Fringe Benefits Tax Assessment Act 1986

PART III - FRINGE BENEFITS  

Division 7 - Living-away-from-home allowance fringe benefits  

Subdivision C - Related provisions  

SECTION 31G   SUBSTANTIATING RELATED EXPENSES  

31G(1)    
This section applies to the following expenses incurred by the employee:

(a) an expense for the accommodation of eligible family members during the period to which a living-away-from-home allowance fringe benefit relates;

(b) an expense for food or drink for eligible family members during the period to which a living-away-from-home allowance fringe benefit relates, if the total of those food or drink expenses for that period exceeds the amount the Commissioner considers reasonable.

31G(2)    
The employee substantiates the expense if the employee:

(a) before the declaration date for the year of tax during which the fringe benefit was provided, gives the employer:

(i) documentary evidence of the expense, or a copy; or

(ii) a declaration, in a form approved by the Commissioner, purporting to set out information about the expense; and

(b) if the employee gives a declaration under subparagraph (a)(ii) - retains documentary evidence of the expense for a period of 5 years starting at that declaration date.

Note:

Substantiating expenses increases the exempt accommodation component, and exempt food component, for working out the taxable value of the relevant fringe benefit.