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15 Apr 1313 Regs regarding excluded benefits for Commonwealth employees

Fringe Benefits Tax Amendment Regulation 2013 (No 1) was made on 11 April 2013 and registered on the Federal Register of Legislative Instruments on 11 April 2013 as Select Legislative Instrument 2013 No 55.

The regulation amends the Fringe Benefits Tax Regulations 1992 ("FBT Regulations"). The purpose of the regulation is to exclude living-away-from-home (LAFH) allowances and benefits, including certain expense payment benefits and residual benefits, from being reportable fringe benefits for Commonwealth employees posted both overseas and domestically.

Given the nature of domestic and overseas postings of Commonwealth employees, and the fact that they are often required to live away from home for periods longer than 12 months to carry out their official duties, the Government has amended the FBT Regulations so that the LAFH allowance, expense payment benefits and residual benefits are not included on their payment summaries as reportable fringe benefits.

Further, to improve readability, amendments are made to the headings of the existing excluded benefits. The sections are also renumbered so that they run sequentially.

The regulation also repeals Regulation 3F and replaces it with a new Regulation 8 which is rewritten to improve readability. There is no change to the policy intent or operation of this section.

The regulation repeals the existing Regulation 6 and the related clauses in Schedule 3 to the FBT Regulations because they are inoperable and are no longer necessary following legislative amendments in 2011.

For a copy of the Explanatory Statement, click on the Explanatory Statement tab.


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