Document ID: chunk:federal_register_of_legislation:C2025C00120:section:61c:p1
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 61C (pt 1/3)
Character Range: 303607–306372

61C  Reduction of taxable value—temporary accommodation relating to relocation
 (1) Where:
 (a) any of the following fringe benefits is provided in, or in respect of, a year of tax in respect of the employment of an employee of an employer:
 (i) an expense payment fringe benefit where the recipients expenditure is in respect of:
 (A) a lease or licence in respect of a unit of accommodation occupied or used for the temporary accommodation of family members; or
 (B) a lease or licence in respect of goods primarily for domestic use by family members, being domestic use in connection with a unit of accommodation occupied or used for the temporary accommodation of family members;
 (ii) a housing fringe benefit where the housing right is in respect of a unit of accommodation occupied or used for the temporary accommodation of family members;
 (iii) a residual fringe benefit where the recipients benefit:
 (A) is constituted by the subsistence of a lease or licence in respect of a unit of accommodation occupied or used for the temporary accommodation of family members; or
 (B) is constituted by the subsistence of a lease or licence in respect of goods primarily for domestic use by family members, being domestic use in connection with a unit of accommodation occupied or used for the temporary accommodation of family members;
 (b) the temporary accommodation is required solely because the employee is required to change his or her usual place of residence in order to perform the duties of that employment;
 (c) if the unit of accommodation is located at or near the employee's former usual place of residence—the temporary accommodation was required because the unit of accommodation that was the employee's former usual place of residence became unavailable, or unsuitable, for residential use by family members due to removal, storage or other arrangements relating to the change in the usual place of residence of the employee;
 (d) if the unit of accommodation is located at or near the employee's new place of employment—the employee, or an associate of the employee, either before, on, or as soon as reasonably practicable after, the day (in this section called the relocation day) on which the employee commenced to perform the duties of that employment at the employee's new place of employment, commenced sustained reasonable efforts to acquire, or to acquire the right to occupy or use, a unit of accommodation intended by the employee or associate, as the case may be, to provide a long‑term place of residence for the employee; and
 (e) the fringe benefit is not provided under a non‑arm's length arrangement;
the following provisions have effect.
 (2) Where:
 (a) paragraph (1)(c) applies; and
 (b) a percentage (in this subsection called