Fringe Benefits Tax Assessment Act 1986
View history note
Hide history noteA benefit is an exempt benefit in relation to a year of tax if:
(a) the benefit is an expense payment benefit, or a residual benefit, provided in, or in respect of, the year of tax in respect of the employment of an employee; and
(b) the benefit is in respect of, or consists of, the engagement of a relocation consultant; and
(c) the engagement of the relocation consultant is required solely for one or more of the following reasons:
(i) the employee is required to live away from his or her usual place of residence to perform the duties of the employment mentioned in paragraph (a) (the new employment duties );
(ii) having lived away from his or her usual place of residence to perform the new employment duties, the employee is required to return there to perform them, or because the employee has ceased to perform them;
(iii) the employee is required to change his or her usual place of residence to perform those duties; and
(d) the relocation consultant is engaged to help a family member:
(i) if subparagraph (c)(i) applies - to settle, or to remain, at or near the location where the employee performs the new employment duties while living away from his or her usual place of residence; or
(ii) if subparagraph (c)(ii) applies - to settle at the location of the employee's usual place of residence; or
(iii) if subparagraph (c)(iii) applies - to settle, or to remain, at the location of the employee's new usual place of residence; and
(e) the benefit is not provided under a non-arm's length arrangement; and
(f) if the benefit is an expense payment benefit - 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. 58AA(2) [Kinds of help]
Without limiting subsection (1), a reference in that subsection to helping a family member to settle, or to remain, at a location includes:
(a) a relocation consultant finding, or providing information to the family member about, accommodation for the family member at the location; or
(b) a relocation consultant providing information to the family member about education facilities or other community amenities and services at the location;
but does not include a reference to a relocation consultant paying expenses on behalf of a family member.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
