Exemption from FBT on Motor Vehicles
Work-related vehicle exemption
FBT does not apply to a vehicle if it meets all of the following conditions:
it is drawn or propelled by mechanical power (this includes trailers)
it has a gross laden weight of 3,500 kg or less
the vehicle is mainly designed to carry goods or goods and passengers equally
it has prominent company branding that cannot easily be removed
you tell your employees in writing that the vehicle is not available for private use except for travel between home and work, and for travel related to the business, such as stopping at the bank on the way home from work.
You must give employees a separate letter explaining this restriction rather than mentioning it in their employment contract.
If a vehicle above the gross laden weight is provided to an employee for private use this may need to be treated as an unclassified benefit. You should regularly check logbooks, petrol receipts etc to make sure employees are using the vehicle appropriately. You should also keep a record of these checks.
Emergency calls
If an employee uses a vehicle to attend an emergency call, FBT will not apply for that whole day when the employee travels from their home, and in the course of their employment provides:
essential services relating to the operation of your plant or machinery, or the plant or machinery of your client or customer
essential services relating to the maintenance of services provided by a local authority or a public authority
essential services relating to the carrying on of a business for the supply of energy or fuel to the public
emergency services relating to the health or safety of any person
the services must be requested by a member of the public, the employer, their client or customer.
The visit must take place between 6pm and 6am during the work week, or at any time on a Saturday, Sunday or statutory public holiday. There are no time restrictions in the case of health or safety of a person.
Business travel
If an employee regularly travels with a vehicle, FBT may not apply when:
they stay away from home overnight with the vehicle
they are away for more than 24 hours
they need the vehicle to perform their work.
This issue we talk about MyIR, who is an independent contractor or employee and you probably know that the property brightline test was extended to 10 years, but did you know the other significant change?