Document ID: chunk:federal_register_of_legislation:C2025C00120:section:142:p5
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 142 (pt 5/7)
Character Range: 562064–564664

complete the construction of, a dwelling on land in which the employee holds an estate or interest;
 (c) to enable the employee to acquire an estate or interest in land on which there is a dwelling; or
 (d) to enable the employee to extend a dwelling, being a dwelling constructed on land in which the employee holds an estate or interest, by adding a room or part of a room to the dwelling, as the case may be;
where:
 (e) if paragraph (a) or (b) applies:
 (i) at the time the recipients expenditure was incurred, the employee proposed to occupy or use the dwelling as his or her usual place of residence; and
 (ii) the Commissioner is satisfied that the employee has pursued sustained reasonable efforts to:
 (A) commence the construction, or commence the completion of the construction, of the building constituting or containing the dwelling within 6 months after the time the recipients expenditure was incurred; and
 (B) occupy or use the dwelling concerned as his or her usual place of residence within 18 months after the time the recipients expenditure was incurred;
 (f) if paragraph (c) or (d) applies—as soon as reasonably practicable after the time the recipients expenditure was incurred, the dwelling concerned was occupied or used by the employee as his or her usual place of residence;
 (g) at the time the recipients expenditure was incurred:
 (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;
 (h) the common conditions set out in subsection (2E) are satisfied in relation to the time the recipients expenditure was incurred; and
 (j) the fringe benefit was not provided to the employee under:
 (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.
 (2D) In this Act, a reference, in relation to a property fringe benefit or an expense payment fringe benefit in relation to a year of tax in relation to an employee of an employer, to a recognised remote area housing obligation restricting the disposal of an estate or interest in land is a reference to a contractual obligation entered into by the employee with the employer or an associate of the employer not to dispose of the estate