Commonwealth Consolidated Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 - SECT 58AA

  (1)   A benefit is an exempt benefit in relation to a year of tax if:

  (a)   the benefit is an expense payment benefit, or a residual benefit, provided in, or in respect of, the year of tax in respect of the employment of an employee; and

  (b)   the benefit is in respect of, or consists of, the engagement of a relocation consultant; and

  (c)   the engagement of the relocation consultant is required solely for one or more of the following reasons:

  (i)   the employee is required to live away from his or her usual place of residence to perform the duties of the employment mentioned in paragraph   (a) (the new employment duties );

  (ii)   having lived away from his or her usual place of residence to perform the new employment duties, the employee is required to return there to perform them, or because the employee has ceased to perform them;

  (iii)   the employee is required to change his or her usual place of residence to perform those duties; and

  (d)   the relocation consultant is engaged to help a family member:

  (i)   if subparagraph   (c)(i) applies--to settle, or to remain, at or near the location where the employee performs the new employment duties while living away from his or her usual place of residence; or

  (ii)   if subparagraph   (c)(ii) applies--to settle at the location of the employee's usual place of residence; or

  (iii)   if subparagraph   (c)(iii) applies--to settle, or to remain, at the location of the employee's new usual place of residence; and

  (e)   the benefit is not provided under a non - arm's length arrangement; and

  (f)   if the benefit is an expense payment benefit--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.

  (2)   Without limiting subsection   (1), a reference in that subsection to helping a family member to settle, or to remain, at a location includes:

  (a)   a relocation consultant finding, or providing information to the family member about, accommodation for the family member at the location; or

  (b)   a relocation consultant providing information to the family member about education facilities or other community amenities and services at the location;

but does not include a reference to a relocation consultant paying expenses on behalf of a family member.