Subdiv B substituted by No 142 of 2012, s 3 and Sch 1 item 1, applicable in relation to an employee who, on or after 1 October 2012, lives away from his or her normal residence (whether a benefit provided for living away from that residence on or after that day was paid before, on or after that day). No 142 of 2012, s 3 and Sch 1 items 27 and 28 contain the following transitional provisions:

27 Transitional - existing employment arrangements  
(1)
During the transitional period, disregard paragraph 31C(a) and section 31D of the Fringe Benefits Tax Assessment Act 1986 if:

(a) the employee is neither a temporary resident nor a foreign resident; and

(b) during the entire period:

(i) starting at the Budget time; and

(ii) ending on 30 September 2012;

that employment was covered by an eligible employment arrangement that was neither varied in a material way nor renewed.

(2)
During the transitional period, disregard section 31D of the Fringe Benefits Tax Assessment Act 1986 if:

(a) the employee is a temporary resident or a foreign resident; and

(b) during the entire period:

(i) starting at the Budget time; and

(ii) ending on 30 September 2012;

that employment was covered by an eligible employment arrangement that was neither varied in a material way nor renewed.

(3)
In this item:

Budget time
means 7.30 pm, by legal time in the Australian Capital Territory, on 8 May 2012.

eligible employment arrangement
means an arrangement under which:

(a) the employer; or

(b) an associate of the employer;

commits to provide the employee with an allowance or benefit for the employee ' s accommodation, food or drink while the duties of that employment require the employee to live away from his or her normal residence.

foreign resident
has the same meaning as in the Income Tax Assessment Act 1997 .

temporary resident
has the same meaning as in the Income Tax Assessment Act 1997 .

transitional period
means the period:

(a) starting on 1 October 2012; and

(b) ending at the earliest of:

(i) 30 June 2014; and

(ii) the time the eligible employment arrangement referred to in paragraph (1)(b) or (2)(b) ends; and

(iii) the first time that eligible employment arrangement is varied in a material way or renewed.

28 Transitional - first 12 months for existing arrangements  
(1)
This item applies if, on 1 October 2012:

(a) an employee ' s duties of employment require the employee to live away from the place in Australia where he or she usually resides when in Australia; or

(b) the employee expects that his or her duties of employment will require him or her to resume living away from the place in Australia where he or she usually resides when in Australia.

(2)
Treat the 12-month period referred to in subsection 31D(1) of the Fringe Benefits Tax Assessment Act 1986 as if it were the first 12 months on or after 1 October 2012 that the employee lives away from that place as so required.

Subdiv B formerly read:

Subdivision B - Taxable value of living-away-from-home allowance fringe benefits

SECTION 31 TAXABLE VALUE OF LIVING-AWAY-FROM-HOME ALLOWANCE FRINGE BENEFITS  
31
Subject to this Part, the taxable value of a living-away-from-home allowance fringe benefit in relation to a year of tax is:

(a) if the fringe benefit is covered by subsection 30(1) - the amount of the recipients allowance reduced by:

(i) any exempt accommodation component; and

(ii) any exempt food component; or

(b) if the fringe benefit is covered by subsection 30(2) - the amount of the recipients allowance.

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History

S 31 amended by No 216 of 1991 and No 139 of 1987.

S 31A inserted by No 142 of 2012, s 3 and Sch 1 item 1, applicable in relation to an employee who, on or after 1 October 2012, lives away from his or her normal residence (whether a benefit provided for living away from that residence on or after that day was paid before, on or after that day). For transitional provisions see note under Subdiv B heading.