MINERALS RESOURCE RENT TAX ACT 2012 [ REPEALED]
CHAPTER 4
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SPECIALIST LIABILITY RULES
PART 4-1
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MINING PROJECT INTERESTS
Division 130
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Winding down mining project interests
Operative provisions
SECTION 130-10
SUSPENSION DAYS FOR MINING PROJECT INTERESTS
130-10(1)
The suspension day for a mining project interest is the earliest of the following:
(a) the day, occurring after the day on which commercial production of * taxable resources from the * project area for the mining project interest ceased, chosen by the miner who has the mining project interest;
(b) the day occurring 10 years after the day on which commercial production of taxable resources from the project area for the mining project interest most recently took place;
(c) the * termination day for the mining project interest. 130-10(2)
A miner may choose the * suspension day for a mining project interest that the miner has if commercial production of * taxable resources from the * project area for the mining project interest has ceased.
Without limiting the matters that may be taken into account in determining, for the purposes of this section, whether commercial production of * taxable resources from the * project area takes place, the following are to be taken into account:
(a) past and current production of taxable resources from the project area;
(b) past and current expenditure relating to the * upstream mining operations for the mining project interest;
(c) the extent to which mining equipment used in carrying on those upstream mining operations has been decommissioned. 130-10(4)
The choice must be given to the Commissioner.
The suspension day for a mining project interest is the earliest of the following:
(a) the day, occurring after the day on which commercial production of * taxable resources from the * project area for the mining project interest ceased, chosen by the miner who has the mining project interest;
(b) the day occurring 10 years after the day on which commercial production of taxable resources from the project area for the mining project interest most recently took place;
(c) the * termination day for the mining project interest. 130-10(2)
A miner may choose the * suspension day for a mining project interest that the miner has if commercial production of * taxable resources from the * project area for the mining project interest has ceased.
Note:
Division 119 in Schedule 1 to the Taxation Administration Act 1953 is about choices under the MRRT law.
130-10(3)Without limiting the matters that may be taken into account in determining, for the purposes of this section, whether commercial production of * taxable resources from the * project area takes place, the following are to be taken into account:
(a) past and current production of taxable resources from the project area;
(b) past and current expenditure relating to the * upstream mining operations for the mining project interest;
(c) the extent to which mining equipment used in carrying on those upstream mining operations has been decommissioned. 130-10(4)
The choice must be given to the Commissioner.
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