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2 Aug 2023

I travel 70000+ business related kms per annum. I am paid an allowance per km that has always been paid to me tax-free, and I then have to reconcile this at tax time with deductions for my expenses etc, resulting in either a debt or tax refund dependent on my expenses for the financial year.

This financial year, my employer has started taxing me on any kms over 5000 (which for me, is the vast majority). I asked why and was advised that a recent recommendation from the ATO is to apply tax to any kms above the initial 5000km.

As I travel so much, this will eat into my fortnightly allowance considerably, and though I will get a lot back when I compete my tax return, is not ideal as I need the allowance to cover the running costs of my vehicle.

My question then, is it a MANDATORY requirement this financial year that tax be applied to the kms above 5000, or can I request my Employer to continue to pay my travel allowance without it being taxed? I have struggled to find an answer online. Thanks in advance.

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1,505 views
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TonyATO(Community Support)Community Support
3 Aug 2023

Hi there @TaxQuestionGuy


It's unusual that your employer has paid the allowance tax-free in prior years because they should've been withholding tax for excess payments above 5,000 kms.


It sounds like they've made an error in prior years and now corrected the error. Unfortunately, they do need to withhold tax because it's not optional.

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Most helpful reply

TonyATO(Community Support)Community Support
3 Aug 2023

Hi there @TaxQuestionGuy


It's unusual that your employer has paid the allowance tax-free in prior years because they should've been withholding tax for excess payments above 5,000 kms.


It sounds like they've made an error in prior years and now corrected the error. Unfortunately, they do need to withhold tax because it's not optional.

Bruce4Tax(Taxicorn)Taxicorn
3 Aug 2023

My question then, is it a MANDATORY requirement this financial year that tax be applied to the kms above 5000,


Yes, but if you believe this is excessive considering deductions being claimed, you can apply to ATO for a PAYGW variation to instruct your employer to deduct less tax.


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Does my Employer need to tax my Travel Allowance for kms in excess of 5000? | ATO Community