When there is reimbursement of conveyance expenses then it is clear that the vehicle is not owned by the employer. So here is salary paid to driver by the employee.
On the other hand "Salary paid to the driver of a motor car - is a vehicle running & maintt. expenses" means that vehicle is owned by the employer and driver is also his employee.
02 August 2025
Got it, Subhash — here’s a clear explanation to resolve the confusion about **treatment of driver’s salary for FBT (Fringe Benefit Tax) purposes**, especially in your case where:
* Vehicle is **owned by the employer**, * Employee uses his **personal driver**, * Employee claims **reimbursement of driver’s salary** from the employer.
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### Key points from Circular No. 8/2005:
* **Point 78:** If the employer reimburses the employee for **car expenses based on bills submitted** and also reimburses **driver’s salary based on declaration**, it is considered **conveyance expense reimbursed** to the employee. **(Vehicle NOT owned by employer)**
* **Point 87:** Salary paid to the **driver employed by the employer** is treated as **vehicle running & maintenance expense**. **(Vehicle owned by employer)**
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### What does this mean for your situation?
| Situation | Treatment of Driver’s Salary | | --------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------- | | Vehicle **owned by employer** + driver is **employer’s employee** | Driver’s salary is vehicle running & maintenance expense (employer’s cost). Subject to FBT as conveyance. | | Vehicle **NOT owned by employer** + reimbursement to employee for driver’s salary | Driver’s salary reimbursement is part of conveyance reimbursement to employee, treated differently under FBT. |
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### Your case:
* Vehicle **owned by employer** (Company owns the vehicle). * Employee uses **his personal driver** (driver is employee of the employee, not employer). * Employee claims **reimbursement of driver’s salary** from employer.
**Treatment:**
* Since vehicle is owned by employer, driver salary should ideally be paid by the employer if the driver is employer’s employee. * Here, employer reimbursing the employee for driver salary means it is a **conveyance expense reimbursement to employee**. * This falls under the category of **conveyance benefit to employee**, so driver’s salary reimbursement is treated as **perquisite**, and subject to **FBT on conveyance**.
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### Summary for your case:
* Employer reimbursing employee for personal driver’s salary who drives employer-owned vehicle = **treated as conveyance perquisite**. * The reimbursement amount is **liable for FBT under conveyance category**. * Driver’s salary is **not vehicle running expense of employer** but a reimbursement benefit to employee.
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### Actionable advice:
* Maintain clear records of reimbursement. * Include reimbursed driver’s salary in **conveyance FBT calculations**. * Do not treat it as vehicle running & maintenance expense on employer’s books.
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If you want, I can help you draft the FBT calculation sheet or prepare a note to explain this treatment for your records or audit. Would you like that?