Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 378 - Digital games (tax offset for Australian expenditure on digital games)  

Subdivision 378-C - Certificates for digital games tax offset  

SECTION 378-55   Single company or head company may apply for certificate  

378-55(1)    
A company or, if the company is a *member of a *consolidated group or a *MEC group, the *head company of the consolidated group or MEC group may:

(a)    if all the company ' s *qualifying Australian development expenditure on a *digital game has been incurred in *completing the game - apply to the *Arts Minister for the issue of a certificate under subsection 378-25(1) (completion certificate) in relation to the game; or

(b)    if all the company ' s qualifying Australian development expenditure on a digital game has been incurred in *porting the game - apply to the Arts Minister for the issue of a certificate under subsection 378-25(3) (porting certificate) in relation to the game; or

(c)    if all the company ' s qualifying Australian development expenditure on a digital game or games has been incurred in an income year on the *ongoing development of the games in the income year - apply to the Arts Minister for the issue of a certificate under subsection 378-25(5) (ongoing development certificate) in relation to the games for the income year.

378-55(2)    
The application must:

(a)    specify which certificate is sought; and

(b)    specify the company ' s *ABN; and

(c)    specify whether the company is an Australian resident or a foreign resident with a *permanent establishment in Australia; and

(d)    contain sufficient detail to enable the *Arts Minister to determine whether an item of expenditure incurred by the company is *qualifying Australian development expenditure on the game or on the games in the income year; and

(e)    be made in accordance with the rules made under section 378-100 by the Arts Minister, so far as they relate to the requirements for applications.