MINERALS RESOURCE RENT TAX ACT 2012 (REPEALED)

CHAPTER 3 - MRRT ALLOWANCES  

PART 3-7 - TRANSFERRED MINING LOSS ALLOWANCES  

Division 100 - Transferred mining loss allowances  

Operative provisions  

SECTION 100-25   COMMON OWNERSHIP TEST  

100-25(1)    
At all times in the period mentioned in subsection (2) , the miner who has the loss project interest and the miner who has the receiving interest must be:

(a) the same miner; or

(b) * closely associated with each other.

100-25(2)    
The period:

(a) starts at the start of the * MRRT year for which the * mining loss arises ; and

(b) ends at the end of the transfer year.

100-25(3)    
To avoid doubt, it is not a requirement of subsection (1) that the same miner has an interest at all times in the period mentioned.

Example:

At the start of the period, the loss project interest and the receiving interest are held by the same miner. Part way through the period, the loss project interest is transferred to another entity in the same consolidatable group. The condition in this section is met because, at all times in the period, the interests were held by either the same miner, or a closely associated miner.