MINERALS RESOURCE RENT TAX ACT 2012 [ REPEALED]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 165-10   STARTING BASE ADJUSTMENT AMOUNTS   Termination value exceeding adjustable value

165-10(1)  
If:


(a) during an * MRRT year , a * starting base adjustment event happens for a * starting base asset relating to a mining project interest; and


(b) the * termination value of the asset exceeds its * adjustable value just before the event happened;

there is a starting base adjustment amount , for the asset for the MRRT year, equal to the difference between the termination value and the adjustable value.

Note:

A starting base adjustment amount under this subsection can be reduced under section 165-15 .

Termination value less than adjustable value

165-10(2)  
If:


(a) during an * MRRT year , a * starting base adjustment event happens for a * starting base asset relating to a mining project interest; and


(b) the * termination value of the asset is less than its * adjustable value just before the event happened;

there is a starting base adjustment amount , for the asset for the MRRT year, equal to the difference between the adjustable value and the termination value.

Note:

A starting base adjustment amount under this subsection can be reduced under section 165-15 .

Termination value

165-10(3)  
The termination value of a * starting base asset for which a * starting base adjustment event has happened is:


(a) if the miner to whose mining project interest the asset relates has received, because of the event, an amount for the asset under a transaction entered into at * arm ' s length - that amount; or


(b) otherwise - the * market value of the asset at the time the starting base adjustment event happened.

165-10(4)  
However, the termination value of the asset is the sum of the following, if that sum is greater than its termination value under subsection (3) :


(a) any * mining expenditure the miner incurs because of the * starting base adjustment event ;


(b) any amounts by which such expenditure would have been greater but for one or more amounts that are received, or become receivable, by the miner.

165-10(5)  
If all or part of a liability of the miner to pay an amount relating to the asset is terminated, the amount of the liability or part when it is terminated is taken, for the purposes of this section, to be received or to become receivable by the miner in relation to the asset.

165-10(6)  
If a miner receives an amount for 2 or more things that include a * starting base adjustment event happening for a * starting base asset , take into account as its * termination value only that part of what the miner received that is reasonably attributable to the asset. Adjustable value

165-10(7)  
The adjustable value of a * starting base asset for which a * starting base adjustment event has happened is the difference between:


(a) the * base value of the asset for the * MRRT year in which the event happened; and


(b) an amount equal to what would be the decline in value of the asset, worked out under section 90-5 , during the period starting at the start of that year and ending on the day on which the event happened, if that period were an MRRT year.




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