Commonwealth Consolidated Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 - SECT 58B

  (1)   Where:

  (a)   either of the following benefits is provided in, or in respect of, a year of tax in respect of the employment of an employee:

  (i)   an expense payment benefit where the recipients expenditure is in respect of the removal or storage of household effects of the employee;

  (ii)   a residual benefit where the recipients benefit consists of the removal or storage of household effects of the employee;

  (b)   the removal or storage is required solely because:

  (i)   the employee is required to live away from his or her usual place of residence in order to perform the duties of that employment;

  (ii)   the employee, having lived away from his or her usual place of residence in order to perform the duties of that employment, is required to return to his or her usual place of residence:

  (A)   in order to perform those duties; or

  (B)   because the employee has ceased to perform those duties; or

  (iii)   the employee is required to change his or her usual place of residence in order to perform the duties of that employment;

  (c)   the removal or storage is required to enable a family member to:

  (i)   if subparagraph   (b)(i) applies--take up residence, or to continue to reside, at or near the place where the employee performs the duties of that employment while living away from his or her usual place of residence;

  (ii)   if subparagraph   (b)(ii) applies--take up residence at the employee's usual place of residence; or

  (iii)   if subparagraph   (b)(iii) applies--take up residence, or to continue to reside, at the employee's new usual place of residence;

  (d)   if subparagraph   (b)(iii) applies:

  (i)   the removal takes place, or the storage commences to be provided, within 12 months after the day on which the employee commenced to perform the duties of that employment at the employee's new place of employment; and

  (ii)   the benefit is not provided under a non - arm's length arrangement;

  (e)   if subparagraph   (a)(i) applies--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; and

  (f)   the removal or storage was not provided in connection with travel undertaken by the employee in the course of performing the duties of that employment;

the benefit is an exempt benefit in relation to the year of tax.

  (2)   For the purposes of this section:

  (a)   a reference to the household effects of an employee is a reference to tangible property (whether or not owned by a family member) kept primarily for the personal use of family members; and

  (b)   without limiting the generality of an expression used in subsection   (1), the recipients expenditure shall be taken to be in respect of, and the recipients benefit shall be taken to consist of, the removal or storage of household effects if the expenditure or benefit is in respect of, or consists of, the transport, packing, unpacking or insurance of the household effects in connection with the removal or storage of the household effects.