Business taxation Employment taxes FBT

Draft Legislative Instruments

Author: The Tax Institute

Published Date: 23 Mar 2023


Sorry, this is subscriber only content.

If you're not yet a subscriber, to gain access to this material and much more - Subscribe Now.

Already a Subscriber? Login now

Already a Subscriber? Login now

The Tax Institute welcomes the opportunity to make a submission to the Australian Taxation Office (ATO) in relation to the following Draft Legislative Instruments:

  • LI 2023/D3 Fringe Benefits Tax Assessment (Adequate Alternative Records - Overseas Employment Holiday Transport) Determination 2023 (LI 2023/D3);
  • LI 2023/D4 Fringe Benefits Tax Assessment (Adequate Alternative Records - Car Travel to Employment Interview or Selection Test) Determination 2023 (LI 2023/D4);
  • LI 2023/D5 Fringe Benefits Tax Assessment (Adequate Alternative Records - Remote Area Holiday Transport) Determination 2023 (LI 2023/D5); and
  • LI 2023/D6 Fringe Benefits Tax Assessment (Adequate Alternative Records - Car Travel to Certain Work-Related Activities) Determination 2023 (LI 2023/D6).

In the development of this submission, we have consulted with our National Fringe Benefits Tax & Employment Taxes Technical Committee to prepare a considered response that represents the views of our broader membership.

The Tax Institute is of the view that the fringe benefits tax (FBT) record keeping requirements should be simplified and reduced. Feedback from our members indicates that that there are a number of declarations that are more commonly used for FBT purposes than the four declarations covered by the Draft Legislative Instruments. These include living-away-from-home declarations, and declarations regarding the otherwise deductible nature of various benefits. We consider that simplifying and reducing the record keeping requirements for the more common declarations will benefit a broader range of employers by reducing the FBT compliance costs.


  • Published By:The Tax Institute
  • Published On:23 Mar 2023

The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

The Tax Institute
(ABN 45 008 392 372 (PRV14016))


The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009. 

Copyright Statement

All materials provided on this site are protected by copyright and are owned by or licensed to TTI.

Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.


Business taxation Employment taxes FBT

Share this page