How is FBT involved?

A car fringe benefit arises to the employer under a full novated lease arrangement. The employer is required to determine any FBT liability using the statutory formula method as the default, or alternatively elect to use the log book method.

As FBT is generally borne in the end, via adjustments in a salary package, by the employee, FBT can be reduced by the employee making after-tax contributions towards the running costs. This is referred to as the employee contributions method.

To reduce the FBT payable on the benefit, the running costs will be paid by the employer from a combination of an employee's pre-tax and post-tax income under the salary sacrifice arrangement.

A question commonly asked is whether the running costs incurred by the employee from their after-tax income are deductible to the employee in their personal return. If so, can the employee use one of the two methods prescribed in Division 28 ITAA97 (that is, the cents per kilometre method or the log book method) or otherwise.

Car expense deductions denied under s51AF ITAA36

Broadly, "car expenses" incurred by an employee in respect of a car provided by an employer are specifically denied as a deduction under s51AF ITAA36.

In particular, a deduction for "car expenses" is denied where:

• An employer during a period provides a car for the exclusive use of a person who is, or of persons any of whom is, an employee of the employer or a relative of such an employee, and
• At any time during that period, the employee or a relative of the employee is entitled to use the car for private purposes.

A "car expense" is defined under s28-13 ITAA97 to include any loss or outgoing to do with a car (including costs in operating the car and its tax depreciation).

Note also that under s51AF ITAA36, the deduction is denied for car expenses that are incurred:

• (i) during the relevant period in which the car was provided, or
• (ii) is wholly or partly attributed to that period.

Also, as noted, a deduction is not allowed if the car is used by a relative such as a spouse, a parent or a child (see s995-1 for full definition).

In this case, the running costs incurred by the aforementioned employee from their after-tax income in relation to the car fringe benefit would not be deductible due to the operation of s51AF. In other words, they cannot claim a deduction for those costs – whether by using one of the methods in Division 28 ITAA97 or as a general deduction under s8-1 ITAA97.

Section 51AF applies because the vehicle, under the novated lease arrangement, was provided to the employee for their exclusive and private use.

Notwithstanding the above, the employee may still benefit from the arrangement. The after-tax contributions towards the car's running costs reduce the amount of FBT they would have been required to salary sacrifice as a component of their total remuneration.

Note that section 51AF would also be relevant where a company or fleet car is provided by an employer to an employee (or their relative) for their exclusive and private use. In such instances, running costs incurred by the employee such as fuel would not be deductible.

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