Document ID: chunk:federal_register_of_legislation:C2025C00014:section:177f:p6
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 177F (pt 6/7)
Character Range: 1654450–1656973

account of the relevant taxpayer in relation to the exploration credit; and
 (ii) it is fair and reasonable that the amount, or a part of the amount, should arise, in the franking account of the relevant taxpayer in relation to the exploration credit;
  determine that that amount or that part, as the case may be, should have arisen, or arises, as the case may be, in the franking account of the relevant taxpayer in relation to the exploration credit or
 (g) if, in the opinion of the Commissioner:
 (i) an amount would have been allowed, or would be allowable, to the relevant taxpayer as a refundable R&D tax offset, or a non‑refundable R&D tax offset, in relation to a year of income if the scheme had not been entered into or carried out, being an amount that was not allowed or would not, apart from this subsection, be allowable, as the case may be, as a refundable R&D tax offset, or a non‑refundable R&D tax offset, as the case may be, to the relevant taxpayer in relation to that year of income; and
 (ii) it is fair and reasonable that the amount, or a part of the amount, should be allowable as a refundable R&D tax offset, or a non‑refundable R&D tax offset, as the case may be, to the relevant taxpayer;
  determine that that amount or that part, as the case may be, should have been allowed or is allowable, as the case may be, as a refundable R&D tax offset, or a non‑refundable R&D tax offset, as the case may be, to the relevant taxpayer in relation to that year of income;
and the Commissioner shall take such action as he or she considers necessary to give effect to any such determination.
 (4) Where the Commissioner makes a determination under subsection (3) by virtue of which an amount is allowed as a deduction to a taxpayer in relation to a year of income, that amount shall be deemed to be so allowed as a deduction by virtue of such provision of this Act as the Commissioner determines.
 (5) Where, at any time, a taxpayer considers that the Commissioner ought to make a determination under subsection (3) in relation to the taxpayer in relation to a year of income, the taxpayer may post to or lodge with the Commissioner a request in writing for the making by the Commissioner of a determination under that subsection.
 (5A) Subsection (5B) applies if the taxpayer considers that the Commissioner ought to make the determination under subsection (3) because the Commissioner has made a DPT assessment in respect of a taxpayer in relation to a scheme to which this Part applies.
 (5B) Despite