What is a novated lease?

Simply put, a novated lease is a way for an employee to buy a new or used car and have their employer assist in the organised repayment for that car to an agreed financial supplier.

The way this is done is by the employer agreeing to make the repayments out of the employee’s pre-tax salary in a salary sacrifice arrangement which, like any such arrangement, reduces the employee’s taxable income. The terms of the lease repayments are calculated according to the employee’s earnings and the amount salary sacrificed.

A novated lease is therefore a three-way deal – between an employee, a financier, and the employer. The employee leases the car, and the employer agrees to make the lease repayments to the financier for that car as a condition of employment.

For these arrangements, one obvious such condition is to remain an employee. In the event that employment ceases, the obligations and rights under the lease revert to the (former) employee.

This can suit the person involved, as they keep the vehicle (and there are no tax consequences), but can also suit the employer as they are not saddled with an extra vehicle or a financial commitment to keep paying for the car.

During the period of the novated lease, the employer is entitled to a deduction for lease expenses where the car is provided as part of a salary sacrifice arrangement. But it does give rise to a benefit under fringe benefits tax (FBT) rules.

Fringe Benefits Tax

Fringe benefits that fall under the FBT regime can be provided directly by the employer, by an “associate” of the employer, or by a third party who has an arrangement with the employer (in this case, the finance supplier). A car provided by novated lease is considered a fringe benefit to an employee, and gives rise to an FBT liability for the employer.

Why is this important?

A basic principle of salary sacrifice arrangements is that an employer is no better or worse off from having offered an employee a form of remuneration other than straight cash salary.

However as the leased car potentially gives rise to an FBT liability, and as FBT is an employer’s obligation, it is generally the case that any FBT amount arising as a result of the novated lease is charged to the employee’s salary package post-tax. The employer then remits the FBT to the ATO as required under the FBT rules.

Working out the FBT

The value of the car benefit (on which the amount of FBT is based) is taken on the actual purchase price of the car. Working out its “taxable value” for FBT can be done using two available methods – the “statutory formula” method (the default and most commonly used), or the “operating cost” method.

The latter requires working out the total operating costs of the car (fuel, oil, servicing, etc.) and reducing that total amount by the portion of private kilometres travelled (which attracts FBT) as compared to the total kilometres. It is most often used where business kilometres travelled are high, but is more complicated and requires more records (logbooks) to be kept and calculations to be made.

With the “statutory formula” method, the taxable value is very broadly calculated at a flat rate of 20% of the purchase price of the car.

How you might save tax: Post-tax contributions to reduce FBT

The employer’s FBT liability that arises from salary packaging a car through a novated lease can be reduced by the employee making contributions towards, say, the running costs of the car from after-tax dollars. It is important that these contributions come from after-tax salary, as every dollar so contributed reduces the taxable value dollar-for-dollar up to the total.

By doing this, rather than the employer paying the FBT tax rate (which is 49% for the 2016-17 FBT year) and passing it on, the employee typically pays tax at their marginal rate, which for many will be much less than that.

Working out whether novated leasing is right for your circumstances can be a tricky exercise – contact us if you need assistance.

Novated lease implications in a nutshell

• An employer will need to agree to the salary sacrifice arrangement that allows a staff member to contain a vehicle through a novated lease

• The employer makes lease repayments to the finance supplier on behalf of the employee from their pre-tax salary

• Being a fringe benefit, the arrangement gives rise to an FBT liability, which the employer pays

• The amount of the FBT liability should have nil dollar consequence for the employer where post-tax contributions are made by the employee for the “taxable value” of the benefit

• Expenses incurred in arranging and maintaining the lease (not the lease repayments) are tax deductible for the employer for the period the lease is active

• The end of the employment relationship also ends the repayment commitment, as lease obligations revert to the (former) employee

• When you lease the vehicle from the finance company, you can claim GST credit for the GST included in the lease charges. However you generally can’t claim GST credits if you make input taxed supplies

• Salary sacrificing reduces one’s taxable income, as the amount is assigned from pre-tax salary (you may even find yourself in the next lower tax bracket)

• The vehicle is of the employee’s choice, and the employee has exclusive use and ownership

• As the car is a fringe benefit, FBT must be paid, although the employer is liable for this payment. Any FBT is typically also salary sacrificed so that the employer is no worse off

• Generally, FBT is based on the purchase price of the vehicle, as the statutory formula is the most commonly utilised method. The operating cost method applies to running costs with a percentage determined by logbook

• Making post-tax contributions to the costs of owning the vehicle can reduce the FBT liability by the same amount contributed

• Usually the vehicle is obtained more cost effectively, as there is:
  • no GST on purchase (claimed by employer)
  • leasing opportunities usually get fleet discounts
  • the employer may also get a corporate discount.