MINERALS RESOURCE RENT TAX ACT 2012 (REPEALED)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 35
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Mining expenditure
Subdivision 35-B
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Excluded expenditure
SECTION 35-70
REHABILITATION BOND AND TRUST PAYMENTS
35-70(1)
An amount of expenditure is excluded expenditure to the extent that it is provided as security (however described) for rehabilitation of the * project area for a mining project interest.
35-70(2)
An amount of expenditure that is incurred by a trustee or bondholder out of an amount provided as security as mentioned in subsection (1) is taken to have been incurred by a miner in relation to a mining project interest to the extent that:
(a) the amount is for rehabilitation of an area; and
(b) the area is the * project area for the mining project interest the miner has at the time the amount is incurred; and
(c) if more than one miner has a mining project interest in relation to that project area at that time - the rehabilitation reasonably relates to the mining project interest.
An amount of expenditure is excluded expenditure to the extent that it is provided as security (however described) for rehabilitation of the * project area for a mining project interest.
35-70(2)
An amount of expenditure that is incurred by a trustee or bondholder out of an amount provided as security as mentioned in subsection (1) is taken to have been incurred by a miner in relation to a mining project interest to the extent that:
(a) the amount is for rehabilitation of an area; and
(b) the area is the * project area for the mining project interest the miner has at the time the amount is incurred; and
(c) if more than one miner has a mining project interest in relation to that project area at that time - the rehabilitation reasonably relates to the mining project interest.
Note:
The trustee or bondholder is required to give the miner the information it needs to determine the extent, if any, to which the amount is mining expenditure for the miner: see Division 121 in Schedule 1 to the Taxation Administration Act 1953 .
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