Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
SCR123(Newbie)Newbie
5 Feb 2025

I understand that car allowances that are EXPECTED to be spent in full for that purpose do not attract super. However how do you demonstrate that it is expected to be used?


Back ground to this is I have been asked to review this for the entire history of our organisation (decades). I would suggest initial car allowances made sense at the time (eg sales roles), but since they have been allocated to roles where perhaps it is a bit more of a perk than a necessity.


The history of this has been lost with staff changes and lack of records. A review of contracts usually indicates that someone had a car up to a point but that this was replaced with an allowance. Only one contract had been found where it says it attracts super, the remainder are silent.


Additionally we have varying levels of vehicle allowances, presumably because different roles would have different use expectations.


Finally it has been found two staff have been receiving super for years but the majority not.


Is a role by role for the individuals over time what is required, and on what basis would it be determined that the specific allowance they received was expected to be used? Ie what would you have to demonstrate to the ATO if we didnโ€™t pay super on some of the allowances.



1,088 views
2 replies
1,088 views
2 replies

Most helpful response

Most helpful replyATO Certified Response

PayrollDeanne(Taxicorn)Taxicorn
ATO Certified Response5 Feb 2025

Hiya @SCR123 ๐Ÿ‘‹


Super on allowances that are paid to compensate for an underlying expense are complex to assess, as ATO guidance is lacking ๐Ÿ˜‘


ATO define an "expense" allowance to be one where the employer has a "reasonable expectation" that it will be fully spent "in the course of providing services".


When the amount of the allowance isn't specified in an Award that was arbitrated with Unions, therefore deemed to approximate the expense incurred, the employer must have an independent assessment to determine if the amount of the allowance approximates the expense. If no assessment, SG is payable. If assessed and allowance approximates expense, then no SG. If assessment shows allowance exceeds assumed expenses, SG is payable. This is all about "reasonable expectation" that it's fully spent. You have to establish that expectation.


ATO SGR 2009/2 paragraphs 259-265 detail out a judgement on a car allowance, as per your question. One of the attributes of a regular car allowance is that it's not measured, such as for c/km or Award transport payments are measured.


Allowances may be "unconditional" extra payments that are not "expense" allowances.


The allowance is, of course, taxable and the ATO STP2 employer guidance stipulates its to be reported as Other Allowance > V1 Private Vehicle (last dot point under Don't Include column).


Deanne

All replies

Most helpful replyATO Certified Response

PayrollDeanne(Taxicorn)Taxicorn
ATO Certified Response5 Feb 2025

Hiya @SCR123 ๐Ÿ‘‹


Super on allowances that are paid to compensate for an underlying expense are complex to assess, as ATO guidance is lacking ๐Ÿ˜‘


ATO define an "expense" allowance to be one where the employer has a "reasonable expectation" that it will be fully spent "in the course of providing services".


When the amount of the allowance isn't specified in an Award that was arbitrated with Unions, therefore deemed to approximate the expense incurred, the employer must have an independent assessment to determine if the amount of the allowance approximates the expense. If no assessment, SG is payable. If assessed and allowance approximates expense, then no SG. If assessment shows allowance exceeds assumed expenses, SG is payable. This is all about "reasonable expectation" that it's fully spent. You have to establish that expectation.


ATO SGR 2009/2 paragraphs 259-265 detail out a judgement on a car allowance, as per your question. One of the attributes of a regular car allowance is that it's not measured, such as for c/km or Award transport payments are measured.


Allowances may be "unconditional" extra payments that are not "expense" allowances.


The allowance is, of course, taxable and the ATO STP2 employer guidance stipulates its to be reported as Other Allowance > V1 Private Vehicle (last dot point under Don't Include column).


Deanne

Loading
Car Allowance Superannuation | ATO Community