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FRINGE BENEFITS TAX ASSESSMENT ACT 1986 - SECT 61

Reduction of taxable value--remote area holiday transport fringe benefits not subject to ceiling

          (1A)  This section does not apply in relation to a fringe benefit in respect of remote area holiday transport if subsection 143(3) applies in relation to the fringe benefit.

             (1)  Where:

                     (a)  the recipients expenditure in relation to an expense payment fringe benefit in relation to a year of tax is in respect of remote area holiday transport;

                     (c)  in a case where:

                              (i)  the expense payment fringe benefit is constituted by the reimbursement of the recipient, in whole or in part, in respect of an amount of a Division 28 car expense incurred by the recipient in relation to a car owned by, or leased to, the recipient; and

                             (ii)  the reimbursement is calculated by reference to the distance travelled by the car;

                            the recipient gives to the employer, before the declaration date, a declaration, in a form approved by the Commissioner, in respect of the recipients expenditure; and

                     (d)  if paragraph (c) does not apply:

                              (i)  documentary evidence of the recipients expenditure is obtained by the recipient and that documentary evidence, or a copy, is given to the employer before the declaration date; or

                             (ii)  the recipient gives to the employer, before the declaration date, a declaration, in a form approved by the Commissioner, in respect of the recipients expenditure;

the amount that, but for this subsection, would be the taxable value of the fringe benefit in relation to the year of tax shall be reduced by:

                     (e)  where paragraph (c) does not apply--50%; and

                      (f)  where paragraph (c) applies--50% of so much of the amount of the reimbursement as does not exceed the reimbursement that would have been paid if it had been calculated on the basis of the sum of the following rates:

                              (i)  the basic car rate;

                             (ii)  where 2 or more family members travelled in the car when it provided the transport by virtue of which the recipients expenditure is in respect of remote area holiday transport--the supplementary car rate.

       (1AA)  Where the recipients property in relation to a property fringe benefit in relation to a year of tax is in respect of remote area holiday transport, the amount that, but for this subsection and section 62, would be the taxable value of the fringe benefit in relation to the year of tax shall be reduced by 50%.

             (2)  Where the recipients benefit in relation to a residual fringe benefit in relation to a year of tax is in respect of remote area holiday transport, the amount that, but for this subsection and section 62, would be the taxable value of that fringe benefit in relation to the year of tax shall be reduced by 50%.

             (3)  Where:

                     (a)  a remote area holiday transport fringe benefit in relation to an employee consists of the provision of an allowance to the spouse or a child of the employee; and

                     (b)  the whole or a part of the allowance has been expended by the recipient in obtaining the transport, meals or accommodation in respect of which the allowance was paid;

this section applies in relation to the fringe benefit as follows:

                     (c)  the fringe benefit shall be treated as if it were an expense payment fringe benefit;

                     (d)  the amount expended as mentioned in paragraph (b) shall be treated as if it were the recipients expenditure;

                     (e)  so much of the allowance as does not exceed the recipients expenditure shall be treated as if it were a reimbursement of the recipients expenditure.



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