MINERALS RESOURCE RENT TAX ACT 2012 [ REPEALED]

CHAPTER 2 - GENERAL LIABILITY RULES  

PART 2-3 - MINING PROFITS  

Division 30 - Mining revenue  

Subdivision 30-C - Other revenue  

SECTION 30-40   RECOUPMENT OR OFFSETTING OF MINING EXPENDITURE  

30-40(1)  
An amount is included in a miner ' s * mining revenue for a mining project interest for an * MRRT year to the extent that:


(a) during the year, the amount is received, or becomes receivable, by any of the following * entities :


(i) the miner;

(ii) an entity * connected with the miner;

(iii) an * affiliate of the miner;

(iv) an entity of which the miner is an affiliate;

(v) an affiliate of an entity covered by subparagraph (ii);

(vi) an entity connected with an entity covered by subparagraph (ii), (iii) or (iv); and


(b) payment of the amount has, or would have, the purpose or effect of * recouping or offsetting some or all of an amount of expenditure (including future expenditure); and


(c) the amount does not give rise to an adjustment under Division 160 (adjustments for changes in circumstances).

Example:

In the 2012-13 MRRT year, a miner receives a subsidy for employing apprentices. In the 2013-14 MRRT year, the miner incurs mining expenditure for the relevant mining project interest in the form of wages paid to the apprentices.

To the extent that the subsidy offsets those wages, it is included in the miner ' s mining revenue for the mining project interest for the 2012-13 MRRT year.

30-40(2)  
However, that amount is reduced (if necessary) to reflect the proportion of the amount of expenditure mentioned in paragraph (1)(b) that is, or will be, included in * mining expenditure for the mining project interest.

Note:

The amount of that mining expenditure is adjusted if an adjustment arises under Division 160 in relation to that mining expenditure: see subsection 160-15(5) .




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