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14 Dec 2022

I have been searching for an ATO definition of what a car allowance is and a detailed description of what it is intended to be used for.


My understanding was that it is intended to be granted to an employee for the running costs of the vehicle for example, fuel use, tyres, car repair and maintenance, insurance and registration.


My employers states the following:

"you may receive a Car Allowance to cover all your travel related expenses incurred in your Home City, including your vehicle’s running costs, parking, petrol, road tolls,

public transport and taxis and be managed in accordance with the rules for Car Allowance set out in the Employee Handbook"


What is the ATO's legal stance and definition of a Car Allowance and it's intended use?

4,967 views
2 replies
4,967 views
2 replies

Most helpful response

Most helpful reply

PayrollDeanne(Taxicorn)Taxicorn
16 Dec 2022

Hiya @ProfessorFalkan


Rules for remunerating employees are set by Fair Work. How your employer chooses to NAME their payment and what they pay it FOR doesn't actually align to an explicit ATO definition. That's not how it works.


It's all about the PURPOSE and CIRCUMSTANCES of the payment - that's what defines the ATO treatment of income (PAYGW, Super Guarantee, STP).


One option is that you may be paid an allowance that is MEASURED by your employer requiring you to claim specifically for the distances you travel in a private vehicle (C/Km Allowance) that has explicit ATO guidance with specific criteria to be met (purpose of travel, type and ownership of vehicle, rate/km vs the ATO rate; and total # km vs the ATO limit of business km). These types of allowances are intended to cover a range of costs.


Some employers pay their employees c/km allowance, transport allowances, fares allowances ... a range of industrial remuneration benefits. Some choose to reimburse their employees for exact costs, evidenced by receipts. There's not just one option, but many.


For example, your employer appears to pay you an allowance to cover the costs of transport without specifying HOW you spend that money (private vehicle, public transport, parking, tolls), nor requiring you to claim for the distances you travel.


The ATO provide guidance about what kinds of work-related deductions you can claim, but they don't restrict how your employer remunerates you for your work.


I hope that helps - Deanne

All replies

Most helpful reply

PayrollDeanne(Taxicorn)Taxicorn
16 Dec 2022

Hiya @ProfessorFalkan


Rules for remunerating employees are set by Fair Work. How your employer chooses to NAME their payment and what they pay it FOR doesn't actually align to an explicit ATO definition. That's not how it works.


It's all about the PURPOSE and CIRCUMSTANCES of the payment - that's what defines the ATO treatment of income (PAYGW, Super Guarantee, STP).


One option is that you may be paid an allowance that is MEASURED by your employer requiring you to claim specifically for the distances you travel in a private vehicle (C/Km Allowance) that has explicit ATO guidance with specific criteria to be met (purpose of travel, type and ownership of vehicle, rate/km vs the ATO rate; and total # km vs the ATO limit of business km). These types of allowances are intended to cover a range of costs.


Some employers pay their employees c/km allowance, transport allowances, fares allowances ... a range of industrial remuneration benefits. Some choose to reimburse their employees for exact costs, evidenced by receipts. There's not just one option, but many.


For example, your employer appears to pay you an allowance to cover the costs of transport without specifying HOW you spend that money (private vehicle, public transport, parking, tolls), nor requiring you to claim for the distances you travel.


The ATO provide guidance about what kinds of work-related deductions you can claim, but they don't restrict how your employer remunerates you for your work.


I hope that helps - Deanne

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ATO Definition of Car Allowance | ATO Community