MINERALS RESOURCE RENT TAX ACT 2012 (REPEALED)

CHAPTER 4 - SPECIALIST LIABILITY RULES  

PART 4-8 - MISCELLANEOUS  

Division 225 - Rehabilitation tax offsets  

Operative provisions  

SECTION 225-10   ENTITLEMENT TO REHABILITATION TAX OFFSETS  

225-10(1)    
An * entity has a rehabilitation tax offset for an * MRRT year if the entity has a * rehabilitation tax offset amount , for the MRRT year, in relation to:


(a) any mining project interest that the entity has at the end of the MRRT year; or


(b) any * pre-mining project interest that the entity * holds at the end of the MRRT year.

225-10(2)    
However, subsection (1) does not apply if the * entity is not, and has never been, liable to pay MRRT, for the * MRRT year or any earlier MRRT year.

225-10(3)    
The amount of the rehabilitation tax offset for the * MRRT year is the lesser of:


(a) the sum of all the rehabilitation tax offset amounts that the * entity has for the year; and


(b) the sum of:


(i) all the amounts of MRRT that the entity is or has been liable to pay for all earlier MRRT years, less all the amounts that became payable to the miner under paragraph 225-25(2)(b) for all earlier MRRT years; and

(ii) all the entity ' s * MRRT liabilities for the MRRT year, less any offset that the entity has under section 45-5 or 45-10 (low profit offsets) for the MRRT year.

225-10(4)    
For the purposes of subsection (2) or paragraph (3)(b), disregard an * entity ' s liability to pay MRRT if one or more of the following applies:


(a) the liability arose, under Division 721 of the Income Tax Assessment Act 1997 , in the entity ' s capacity as a * subsidiary member of a * consolidated group or a * MEC group ;


(b) the liability arose, under section 444-5 in Schedule 1 to the Taxation Administration Act 1953 , in the entity ' s capacity as a member of the committee of management of an unincorporated association or body;


(c) the liability arose, under section 444-30 in Schedule 1 to the Taxation Administration Act 1953 , in the entity ' s capacity as a partner of a * partnership ;


(d) the liability arose, under section 444-120 in Schedule 1 to the Taxation Administration Act 1953 , in the entity ' s capacity as a * trustee of a trust.


 

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.