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-A - Tax offset for Australian expenditure in developing digital games  

SECTION 378-30   Arts Minister to determine a company ' s qualifying Australian development expenditure for the digital games tax offset  

378-30(1)    
The *Arts Minister must, as soon as practicable after deciding to issue a certificate under section 378-25 to a company, determine for the purposes of the digital games tax offset:

(a)    if the certificate is to be issued under subsection 378-25(1) (completion certificate) to the company for an income year in relation to a *digital game - the total of the company ' s *qualifying Australian development expenditure on the game incurred in *completing the game, whether incurred in that income year or in an earlier income year; or

(b)    if the certificate is to be issued under subsection 378-25(3) (porting certificate) to the company for an income year in relation to a digital game - the total of the company ' s qualifying Australian development expenditure on the game incurred in *porting the game, whether incurred in that income year or in an earlier income year; or

(c)    if the certificate is to be issued under subsection 378-25(5) (ongoing development certificate) to the company for an income year in relation to one or more digital games - the total of the company ' s qualifying Australian development expenditure on the games incurred in the income year on the *ongoing development of the games in the income year.

378-30(2)    
The determination must be in writing, but is not a legislative instrument.

378-30(3)    
In making the determination, the *Arts Minister must have regard to the matters in Subdivision 378-B .

378-30(4)    
The *Arts Minister must give the company written notice of the determination (including reasons for the determination).