Income Tax Assessment (1997 Act) Amendment (Critical Minerals) Regulations 2025 (F2025L01509)
Schedule 1 Amendments
Income Tax Assessment (1997 Act) Regulations 2021
1 At the end of Part 3-45
Add:
Division 419 - Critical minerals
Subdivision 419-A - Tax offset for expenditure for producing critical minerals in Australia
419-20.01 CMPTI processing activity - high purity alumina
Kind of processing activity
(1) For the purposes of subparagraph 419-20(1)(b)(ii) of the Act, a processing activity is prescribed if it is of a kind that:
(a) substantially transforms a feedstock containing aluminium through extractive metallurgical processing; or
(b) is not beneficiation (including grinding, crushing, floating and other mechanical processing); and
(c) is not manufacturing.
Outcome of processing activity
(2) For the purposes of subparagraph 419-20(1)(b)(iii) of the Act, a kind of outcome for this kind of processing activity is where high purity alumina with a purity of at least 99.99% is produced.
Note: For the processing activity to be a CMPTI processing activity, a substantial purpose for carrying on the processing activity must be to achieve the outcome mentioned in this subsection (see paragraph 419-20(1)(b) of the Act).
419-20.02 CMPTI processing activity - graphite
Kind of processing activity
(1) For the purposes of subparagraph 419-20(1)(b)(ii) of the Act, a processing activity is prescribed if it is of a kind that:
(a) substantially transforms a feedstock containing graphite by using chemical or thermal purification; or
(b) involves:
(i) the high-velocity collision of particles that are agitated using compressed air or gas; and
(ii) a feedstock containing particles of graphite; or
(c) shapes the particles of graphite in a feedstock;
and it is neither beneficiation (including grinding, crushing, floating and other mechanical processing) nor manufacturing.
Outcome of processing activity
(2) For the purposes of subparagraph 419-20(1)(b)(iii) of the Act, the following kinds of outcome are prescribed:
(a) for the kind of processing activity mentioned in paragraph (1)(a) of this section - the total graphitic carbon content of the feedstock is increased;
(b) for the kind of processing activity mentioned in paragraph (1)(b) of this section - the particles of graphite have a substantially reduced size;
(c) for the kind of processing activity mentioned in paragraph (1)(c) of this section - the particles of graphite have a substantially more spherical shape.
Note: For the processing activity to be a CMPTI processing activity, a substantial purpose for carrying on the processing activity must be to achieve the relevant outcome mentioned in this subsection (see paragraph 419-20(1)(b) of the Act).
419-20.03 CMPTI processing activity - precursor cathode active material
Kind of processing activity
(1) For the purposes of subparagraph 419-20(1)(b)(ii) of the Act, a processing activity is prescribed if it is of a kind that:
(a) substantially transforms a feedstock containing one or more critical minerals into an output that is chemically distinct from the feedstock; and
(b) is not beneficiation (including grinding, crushing, floating and other mechanical processing); and
(c) is not manufacturing.
Outcome of processing activity
(2) For the purposes of subparagraph 419-20(1)(b)(iii) of the Act, a kind of outcome for this kind of processing activity is where:
(a) precursor cathode active material is produced; and
(b) the material contains one or more critical minerals; and
(c) the material is suitable for use in the manufacturing of cathode active material for lithium-ion batteries.
Note: For the processing activity to be a CMPTI processing activity, a substantial purpose for carrying on the processing activity must be to achieve the outcome mentioned in this subsection (see paragraph 419-20(1)(b) of the Act).
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