FRINGE BENEFITS TAX ASSESSMENT ACT 1986

PART III - FRINGE BENEFITS  

Division 14 - Reduction of taxable value of miscellaneous fringe benefits  

SECTION 61D   REDUCTION OF TAXABLE VALUE OF TEMPORARY ACCOMMODATION MEAL FRINGE BENEFITS  

61D(1)   [Conditions for reduction]  

Where:


(a) either of the following fringe benefits (in this section called a ``temporary accommodation meal fringe benefit'' ) is provided in a year of tax to an employee of an employer, or to an associate of the employee, in respect of the employment of the employee:


(i) an expense payment fringe benefit where the recipients expenditure is in respect of a meal;

(ii) a property fringe benefit where the recipients property is a meal; and


(b) the meal was for consumption by a family member at a time when the family member was accommodated in a hotel, motel, hostel or guest-house;


(c) any of the following fringe benefits is provided in, or in respect of, the year of tax in respect of that employment:


(i) an expense payment benefit where the recipients expenditure is in respect of that accommodation;

(ii) a housing benefit where the housing right is in respect of that accommodation;

(iii) a residual benefit where the recipients benefit is constituted by the subsistence of a lease or licence in respect of that accommodation;


(d) both of the following conditions are satisfied:


(i) under section 61C , the taxable value of the fringe benefit referred to in paragraph (c) in relation to the year of tax is reduced by the extent to which that taxable value is attributable to the subsistence of a lease or licence, or a housing right, in respect of the accommodation during a particular period in the year of tax;

(ii) the meal was for consumption by a family member at a time during that period; and


(e) the amount that, but for this section and section 62 and the recipients contribution, would be the taxable value of the temporary accommodation meal fringe benefit exceeds:


(i) in a case where the recipient had attained the age of 12 years before the beginning of the year of tax - $2.00; or

(ii) in any other case - $1.00;

the amount that, but for this section and section 62 and the recipients contribution, would be the taxable value of that temporary accommodation meal fringe benefit shall be reduced by the amount of the excess referred to in paragraph (e).

61D(2)   [Application to in-house property expense payment fringe benefit]  

For the purposes of the application of this section to an in-house property expense payment fringe benefit, a reference in this section to the recipients contribution in relation to the fringe benefit is a reference to the amount ascertained under paragraph 22A(1)(b) .




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