Fringe Benefits Tax Assessment Act 1986
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Divisions 14, 14A and 14B of Part III of the Act are modified by repealing the Divisions.]
(a) a living-away-from-home food fringe benefit, or 2 or more living-away-from-home food fringe benefits, in relation to an employer in relation to a year of tax relates or relate to a particular employee; and
(b) the fringe benefit or fringe benefits are equivalent to the food component of a living-away-from-home allowance fringe benefit in respect of a particular period in the year of tax; and
(c) that food component exceeds the sum of the statutory food amounts in respect of eligible family members in respect of that period; and
(d) the employee satisfies:
(ii) section 31E (about fly-in fly-out and drive-in drive-out requirements); and
(da) the employee gives to the employer, before the declaration date, a declaration, in a form approved by the Commissioner, purporting to set out:
(i) if the employee satisfies sections 31C and 31D - the matters in subparagraphs 31F(1)(a)(i) to (iii) ; or
(ii) if the employee satisfies section 31E - the matters in subparagraphs 31F(1)(b)(i) to (iii) ;
the following provisions apply:
(e) if there is only one living-away-from-home food fringe benefit - the amount that, but for this section and section 62 and the recipients contribution, would be the taxable value of that fringe benefit, shall be reduced by the amount of the excess referred to in paragraph (c);
(f) if there are 2 or more living-away-from-home food fringe benefits - the amounts that, but for this section and section 62 and the recipients contribution, would be the taxable values of those fringe benefits shall be reduced by amounts proportionate to those taxable values and equal in total to the amount of the excess referred to in paragraph (c).
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) .