Document ID: chunk:federal_register_of_legislation:C2025C00120:section:142:p2
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 142 (pt 2/7)
Character Range: 554985–557514

that was entered into by any of the parties to the arrangement for the purpose, or for purposes that included the purpose, of enabling the employer to obtain the benefit of the application of section 60.
 (2) In this Act, a reference, in relation to a property fringe benefit in relation to a year of tax in relation to an employee of an employer, to remote area residential property is a reference to property that consists of an estate or interest in land:
 (aa) on which is situated a dwelling occupied or used by the employee immediately after the provision time as his or her usual place of residence; or
 (ab) on which the employee proposes, as at the provision time, to construct, or complete the construction of, a dwelling to be occupied or used by the employee as his or her usual place of residence;
where:
 (ac) if paragraph (ab) applies—the Commissioner is satisfied that the employee has pursued sustained reasonable efforts to:
 (i) commence the construction, or commence the completion of the construction, of the dwelling within 6 months after the provision time; and
 (ii) occupy or use the dwelling as his or her usual place of residence within 18 months after the provision time;
 (a) at the provision time:
 (i) the land was situated in a State or internal Territory and was not at a location in, or adjacent to, an eligible urban area; and
 (ii) the employee was a current employee of the employer and the usual place of employment of the employee was not at a location in, or adjacent to, an eligible urban area;
 (b) the common conditions set out in subsection (2E) are satisfied in relation to the provision time; and
 (d) the property was not provided to the employee pursuant to:
 (i) a non‑arm's length arrangement; or
 (ii) an arrangement that was entered into by any of the parties to the arrangement for the purpose, or for purposes that included the purpose, of enabling the employer to obtain the benefit of the application of section 60 or Division 14A of Part III.
 (2A) In this Act, a reference, in relation to a property fringe benefit in relation to a year of tax in relation to an employee of an employer, to a remote area residential property option fee is a reference to property that consists of a fee paid to the employee by way of consideration in respect of the grant of an option to purchase an estate or interest in land:
 (a) held by the employee; and
 (b) on which:
 (i) there is a dwelling occupied or used by the employee immediately after the provision time as his or her usual