From www.pwc.com.au: The Federal Court ruled in favor of the Toowoomba Regional Council, determining that its car park facility was not classified as a “commercial parking station” under fringe benefits tax (FBT) law, as it was not operated for profit.
The Commissioner of Taxation plans to appeal this decision and has advised employers to continue following existing guidance on FBT car parking benefits until the appeal process is completed.
This ruling contrasts with the Commissioner’s broader interpretation of “commercial parking station” established in previous tax rulings, which included many paid parking facilities.