MINERALS RESOURCE RENT TAX ACT 2012 (REPEALED)
CHAPTER 2
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GENERAL LIABILITY RULES
PART 2-3
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MINING PROFITS
Division 30
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Mining revenue
Subdivision 30-B
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Revenue from supply, export or use of taxable resources
SECTION 30-30
MEANING OF
ARM
'
S LENGTH CONSIDERATION
30-30(1)
The arm ' s length consideration for a * supply is the amount that would reasonably be expected to be received or receivable by the miner as consideration for the supply if:
(a) the miner made the supply under an agreement between the miner and another * entity ; and
(b) they were dealing wholly independently with one another in relation to the supply.
30-30(2)
The method used to determine that amount is to be the method that produces the most appropriate and reliable measure of that amount having regard to:
(a) the miner ' s circumstances, including, but not limited to, the functions performed, assets used, and risks borne by the miner in carrying on its * mining operations , * transformative operations and * resource marketing operations for the mining project interest; and
(b) the available information.
30-30(3)
However, if it is not possible to work out the arm ' s length consideration in accordance with subsections (1) and (2) , the arm ' s length consideration for a * supply is the amount that is, in the Commissioner ' s opinion, fair and reasonable.
The arm ' s length consideration for a * supply is the amount that would reasonably be expected to be received or receivable by the miner as consideration for the supply if:
(a) the miner made the supply under an agreement between the miner and another * entity ; and
(b) they were dealing wholly independently with one another in relation to the supply.
30-30(2)
The method used to determine that amount is to be the method that produces the most appropriate and reliable measure of that amount having regard to:
(a) the miner ' s circumstances, including, but not limited to, the functions performed, assets used, and risks borne by the miner in carrying on its * mining operations , * transformative operations and * resource marketing operations for the mining project interest; and
(b) the available information.
30-30(3)
However, if it is not possible to work out the arm ' s length consideration in accordance with subsections (1) and (2) , the arm ' s length consideration for a * supply is the amount that is, in the Commissioner ' s opinion, fair and reasonable.
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