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When is travel between home and work subject to FBT?

Here is an ASIC-compliant article suitable for an Australian audience on When is travel between home and work subject to Fringe Benefits Tax (FBT). It is based on actual facts, referenced from the Australian Taxation Office (ATO) and other trusted sources.

When is travel between home and work subject to FBT?

Travelling between home and your regular place of work is generally considered private travel for tax and FBT purposes. This means that if an employer provides a vehicle (or reimburses travel) and the employee uses it for their daily commute, the travel is likely to attract FBT.

However, there are specific circumstances where travel from home to work (or vice versa) may not be treated as private use and therefore may not automatically trigger FBT. Understanding these exceptions is important for employers and employees to ensure correct tax treatment.

Ordinary commute is private travel

According to the ATO and relevant tax rulings, the journey from home to a “regular place of work” is private travel and is not deductible for the individual and should be treated as a fringe benefit if reimbursed or charged to an employer-provided vehicle.

The key term is “regular place of work.” If an employee has a fixed workplace which they travel to daily, the commute is private in nature. The ATO’s Tax Ruling TR 2021/1 makes this clear: “ordinary travel between home and a regular place of work” is not deductible for income tax and similarly influences FBT treatment.

For employers, this means that providing or facilitating that commute through an employer-provided vehicle could create a taxable fringe benefit, unless one of the specific exceptions applies.

Key exceptions where travel may be business-related

There are some recognised exceptions in which home-to-work travel may be treated as “in the course of” employment and so may avoid FBT (or income tax deduction for the employee). These include:

  1. Travelling from home because you carry bulky or essential equipment
    If an employee uses a vehicle to transport large or valuable tools, equipment or materials from home to a workplace (and those items are essential for the job and cannot easily be carried otherwise), the travel may be considered a business journey rather than a commute.
  2. Itinerant work or multiple work locations
    When the employee does not have a fixed workplace and travels to different work sites as part of their job, the trip from home to the first work location (and from the last location back home) may be treated as work-related travel.
  3. Home as a place of work
    If an employee’s home is effectively their workplace (not just working from home by preference but because the nature of the job requires it), then travel from home to other work sites may be business-travel. The ATO may accept the home as a regular place of work if sufficient business reasons exist.
  4. Starting or ending a work trip at home
    If an employer-provided vehicle is taken home and then used from home to start a work journey (not simply from home to the regular workplace) and that work journey begins directly from home, then that initial travel may be considered business travel.

It is important to document the facts of the journey, the nature of the work, and any equipment carried, to support that the travel qualifies under one of these exceptions.

Why the distinction matters

When travel is treated as private, the employer providing the vehicle or reimbursing the travel may incur an FBT liability. The benefit is the travel service provided to the employee. Employers need to consider this when structuring vehicle use and employee travel arrangements.

Conversely, if travel qualifies as business-related, the employer may avoid FBT on that travel benefit, and the employee may be eligible for income tax deductions (in certain cases). Employers and advisers should review the facts carefully to ensure compliance.

Practical tips for employers and employees

  • Review existing vehicle-use policies and employee travel arrangements to identify whether travel from home to work may be business-related or private.
  • Maintain proper records: travel diaries or logs, equipment lists, site-visit records. The ATO emphasises that unsubstantiated travel will generally be treated as private travel.
  • Assess whether the employee genuinely has a “regular place of work” or is required to travel to multiple locations or carry equipment from home.
  • Consider whether the home is legitimately a place of work, or the vehicle is used from home to start work.
  • Seek professional advice if the facts are complex or borderline. Legal and tax rulings (such as from the Federal Court) continue to evolve and may impact how travel is classified.

Summary

In most cases, daily travel between home and a fixed workplace is private and will expose the employer to FBT if the vehicle or travel cost is provided. Only where one of the recognised exceptions applies — such as transporting essential equipment, operating from multiple locations, or starting work from home — will that travel potentially avoid FBT. Employers and employees should assess their travel arrangements carefully and keep full records to support their position.

References

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