Document ID: chunk:federal_register_of_legislation:C2025C00120:section:58c:p2
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 58C (pt 2/3)
Character Range: 213067–215796

(d) if subparagraph (a)(i) applies—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
 (e) the benefit is not provided under a non‑arm's length arrangement;
the benefit is an exempt benefit in relation to the year of tax.
 (3) Where:
 (a) at a particular time, the employee or an associate of the employee acquires:
 (i) a prescribed interest in land on which:
 (A) there is a building constituting or containing another dwelling;
 (B) the employee or associate proposes to construct, or complete the construction of, a building constituting or containing another dwelling;
 (ii) a prescribed interest in a stratum unit in relation to another dwelling; or
 (iii) a proprietary right in respect of another dwelling, being a flat or home unit;
 (b) the employee or associate acquires the interest or right solely because the employee is required to change his or her usual place of residence in order to perform the duties of that employment at the employee's new place of employment;
 (c) the employee or associate entered into a contract for the acquisition of the interest or right on a day (the contract day) within 4 years after the new employment day;
 (ca) if, on the contract day, the employee or associate holds an interest or right in another dwelling in a situation where:
 (i) if that interest or right were sold within 2 years after the new employment day; and
 (ii) if a benefit of a kind referred to in subsection (2) were provided in relation to that interest or right;
  the benefit would be an exempt benefit under subsection (2)—not more than 2 years have elapsed since the new employment day;
 (d) immediately after the completion of the acquisition, the employee occupied the other dwelling, or proposed to occupy the other proposed dwelling, as his or her usual place of residence;
 (e) any of the following benefits is provided in respect of that employment of the employee in, or in respect of, a year of tax:
 (i) an expense payment benefit where the recipients expenditure is incidental to the acquisition of that interest or right;
 (ii) a residual benefit where the recipients benefit is incidental to the acquisition of that interest or right;
 (iii) an expense payment benefit where the recipients expenditure is in respect of the act of connecting or re‑connecting a telephone service to the other dwelling or proposed dwelling;
 (iv) a residual benefit where the recipients benefit is constituted by the act of connecting or re‑connecting a telephone service to the other dwelling or proposed dwelling;
 (v) an expense payment benefit where the recipients expenditure is