MINERALS RESOURCE RENT TAX ACT 2012 [ REPEALED]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-D - Miscellaneous  

SECTION 165-55   USE ETC. OF STARTING BASE ASSETS FOR OTHER MINING PROJECT INTERESTS ETC.   Mining expenditure for use etc. leading to a reduction under subsection 80-40(3)

165-55(1)  
If:


(a) a * starting base loss , for an * MRRT year for a mining project interest that a miner has, is reduced under subsection 80-40(3) in relation to a * starting base asset ; and


(b) the reason, or part of the reason, for the reduction is that the starting base asset was:


(i) used; or

(ii) * installed ready for use ; or

(iii) being constructed for use;
in carrying on * upstream mining operations relating to another mining project interest that the miner has, or in carrying on * pre-mining project operations of a * pre-mining project interest that the miner * holds ;

an amount is included in the miner ' s * mining expenditure for the other mining project interest, or * pre-mining expenditure for the pre-mining project interest, for the MRRT year.

165-55(2)  
The amount is the amount of that reduction, to the extent that:


(a) the reduction happens for that reason; and


(b) the amount of the reduction would have been included:


(i) in the miner ' s * mining expenditure for the other mining project interest, for the * MRRT year , if it had been incurred by the miner to acquire the * starting base asset in relation to the other mining project interest; or

(ii) in the miner ' s * pre-mining expenditure for the * pre-mining project interest , for the MRRT year, if it had been incurred by the miner to acquire the starting base asset in relation to the pre-mining project interest.
Mining expenditure for use etc. after a starting base adjustment event

165-55(3)  
If:


(a) at a particular time (the adjustment time ) during an * MRRT year , a * starting base adjustment event happened for a * starting base asset relating to a mining project interest that a miner has; and


(b) the starting base adjustment event happened other than because the miner ceased to * hold the * starting base asset ; and


(c) after the adjustment time (whether during that MRRT year or a later MRRT year) the starting base asset was:


(i) used; or

(ii) * installed ready for use ; or

(iii) being constructed for use;
in carrying on * upstream mining operations relating to another mining project interest that the miner has, or in carrying on * pre-mining project operations of a * pre-mining project interest that the miner holds;

an amount is included in the miner ' s * mining expenditure for the other mining project interest, or * pre-mining expenditure for the pre-mining project interest, for the first MRRT year to which paragraph (c) applies.

165-55(4)  
The amount is the * termination value of the * starting base asset , to the extent that:


(a) the starting base asset was, during the first * MRRT year to which paragraph (3)(c) applies:


(i) used; or

(ii) * installed ready for use ; or

(iii) being constructed for use;
in carrying on * upstream mining operations relating to the other mining project interest, or in carrying on * pre-mining project operations of the * pre-mining project interest ; and


(b) the amount of the termination value would have been included:


(i) in the miner ' s * mining expenditure for the other mining project interest, for that MRRT year, if it had been incurred by the miner to acquire the starting base asset in relation to the other mining project interest; or

(ii) in the miner ' s * pre-mining expenditure for the pre-mining project interest, for that MRRT year, if it had been incurred by the miner to acquire the starting base asset in relation to the pre-mining project interest.
Exceptions

165-55(5)  
Despite subsections (1) and (3) , this section does not apply:


(a) in relation to the other mining project interest if the * starting base asset is also a starting base asset in relation to the other mining project interest; or


(b) in relation to the * pre-mining project interest if the starting base asset would also be a starting base asset in relation to another mining project interest that could * originate from the pre-mining project interest.




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