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 378-10   Company entitled to refundable tax offset for Australian expenditure incurred in developing digital games  

378-10(1)    
A company is entitled to a *tax offset under this section (the digital games tax offset ) for an income year if:

(a)    the *Arts Minister has issued one or more certificates to the company for the income year under section 378-25 (certificate for the digital games tax offset); and

(b)    the company claims the offset in its *income tax return for the income year; and

(c)    the company:

(i) is an Australian resident that has an *ABN; or

(ii) is a foreign resident that has a *permanent establishment in Australia and an ABN;

when the company lodges the income tax return and when the tax offset is due to be credited to the company.

Note:

The digital games tax offset is a refundable tax offset: see section 67-23 .

378-10(2)    
The claim referred to in paragraph (1)(b) may be varied to take account of a variation under subsection 378-15(5) of a notice given under subsection 378-15(3) by the company in relation to the income year. Otherwise, the claim is irrevocable.