Document ID: chunk:federal_register_of_legislation:C2025C00120:section:61a:p1
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 61A (pt 1/3)
Character Range: 296497–299205

61A  Reduction of taxable value—overseas employment holiday transport
 (1) Where one or more fringe benefits, being fringe benefits in respect of overseas employment holiday transport, in relation to an employer in relation to a year of tax relate to a particular employee of the employer, the amount (in this subsection called the gross taxable value) that, but for this subsection and section 62, would be:
 (a) so much of the taxable value of that fringe benefit as is attributable to transport, meals or accommodation for a particular family member; or
 (b) so much of the sum of the taxable values of those fringe benefits as is attributable to transport, meals or accommodation for a particular family member;
as the case requires, in relation to that year of tax, shall be reduced by:
 (c) 50% of the gross taxable value; or
 (d) 50% of the benchmark travel amount in relation to that fringe benefit in relation to the family member or 50% of the greatest benchmark travel amount in relation to those fringe benefits in relation to the family member, as the case requires;
whichever is the less.
 (2) Subsection (1) does not apply in relation to a fringe benefit in respect of overseas employment holiday transport, being an expense payment fringe benefit, unless:
 (a) in the case of an expense payment fringe benefit 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 Division 28 car expense 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 the number of whole kilometres travelled by the car in providing transport by virtue of which the recipients expenditure is in respect of overseas employment holiday transport; or
 (b) in the case of an expense payment fringe benefit where paragraph (a) 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.
 (3) Where:
 (a) subsection (1) applies in relation to one or more fringe benefits (in this subsection called the overseas holiday transport fringe benefits) in relation to an employer in relation to a year of tax, being fringe benefits that relate to a particular employee of the employer;
 (b) one or more of the overseas holiday transport fringe benefits are home country fringe benefits in relation to a particular holiday or holidays