Document ID: chunk:federal_register_of_legislation:C2025C00120:section:142:p4
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 142 (pt 4/7)
Character Range: 559662–562280

residence; or
 (ii) the employee proposed, as at the time the employee acquired the estate or interest, 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:
 (c) if subparagraph (b)(ii) 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 time the employee acquired the estate or interest; and
 (ii) occupy or use the dwelling as his or her usual place of residence within 18 months after the time the employee acquired the estate or interest;
 (d) 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;
 (e) at or before the time the employee acquired the estate or interest, the employee entered into a recognised remote area housing obligation restricting the disposal of the estate or interest concerned;
 (f) the purchase by the provider of the fringe benefit of the estate or interest is in accordance with that obligation;
 (g) the common conditions set out in subsection (2E) are satisfied in relation to the provision time; and
 (h) the property 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 14B of Part III.
 (2C) In this Act, a reference, in relation to an expense payment fringe benefit in relation to a year of tax in relation to an employee of an employer, to recipients expenditure in respect of remote area residential property is a reference to recipients expenditure that is incurred wholly:
 (a) to enable the employee to acquire an estate or interest in land on which a dwelling was subsequently to be constructed or to acquire an estate or interest in land and construct, or complete the construction of, a dwelling on the land;
 (b) to enable the employee to construct, or 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