Commonwealth Consolidated Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 - SECT 59

  (1)   If:

  (a)   residential fuel is for use:

  (i)   in connection with the recipients unit of accommodation; and

  (ii)   during the subsistence of the recipients overall housing right;

    in relation to a remote area housing benefit, in relation to an employer in relation to a year of tax; and

  (b)   any of the following conditions are satisfied:

  (i)   the recipients expenditure in relation to an expense payment fringe benefit in relation to the employer in relation to the year of tax or a subsequent year of tax is in respect of the supply of that residential fuel;

  (ii)   the recipients property in relation to a property fringe benefit in relation to the employer in relation to the year of tax is that residential fuel;

  (iii)   the recipients benefit in relation to a residual fringe benefit in relation to the employer in relation to the year of tax is the benefit of the consumption of that residential fuel;

the amount that, apart from this subsection and section   62, would be the taxable value of the fringe benefit referred to in paragraph   (b) in relation to the year of tax is reduced by 50%.

  (2)   Where:

  (a)   any of the following conditions are satisfied:

  (i)   the recipients expenditure in relation to an expense payment fringe benefit in relation to an employer in relation to an employee in relation to a year of tax is in respect of the supply of residential fuel;

  (ii)   the recipients property in relation to a property fringe benefit in relation to an employer in relation to an employee in relation to a year of tax is residential fuel;

  (iii)   the recipients benefit in relation to a residual fringe benefit in relation to an employer in relation to an employee in relation to a year of tax is the benefit of the consumption of residential fuel;

  (b)   the residential fuel is for use in connection with a dwelling during a period in the year of tax or, in a case to which subparagraph   (a)(i) applies, a preceding year of tax, when the recipient of the fringe benefit occupied or used the dwelling as his or her usual place of residence and was under an obligation to repay the whole or a part of a remote area housing loan connected with the dwelling; and

  (c)   the fringe benefit was not provided under:

  (i)   a non - arm's length arrangement; or

  (ii)   an arrangement that was entered into by any of the parties to the arrangement for the purpose, or for purposes that included the purpose, of enabling the employer to obtain the benefit of the application of this section;

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%.

  (3)   Where:

  (a)   any of the following conditions are satisfied:

  (i)   the recipients expenditure in relation to an expense payment fringe benefit in relation to an employer in relation to an employee in relation to a year of tax is in respect of the supply of residential fuel;

  (ii)   the recipients property in relation to a property fringe benefit in relation to an employer in relation to an employee in relation to a year of tax is residential fuel;

  (iii)   the recipients benefit in relation to a residual fringe benefit in relation to an employer in relation to an employee in relation to a year of tax is the benefit of the consumption of residential fuel;

  (b)   the residential fuel is for use in connection with a unit of accommodation during a period in the year of tax or, in a case to which subparagraph   (a)(i) applies, in a preceding year of tax, during which:

  (i)   the recipient of the fringe benefit occupied or used the unit of accommodation as his or her usual place of residence; and

  (ii)   remote area housing rent connected with the unit of accommodation accrued; and

  (c)   the fringe benefit was not provided under:

  (i)   a non - arm's length arrangement; or

  (ii)   an arrangement that was entered into by any of the parties to the arrangement for the purpose, or for purposes that included the purpose, of enabling the employer to obtain the benefit of the application of this section;

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%.