Income Tax Assessment Act 1997
View history note
Hide history noteThe *Arts Minister may revoke a certificate issued under section 378-25 if the Arts Minister is satisfied that: (a) the issue of the certificate was based on inaccurate information; or (b) the certificate was obtained by fraud or serious misrepresentation; or (c) if the certificate is issued under subsection 378-25(1) (completion certificate) to a 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 is less than $500,000; or (d) if the certificate is issued under subsection 378-25(3) (porting certificate) to a 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 is less than $500,000; or (e) if the certificate is issued under subsection 378-25(5) (ongoing development certificate) to a 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 is less than $500,000.
378-70(2)
If the *Arts Minister revokes a certificate under subsection (1) , the Arts Minister must, within 30 days after the date of revocation, give written notice of the revocation to: (a) the company to whom the certificate was issued, including reasons for the decision to revoke the certificate; and (b) the Commissioner.
378-70(3)
If a certificate is revoked under subsection (1) , it is taken, for the purposes of this Division, never to have been issued.
Note:
This means that if an assessment of a company ' s income tax is issued on the basis that the company is entitled to the digital games tax offset and a certificate on which the entitlement is based is then revoked, the assessment will be amended to take account of the fact that the company was never entitled to the offset or was entitled to the offset to a lesser amount: see section 378-80 .
378-70(4)
Subsection (3) does not apply for the purposes of: (a) the operation of this section or section 378-85 ; or (b) a review by a court or the *ART of the decision to revoke the certificate.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
