Document ID: chunk:federal_register_of_legislation:C2025C00014:section:177f:p2
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 177F (pt 2/7)
Character Range: 1645410–1647899

case may be, is not to be allowable to the taxpayer; or
 (e) in the case of a tax benefit that is referable to an exploration credit, or a part of an exploration credit, being issued to the taxpayer—determine that:
 (i) the whole or a part of a junior minerals exploration incentive tax offset that would otherwise be allowable to the taxpayer in relation to the exploration credit, or the part of the exploration credit, as the case may be, is not to be allowable to the taxpayer; or
 (ii) the whole or a part of a franking credit that would otherwise arise in the franking account of the taxpayer in relation to the exploration credit, or the part of the exploration credit, as the case may be, is not to arise in the franking account of the taxpayer; or
 (f) in the case of a tax benefit that is referable to:
 (i) a refundable R&D tax offset; or
 (ii) a non‑refundable R&D tax offset; or
 (iii) a part of a refundable R&D tax offset; or
 (iv) a part of a non‑refundable R&D tax offset;
  being allowable to the taxpayer in relation to a year of income—determine that the whole or a part of the offset, or the part of the offset, as the case may be, is not to be allowable to the taxpayer in relation to that year of income;
and, where the Commissioner makes such a determination, he or she shall take such action as he or she considers necessary to give effect to that determination.
 (2) Where the Commissioner determines under paragraph (1)(a) that an amount is to be included in the assessable income of a taxpayer of a year of income, that amount shall be deemed to be included in that assessable income by virtue of such provision of this Act as the Commissioner determines.
 (2A) Where a tax benefit that is covered by paragraph 177C(1)(bc) has been obtained, or would but for this section be obtained, by a taxpayer in connection with a scheme to which this Part applies:
 (a) the Commissioner may determine that the taxpayer is subject to withholding tax under section 128B on the whole or a part of that amount; and
 (b) if the Commissioner makes such a determination, he or she must take such action as he or she considers necessary to give effect to that determination.
 (2B) A determination under paragraph (1)(c) or subsection (2A) must be in writing.
 (2C) Notice of the determination must be given to the taxpayer and, in the case of a determination under subsection (2A), to the person who paid the amount.
 (2E) A failure to comply with subsection (2C) does not affect