MINERALS RESOURCE RENT TAX ACT 2012 [ REPEALED]

CHAPTER 4 - SPECIALIST LIABILITY RULES  

PART 4-3 - ADJUSTING MRRT LIABILITIES  

Division 165 - Starting base adjustments  

Subdivision 165-A - Starting base adjustment events and starting base adjustment amounts  

SECTION 165-15   REDUCTIONS IN DECLINES IN VALUE OF STARTING BASE ASSETS  

165-15(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.
  • 165-15(2)  
    The reduction is:


    Sum of reductions × * Starting base adjustment amount
    Total decline

    where:

    sum of reductions
    is the sum of:


    (a) any reductions to a * starting base loss relating to the * starting base asset, for that * MRRT year or an earlier MRRT year, under subsection 80-40(3) or (4) ; and


    (b) any reductions to a starting base loss relating to the asset, for that MRRT year or an earlier MRRT year, under paragraph 115-15(2)(b) ; and


    (c) any starting base losses, for that MRRT year or an earlier MRRT year, that paragraph 115-15(2)(a) , 130-15(a) or (b) or 200-5(b) extinguished, or paragraph 200-5(c) prevented from arising, to the extent that they related (or would have related) to the asset.

    total decline
    is the sum of the declines in value of the asset that have happened during that * MRRT year or any earlier MRRT year.




    This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.