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Edited version of private advice

Authorisation Number: 1052193196722

Date of advice: 15 December 2023

Ruling

Subject: FBT - Remote area housing

To protect the privacy and commercial in-confidence components of this private binding ruling, the following summary is provided.

The taxpayer sought a private ruling in regard to whether a housing benefit provided is a remote area housing benefit under subsection 58ZC of the Fringe Benefits Tax Assessment Act 1986 (FBTAA).

The Commissioner has ruled on questions relating to an employee who is provided with a housing benefit in a remote area.

Question 1

Is XXXX located in, or adjacent to, an 'eligible urban area' pursuant to subsection 140(1) of the FBTAA?

Answer

No

Question 2

Will the provision of accommodation to the employee constitute a 'housing benefit' under section 25 of the FBTAA?

Answer

Yes

Question 3

If the answer to Question 2 is 'yes', is the housing benefit provided to the employee a 'remote area housing benefit' under section 58ZC of the FBTAA?

Answer

Yes