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Paragraph 39D(3)(a) of the FBTAA (inserted by the Taxation Laws Amendment (Car Parking) Act 1992 ) requires that where an employer elects to use a market valuation of a car parking benefit the valuation must be provided by "a suitably qualified valuer". Paragraph 39D(3)(b) also requires that the valuer be at arms-length in relation to the valuation.

We consider that a "suitably qualified valuer" is a person who has expertise in the valuation of parking facilities, and who would likely be accepted as an expert witness on the issue of the valuation of parking facilities before a court or tribunal.

Whilst it has been determined by the courts that the expertise of a person in a particular field is an issue of fact in each case, we consider that expertise in the valuation of parking may be acquired through relevant experience in the parking industry over a significant period of time, or from a course of study.

The attainment of relevant professional qualifications or recognition by an appropriate professional association or organisation would be indicative of expertise in this field.

The onus of proving that a person has expertise in a particular field will rest in each case with the taxpayer.

A valuer will not be considered to be at "arms-length" in relation to the valuation (as required by paragraph 39D(3)(b)) if he or she is either: • the employer obtaining the valuation or the provider of the car parking facilities to be valued (where these are natural persons); • an "associate" of the employer or of the provider of the car parking facilities to be valued; • an employee of either the employer or the provider of the car parking facilities to be valued; or • an employee of an "associate" of the employer or the provider of the car parking facilities to be valued.