Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A company is entitled to a * tax offset under this section (the digital games tax offset ) for an income year if:
(a) the * Arts Minister has issued one or more certificates to the company for the income year under section 378 - 25 (certificate for the digital games tax offset); and
(b) the company claims the offset in its * income tax return for the income year; and
(c) the company:
(i) is an Australian resident that has an * ABN; or
(ii) is a foreign resident that has a * permanent establishment in Australia and an ABN;
when the company lodges the income tax return and when the tax offset is due to be credited to the company.
Note: The digital games tax offset is a refundable tax offset: see section 67 - 23.
(2) The claim referred to in paragraph (1)(b) may be varied to take account of a variation under subsection 378 - 15(5) of a notice given under subsection 378 - 15(3) by the company in relation to the income year. Otherwise, the claim is irrevocable.