INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 376 - Films generally (tax offsets for Australian production expenditure)  

Subdivision 376-C - Production expenditure and qualifying Australian production expenditure  

Qualifying Australian production expenditure - common rules

SECTION 376-155   376-155   Qualifying Australian production expenditure - specific exclusions  


Despite sections 376-145 , 376-150 , 376-165 and 376-170 , the following expenditure of a company is not qualifying Australian production expenditure of a company on a * film:


(a) expenditure that is incurred when:


(i) the company is a foreign resident; and

(ii) the company does not have both a * permanent establishment in Australia and an * ABN;


(b) expenditure in relation to:


(i) remuneration and other benefits provided to an individual for the individual ' s services in relation to the * making of the film; or

(ii) travel and other costs associated with the services an individual provides in relation to the making of the film;
if the individual:

(iii) is not a member of the cast; and

(iv) enters Australia to work on the film for less than 2 consecutive calendar weeks;


(c) expenditure prescribed by the regulations.


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