limited as described above.

In practice, the above guidelines may be difficult to meet. We therefore expect in many cases, employers will not be able to rely on this PCG. However, the same methods of proving compliance with the requirement for “minor, irregular and infrequent private use” can be employed.

We recommend that all employers who provide exempt vehicles consider the following:

  1. Ensure employment contracts with individual staff specify that use of the vehicle is limited to home to work travel and work related travel;
  2. Have an internal written policy which also outlines these requirements in relation to any exempt vehicles provided to employees;
  3. Obtain odometer readings on all exempt vehicles at regular intervals to ensure that the vehicle has not been used for private travel. Odometer readings should also be taken at 31 March each year.

Whilst the above practices do not guarantee that the vehicles will be exempt if the ATO proves otherwise, they will assist in establishing an expectation of vehicle use with your employees.

It is also important to note that FBT is an employer liability. If any vehicles which are treated as exempt are subsequently found by the ATO to not be exempt, any resulting FBT will be payable by the employer. It may be prudent for employment contracts to make allowances for the employee to reimburse any FBT cost to the employer in the event that unauthorised private use of the vehicle results in it not meeting exempt vehicle requirements.

If you have any queries or concerns regarding your FBT exempt vehicles, please contact your Pitcher Partners representative to discuss further.

1As of January 2019, this is the final PCG and is now called PCG 2018/3.
This content is general commentary only and does not constitute advice. Before making any decision or taking any action in relation to the content, you should consult your professional advisor. To the maximum extent permitted by law, neither Pitcher Partners or its affiliated entities, nor any of our employees will be liable for any loss, damage, liability or claim whatsoever suffered or incurred arising directly or indirectly out of the use or reliance on the material contained in this content. Pitcher Partners is an association of independent firms. Pitcher Partners is a member of the global network of Baker Tilly International Limited, the members of which are separate and independent legal entities. Liability limited by a scheme approved under professional standards legislation.

Pitcher Partners insights

Get the latest Pitcher Partners updates direct to your inbox

Thank you for you interest

How can we help you?

Business or personal advice
General information
Career information
Media enquiries
Contact expert
Become a member
Specialist query
Please provide as much detail to ensure appropriate allocation of your query
Please highlight a realistic time frame that will enable us to provide advice within a suitable and timely manner. Please note given conflicting demands with our senior personnel, we will endeavour to respond to you within the nominated time frame. If you require an urgent response, please contact us on 03 8610 5477.
Responses to queries submitted via this form (“Response”) are produced by Pitcher Partners Advisors Proprietary Limited and are prepared for the exclusive use and benefit of those who are invited, and agree, to participate in the CRITICAL POINT NETWORK service. Responses provided, or any part thereof, must not be distributed, copied, used, or relied on by any other person, without our prior written consent. Any information provided is intended to be of a general nature and prepared without taking into account your objectives, circumstances, financial situation or particular needs. Any information provided does not constitute personal advice. If you act on anything contained in a Response without seeking personal advice you do so at your own risk. In providing this information, we are not purporting to act as solicitors or provide legal advice. Any information provided by us is prepared in the ordinary course of our profession and is based on the relevant law and its interpretations by relevant authorities as it stands at the time the information is provided. Any changes or modifications to the law and/or its interpretation after this time could affect the information we provide. It is not possible to guarantee that the tax authorities will not challenge a transaction or to guarantee the outcome of such a challenge if one is raised on the basis of the information we provide. To the maximum extent permitted by law, Pitcher Partners will not be liable for any loss, damage, liability or claim whatsoever suffered or incurred by any person arising directly or indirectly out of the use or reliance on the information contained within a Response. We recommend you seek a formal engagement of our professional services to consider the appropriateness of the information in a Response having regard to your objectives, circumstances, financial situation or needs before proceeding with any financial decisions. Pitcher Partners is an association of independent firms. Pitcher Partners is a member of the global network of Baker Tilly International Limited, the members of which are separate and independent legal entities. Liability limited by a scheme approved under professional standards legislation.
CPN Enquiry
Business Radar 2025
Dealmakers 2025
Federal Budget 2025-26
Search by industry