Tax and Superannuation Laws Amendment (2013 Measures No. 1) Act 2013 (88 of 2013)

Schedule 7   Miscellaneous amendments

Part 1   Resource rent taxation

Minerals Resource Rent Tax Act 2012

50   Subsection 165-15(1)

Repeal the subsection, substitute:

(1) If there is a *starting base adjustment amount, for a *starting base asset for an *MRRT year, and:

(a) an amount of a *starting base loss for that MRRT year or any earlier MRRT year has been reduced because of a reduction under subsection 80-40(3) or (4) relating to the asset; or

(b) there have been reductions to a starting base loss relating to the asset, for that MRRT year or an earlier MRRT year, because of paragraph 115-15(2)(b); or

(c) there has been no starting base loss for that MRRT year, or no starting base loss for an earlier MRRT year, for the mining project interest to which the asset relates, because of paragraph 115-15(2)(a), 130-15(a) or (b) or 200-5(b) or (c);

reduce the starting base adjustment amount in accordance with subsection (2).

Note 1: Reductions happen under subsection 80-40(3) or (4) if the asset is used, installed for use, or constructed for use:

(a) for a purpose other than carrying on upstream mining operations relating to the mining project interest; or

(b) in connection with excluded expenditure.

Note 2: Starting base losses are reduced under paragraph 115-15(2)(b) if a miner chooses to treat a mining project interest as having combined with another despite non-compliance with section 115-35.

Note 3: Starting base losses are extinguished, or prevented from arising, if:

(a) under paragraph 115-15(2)(a), a miner chooses to treat a mining project interest as having combined with another despite non-compliance with section 115-35; or

(b) under paragraph 130-15(a) or (b), the suspension day for the mining project interest happens; or

(c) under paragraph 200-5(b) or (c), a miner chooses to use the simplified MRRT method.