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OJW(Initiate)Initiate
11 Sept 2023

Hi,


My employee has been paying me at $0.68/km tax free. For the 22/23 FY I understand the current ATO rate to be $0.78/km.


Currently this payment from my employee is included in my allowances section in my income statement, and hence ATO's calculator is including it as taxable income. I believe this reimbursement should not be included as taxable income, is this correct?


Additionally as my employers rate of $0.68/km is lower than the ATO's at $0.78/km, what is my best outcome in this situation? should I claim the km's $0.78/km and leave the payment my employer has made in allowances? Additionally please note I have travelled and claimed 5253km in 22/23FY.


It is unclear what I am supposed to do in this situation.


Thanks.

3,161 views
5 replies
3,161 views
5 replies

Most helpful response

Most helpful reply

OJW(Initiate)Initiate
13 Sept 2023

@py_deanne

Hi Deanne,


I did read through the page you linked, however Im still unsure as it doesn't directly address my situation.


My interpretation is now that I should claim my 5000km as a deduction on top of my allowance from my employer. Can you please confirm?

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PayrollDeanne(Taxicorn)Taxicorn
11 Sept 2023

Hiya @OJW 👋


Firstly, in your question, each time you mention "employee" I assume you really meant "employer"?


Secondly, a c/km allowance is an allowance not a reimbursement because a reimbursement would require you to provide a tax receipt for the exact amount of expenditure. However, the c/km allowances is intended to compensate you for the approximate expense of using your private vehicle: registration, insurance, depreciation, fuel, maintenance, repairs etc. That can only ever be an approximate, hence an allowance to cover an assumed estimate of the cost.


Your employer is REQUIRED by the ATO to report c/km allowances as income, separately identified as an allowance.


Finally, you've misunderstood what the ATO rate actually is: it's the threshold to determine the PAYGW rate on your allowance, when the pre-conditions have been met (1. that the purpose of your travel was for business to earn your income; 2. that you own, lease or hire the car you used in your travel). What this means is that, whatever rate the employer pays, according to the award, agreement or policy, is compared against the ATO "reasonable rate" and, if it does not EXCEED that rate, then the tax is zero, up to a maximum of 5,000 business km paid in the FY. Any travel in excess of 5,000 km paid in the FY must be fully taxed, regardless of the rate paid in comparison to ATO's "reasonable rate".


ATO has great guidance to assist you to understand how to claim deductions for using your private vehicle for work purposes.


Deanne


OJW(Initiate)Initiate
12 Sept 2023

Thank you for the detailed response Deanne!

And yes I did mean employer.


A couple of follow up questions to make sure I have understood this:


So now in my deductions should I claim my 5000km? I'm assuming not?


How does the ATO know how many km I have claimed and at what rate? does my employer communicate this?


From my understanding, as my rate of 0.68 is lower than the ATOs of 0.78, I should not be taxed on the allowance for the first 5000km ($3400), but I will be taxed on the additional 253km ($172)? Or as my rate is lower, will I not get taxed on any of it, as if i had claimed 5000km at 0.78 I would have received $3900, which is more than the $3572 I did receive?


Regardless if my first 5000km should not be taxed, why is it now showing up in my taxable income in my estimate? Is this inaccurate and will be corrected when I lodge my return and it is processed?


Hopefully the above is all clear and makes sense, sorry for all the questions just trying to understand the process 100%.


TIA

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Should my cents per KM payment from my employee be included as an allowance? | ATO Community