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_nm193(Newbie)Newbie
1 July 2021

Hi,

I'm looking for clairifcation on claiming work related travel, using the cents per kilometer while having a novated lease.

I found the case study below on the ATO website. The case study notes that under a novated lease, the employer makes the lease payments and generally incurs all the running costs of the car. Under my novated lease, i am listed on the regisration papers as the owner and i pay lease and running costs. I pay both fiance and operating costs, which are salary sacrificed with pre and post tax deductions from my weekly salary.

Since I pay for the operating costs of the vehicle such as fuel, maintanence, tyres, insurance and rego can i claim the portion of work related kilometers travelled when using the vehicle?

An employee manager claimed $3,800 in work-related car expenses. When we asked the taxpayer to verify that they owned the car and it was registered in their name, we discovered the car was under a novated lease. Under a novated lease, the employer makes the lease payments and generally incurs all the running costs of the car. An employee who claims a deduction for these expenses is double-dipping.

13,645 views
4 replies
13,645 views
4 replies

Most helpful response

Most helpful replyATO Certified Response

Glenn4802(Devotee)Devotee
ATO Certified Response1 July 2021

Under a novated lease arrangement your employer is legally responsible for the lease payments, even though you may have forgone some salary as part of the arrangement. The employer then makes the car available to you.

The content of section 51AF of the ITAA means that you are not able to claim a tax deduction for expenses, whether by cents per km or otherwise, relating to a car provided to you under a novated lease.

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Novated Lease and claiming kilometers travelled | ATO Community