MINERALS RESOURCE RENT TAX ACT 2012 (REPEALED)

CHAPTER 4 - SPECIALIST LIABILITY RULES  

PART 4-1 - MINING PROJECT INTERESTS  

Division 125 - Splitting mining project interests  

Operative provisions  

SECTION 125-30   EVENTS HAPPENING AFTER MINING PROJECT SPLIT  

125-30(1)    
A thing that happens at a time in relation to an * entity (the first entity ) is taken instead to happen in relation to another entity, and to have the effect mentioned in paragraph (c) in relation to a mining project interest the other entity has, if:


(a) the other entity has the interest at the time as a result of a * mining project split ; and


(b) the first entity had the interest at an earlier time; and


(c) if the first entity still had the interest, the thing would affect the first entity ' s * MRRT liability , * allowance components l or * rehabilitation tax offsets for the interest.

125-30(2)    
However, the extent to which the thing affects the other entity ' s * MRRT liability , * allowance components or * rehabilitation tax offsets is reduced to reflect:


(a) if only one * mining project split happened in the period from when the first entity last had the interest until the time the thing happens - the * split percentage relating to that split; or


(b) if 2 or more mining project splits or * pre-mining project splits happened in the period - a percentage worked out by multiplying the split percentages for each of those splits.

Note 1:

The first entity is required to advise the other entity about the thing that happens: see Division 121 in Schedule 1 to the Taxation Administration Act 1953 .

Note 2:

A mining project transfer or pre-mining project transfer may also have happened in the period, but will not affect the extent worked out under subsection (2) .

Example:

After a mining project split happens, the original miner makes an initial supply of taxable resources that would have given rise to an amount of mining revenue for the miner if it still had the interest. Instead, each new miner is taken to have made the initial supply, and includes its split percentage of the amount in mining revenue for the interest.



 

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