Commonwealth Numbered Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 No. 39 of 1986 - SECT 63

63. Where-

   (a)  a living-away-from-home food fringe benefit, or 2 or more
        living-away-from-home food fringe benefits, in relation to an employer
        in relation to a year of tax relates or relate to a particular
        employee;

   (b)  the fringe benefit or fringe benefits are equivalent to the food
        component of a living-away-from-home allowance fringe benefit
        in respect of a particular period in the year of tax;

   (c)  that food component exceeds the sum of the statutory food amounts in
        respect of eligible family members in respect of that period; and

   (d)  the employee gives to the employer, before the declaration date, a
        declaration, in a form approved by the Commissioner, purporting to set
        out particulars of-

        (i)    the employee's usual place of residence during that period; and

        (ii)   the place at which the employee actually resided during that
               period, the following provisions apply:

   (e)  if there is only one living-away-from-home food fringe benefit-the
        amount that, but for this section and section 62 and the recipients
        contribution, would be the taxable value of that fringe benefit, shall
        be reduced by the amount of the excess referred to in paragraph (c);

   (f)  if there are 2 or more living-away-from-home food fringe benefits-the
        amounts that, but for this section and section 62 and the recipients
        contribution, would be the taxable values of those fringe benefits
        shall be reduced by amounts proportionate to those taxable values and
        equal in total to the amount of the excess referred to in paragraph
        (c).