Document ID: chunk:federal_register_of_legislation:C2023A00029:clause:1_2:p3
Version: federal_register_of_legislation:C2023A00029
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 3/17)
Character Range: 9833–12497

income year for each company. Since the sum of these amounts exceeds $20,000,000, the companies must coordinate with one another to ensure that the amount collectively claimed stays under the $20,000,000 cap. Bilby Co and Wombat Co agree that for the income year, they will each give the Commissioner a notice specifying $10,000,000 in notices. If they both do so, each will receive an offset of $10,000,000 for the income year.
 (4) A notice given under subsection (3) by a company in relation to an income year must be given at the same time as the company claims the digital games *tax offset in its *income tax return for the income year.
 (5) A company may vary the amount specified in a notice given under subsection (3) in relation to an income year if:
 (a) in specifying the amount in the notice:
 (i) the company made an inadvertent error in determining whether another company is a related company; and
 (ii) as a result the company did not take account of the amount of the digital games tax offset for the other company for the income year; and
 (b) the company gives the Commissioner a notice in the *approved form specifying the varied amount.
Otherwise, the notice is irrevocable.

378‑20  Meaning of digital game
 (1) A digital game is a game in electronic form that is capable of generating a display on:
 (a) a portable electronic device; or
 (b) a computer monitor, television screen, liquid crystal display or similar medium;
that allows for the playing of an interactive game.
 (2) A component of a *digital game is taken to be a digital game if:
 (a) a company that:
 (i) is a foreign resident that does not have a *permanent establishment in Australia; and
 (ii) owns or controls the rights to develop the digital game;
  engages another company (the Australian developer) to develop the component of the digital game; and
 (b) the Australian developer:
 (i) is an Australian resident that has an *ABN, or is a foreign resident that has a *permanent establishment in Australia and an ABN; and
 (ii) is primarily responsible for undertaking activities necessary for the development of the digital game in Australia.

378‑25  Arts Minister must issue certificate for the digital games tax offset

Completion certificate
 (1) The *Arts Minister must issue a certificate (a completion certificate) to a company for an income year in relation to a *digital game if:
 (a) the game is *completed in the income year; and
 (b) the company has made an application for a completion certificate in relation to the game; and
 (c) the total of the company's *qualifying Australian development expenditure on the game incurred in completing the game is at