MINERALS RESOURCE RENT TAX ACT 2012 (REPEALED)

CHAPTER 4 - SPECIALIST LIABILITY RULES  

PART 4-6 - INTEGRITY MEASURES  

Division 205 - Anti-profit shifting  

Operative provisions  

SECTION 205-25   COMMISSIONER DETERMINATIONS  

205-25(1)    
For the purposes of adjusting an amount mentioned in paragraph 205-20(1)(c) or (2)(c) , the Commissioner may make a determination stating any of the following:

(a) the amount that, under the * MRRT law , is (and has been at all times) an * entity ' s * mining profit for a mining project interest, or the entity ' s * pre-mining profit for a * pre-mining project interest for an * MRRT year that has ended;

(b) the amount that, under the MRRT law, is (and has been at all times) an * allowance component for a mining project interest or pre-mining project interest for an MRRT year that has ended;

(c) one or more of the following amounts that, under the MRRT law, is (and has been at all times) the amount an entity has for an MRRT year that has ended:

(i) an offset under Division 45 (low profit offsets);

(ii) an offset under Division 225 (rehabilitation tax offsets);

(d) in relation to an amount that is an element in the calculation of amounts to which paragraph (a), (b) or (c) apply - the amount that, under the MRRT law, is (and has been at all times) that amount for an MRRT year that has ended.

205-25(2)    
An * entity may give the Commissioner a written request to make a determination under this section relating to the entity. The Commissioner must decide whether or not to grant the request, and give the entity notice of the Commissioner ' s decision.

205-25(3)    
The Commissioner may take such action as the Commissioner considers necessary to give effect to the determination.

205-25(4)    
The Commissioner must give a copy of a determination under this section to the * entity whose * mining profit , * pre-mining profit , * allowance components or offsets is stated in the determination.

205-25(5)    
A failure to comply with subsection (4) does not affect the validity of the determination.

205-25(6)    
To avoid doubt, statements relating to different * MRRT years and different * mining profits , * pre-mining profits , * allowance components and offsets may be included in a single determination under this section.

205-25(7)    
If an * entity is dissatisfied with the Commissioner ' s decision not to grant a request by the entity under subsection (2) , the entity may object, in the manner set out in Part IVC of the Taxation Administration Act 1953 , against that decision.