Commonwealth Numbered Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 No. 39 of 1986 - SECT 34

34. (1) Where-

   (a)  the recipient of an airline transport fringe benefit in relation to an
        employer in relation to a year of tax is an employee of the employer;

   (b)  if the recipient had, at the comparison time, incurred and paid
        expenditure in respect of the provision of the recipients transport
        and had not been reimbursed in respect of any part of that
        expenditure, a once-only deduction would, or would but for section
        82A, and Subdivision F of Division 3 of Part III, of the
        Income Tax Assessment Act 1936, have been allowable to the recipient
        under that Act in respect of a percentage (in this sub-section
referred to as the "deductible percentage") of the expenditure;

   (c)  except where the fringe benefit is-

        (i)    an exclusive employee airline transport benefit; or

        (ii)   an extended travel airline transport benefit,
the recipient gives to the employer, before the declaration date, a
declaration, in a form approved by the Commissioner, in respect of the
recipients transport; and

   (d)  where the fringe benefit is an extended travel airline transport
        benefit-the recipient gives to the employer, before the
        declaration date, a travel diary in relation to the travel undertaken
        by the recipient in connection with the recipients transport, the
        amount that, but for this sub-section and Division 13, would be the
        taxable value of that fringe benefit in relation to the year of tax
        shall be reduced by the deductible percentage.

(2) For the purposes of the application of this section in relation to a
fringe benefit, where the recipient-

   (a)  while undertaking travel referred to in paragraph (1) (d), engages in
        an activity in the course of producing assessable income of the
        recipient; and
(b) does not make, as mentioned in the definition of "travel diary" in
sub-section 136 (1), an entry relating to the activity, being an entry of the
kind referred to in that definition, the activity shall be deemed not to have
been engaged in by the recipient in the course of producing assessable income.