Loading…
Loading…
Yes, in certain circumstances. The provision of meals would constitute a board fringe benefit in terms of section 35, and the provision of accommodation would be a residual fringe benefit under section 45.
Residual fringe benefits in respect of accommodation provided for employees who are working at remote construction sites in circumstances where their 'fly-in fly-out' arrangements are exempt benefits, are also exempt benefits under subsection 47(5) where all the requirements of the subsection are met.
Alternatively, if subsection 47(5) does not apply, for example because subparagraph 47(5)(d)(ii) is not satisfied, some relief from tax may still be available.
Where either or both, accommodation and meals are provided for employees while they are travelling in the course of their employment, the 'otherwise deductible' rules contained in sections 52 and 37 respectively apply to reduce the taxable value of the fringe benefits to nil. Taxation Ruling MT 2030 provides that as a general practical rule a person will be considered to be travelling in the course of their employment where they are away from their home base for a period not exceeding 21 days.
Where accommodation and meals are provided to employees who are away from their home base for periods in excess of 21 days, the employees would, as a general practical rule, not be considered to be travelling in the course of their employment. The 'otherwise deductible' rules contained in sections 52 and 37 would not therefore apply.
For further guidance on the question of whether a person is travelling in the course of their employment, refer to Taxation Ruling MT 2030 which discusses in paragraphs 35 to 43 the circumstances where a person will be considered to be travelling for the purposes of distinguishing between travelling allowances and living away from home allowances.
Choose document B