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INCOME TAX ASSESSMENT ACT 1997 - SECT 376.10

Film production company entitled to refundable tax offset for Australian expenditure in making a film (location offset)

             (1)  A company is entitled to a * tax offset under this section (the location offset ) for an income year in respect of a * film if:

                     (b)  the company's * qualifying Australian production expenditure on the film ceased being incurred in the income year; and

                     (c)  the Arts Minister has issued a certificate to the company for the film under section 376-20 (certificate for the location offset); and

                     (d)  the company claims the offset in its * income tax return for the income year; and

                     (e)  the company:

                              (i)  is an Australian resident; or

                             (ii)  is a foreign resident but does have a * permanent establishment in Australia and does have an * ABN;

                            when the company lodges the income tax return and when the tax offset is due to be credited to the company.

The claim referred to in paragraph (d) is irrevocable.

Note:          The location offset is a refundable tax offset: see section 67-23.

             (2)  The company is not entitled to the location offset if:

                     (a)  the company or someone else claims a deduction in relation to a unit of industrial property that relates to copyright in the * film under former Division 10B of Part III of the Income Tax Assessment Act 1936 ; or

                     (b)  a final certificate for the film has been issued at any time under former Division 10BA of Part III of the Income Tax Assessment Act 1936 (whether or not the certificate is still in force); or

                     (c)  a certificate for the film has been issued at any time under section 376- 45 (certificate for the PDV offset) (whether or not the certificate is still in force); or

                     (d)  a certificate for the film has been issued at any time under section376-65 (certificate for the producer offset) (whether or not the certificate is still in force).



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