Document ID: chunk:federal_register_of_legislation:C2011C00519:clause:10_1:p9
Version: federal_register_of_legislation:C2011C00519
Segment Type: clause
Provision Reference: sch 10 cl 1 (pt 9/13)
Character Range: 198032–200761

by the *Arts Minister under section 376‑50), to the extent that it relates to *post, digital and visual effects production for the film, is at least $5 million; and
 (b) the company either carried out, or made the arrangements for the carrying out of, all the activities in Australia that were necessary for the post, digital and visual effects production for the film.

Note: The operation of paragraph (b) is affected by paragraph 376‑180(1)(d) (which deals with the situation where one company takes over the making of a film from another company).

376‑50  Minister to determine a company's qualifying Australian production expenditure for the PDV offset

 (1) If a company applies to the *Arts Minister for the issue of a certificate to the company for the *post, digital and visual effects production for a *film under section 376‑45 (certificate for the PDV offset), the Arts Minister must, as soon as practicable after receiving the application, determine in writing the total of the company's *qualifying Australian production expenditure, to the extent that it relates to post, digital and visual effects production for the film, for the purposes of the PDV offset.

 (2) In making a determination under subsection (1), the *Arts Minister must have regard to the matters in Subdivision 376‑C.

 (3) The *Arts Minister must give the company written notice of the determination.

 (4) A determination made under subsection (1) is not a legislative instrument.

Refundable tax offset for Australian expenditure in making an Australian film (producer offset)

376‑55  Film production company entitled to refundable tax offset for Australian expenditure in making an Australian film (producer offset)

 (1) A company is entitled to a *tax offset under this section (the producer offset) for an income year in respect of a *film if:
 (a) the film was *completed in the income year; and
 (b) the *film authority has issued a certificate to the company under section 376‑65 (certificate for the producer offset) for the film; and
 (c) the company claims the offset in its *income tax return for the income year; and
 (d) the company:
 (i) is an Australian resident; or
 (ii) is a foreign resident but does have a *permanent establishment in Australia and does have an *ABN;
  when the company lodges the income tax return and when the tax offset is due to be credited to the company.
The claim referred to in paragraph (c) is irrevocable.

Note: The producer offset is a refundable tax offset: see subsection 67‑25(2A).

 (2) A *film is completed:
 (a) for a film that is not a series or a season of a series—when it is first in a state where it could reasonably be regarded as ready to be distributed, broadcast or exhibited