Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 419 - Critical minerals (tax offset for Australian production expenditure)  

Subdivision 419-D - Integrity rules  

SECTION 419-95  

419-95   Expenditure incurred while not at arm ' s length  

If:

(a)    a company incurs * CMPTI expenditure to another entity in carrying on all or part of a * registered CMPTI processing activity; and

(b)    either:

(i) when the company incurs the expenditure, the company and the other entity do not deal with each other at * arm ' s length; or

(ii) the other entity is the company ' s * associate; and

(c)    the expenditure exceeds the * market value of the relevant activity or part (as appropriate);

for the purposes of this Division (other than this section), the company is treated as if the amount of expenditure it incurred in carrying on the relevant activity or part (as appropriate) were equal to that market value.