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INCOME TAX ASSESSMENT ACT 1997 - SECT 376.165

Qualifying Australian production expenditure--special rules for the location offset and the PDV offset

  (1)   For the purposes of the location offset and the PDV offset, the following expenditure of a company is also qualifying Australian production expenditure of the company on a * film:

 

Special Australian expenditure--location offset and PDV offset

Item

Type of expenditure

1

Australian business overheads

general business overheads of the company that:

(a) are not incurred in, or in relation to, the * making of the * film; and

(b) are not reasonably attributable to:

(i) the use of equipment or other facilities for; or

(ii) activities undertaken in;

  the making of the film;

to the extent to which they:

(c) are incurred for, or are reasonably attributable to:

(i) goods and services provided in Australia; or

(ii) the use of land located in Australia; or

(iii) the use of goods that are located in Australia at the time they are used in the making of the film; and

(d) represent a reasonable apportionment of those overheads between the making of the film and the other activities undertaken by the company

This item has effect subject to subsection   (2).

2

Travel to Australia

expenditure of the company in relation to an individual's travel to Australia to undertake activities in Australia in relation to the * making of the * film, if the remuneration paid to the individual for those activities is * qualifying Australian production expenditure of the company

3

Expenditure incurred in freighting goods to Australia

expenditure incurred in freighting goods to Australia, to the extent that the goods will be used in the * making of the * film

  (2)   General business overheads of the company are covered by item   1 of the table in subsection   (1) only to the extent to which they do not exceed the lesser of:

  (a)   2% of the total of all the company's * production expenditure on the * film; and

  (b)   $500,000.



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