Commonwealth Numbered Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 No. 39 of 1986 - SECT 61

61. (1) Where-

   (a)  the recipients expenditure in relation to an expense payment fringe
        benefit in relation to a year of tax is in respect of remote area
        holiday transport;

   (b)  in a case to which paragraph (c) does not apply-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; and

   (c)  in a case where-

        (i)    the expense payment fringe benefit is constituted by the
               reimbursement of the recipient, in whole or in part,
               in respect of an amount of a car expense, within the meaning of
               Subdivision F of Division 3 of Part III of the
               Income Tax Assessment Act 1936, incurred by the recipient in
               relation to a car owned by, or leased to, the recipient; and

        (ii)   the reimbursement is calculated by reference to the distance
               travelled by the car,
the recipient gives to the employer, before the declaration date, a
declaration, in a form approved by the Commissioner, purporting to set out-

        (iii)  particulars of the car; and

        (iv)   the number of whole kilometres travelled by the car in
               providing transport by virtue of which the
               recipients expenditure is in respect of remote area holiday
               transport, the amount that, but for this sub-section, would be
               the taxable value of the fringe benefit in relation to the
               year of tax shall be reduced by-

   (d)  where paragraph (c) does not apply-50%; and

   (e)  where paragraph (c) applies-50% of so much of the amount of the
        reimbursement as does not exceed the reimbursement that would have
        been paid if it had been calculated on the basis of the rate
        prescribed for the purposes of paragraph 82KX (1) (a) of the
        Income Tax Assessment Act 1936.

(2) Where the recipients benefit in relation to a residual fringe benefit in
relation to a year of tax is in respect of remote area holiday transport, the
amount that, but for this sub-section and section 62, would be the taxable
value of that fringe benefit in relation to the year of tax shall be reduced
by 50%.