MINERALS RESOURCE RENT TAX ACT 2012 [ REPEALED]

CHAPTER 4 - SPECIALIST LIABILITY RULES  

PART 4-7 - ENTITIES  

Division 215 - Consolidated groups  

Operative provisions  

SECTION 215-10   CHOICE TO CONSOLIDATE FOR MRRT PURPOSES  

215-10(1)  
A * head company of a * consolidated group or a * MEC group or a * provisional head company of a MEC group may, in writing, choose to apply this Division in relation to the group.

Note:

Division 119 in Schedule 1 to the Taxation Administration Act 1953 is about choices under the MRRT law.

215-10(2)  
However, subsection (1) does not apply if a notice has not been given to the Commissioner under section 703-58 , 719-76 or 719-78 of the Income Tax Assessment Act 1997 in relation to the group.

215-10(3)  
The * head company or the * provisional head company must give the Commissioner notice of the choice in the * approved form :


(a) within 21 days after making the choice; or


(b) within such further period as the Commissioner allows.

215-10(4)  
The choice:


(a) has effect on and after the day the choice is made; and


(b) does not have effect after the * consolidated group or * MEC group ceases to exist.

Note:

Mining project interests the head company has just before a consolidated group or MEC group ceases to exist would be transferred or split (as the case requires) to the relevant entity at the time the group ceases to exist: see section 215-25 and 215-30 .




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