Document ID: chunk:federal_register_of_legislation:C2011C00519:clause:10_1:p7
Version: federal_register_of_legislation:C2011C00519
Segment Type: clause
Provision Reference: sch 10 cl 1 (pt 7/13)
Character Range: 193217–195852

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

 (2) Post, digital and visual effects production for a *film means:
 (a) the creation of audio or visual elements (other than principal photography, pick ups or the creation of physical elements such as sets, props or costumes) for the film; and
 (b) the manipulation of audio or visual elements (other than pick ups or physical elements such as sets, props or costumes) for the film; and
 (c) activities that are necessarily related to the activities mentioned in paragraph (a) or (b).

Note: 3D animation, digital compositing and music composition and recording are examples of post, digital and visual effects production.

 (3) The company is not entitled to the PDV offset if:
 (a) the company or someone else claims a deduction in relation to a unit of industrial property that relates to copyright in the *film under Division 10B of Part III of the Income Tax Assessment Act 1936; or
 (b) a final certificate for the film has been issued at any time under Division 10BA of Part III of the Income Tax Assessment Act 1936 (whether or not the certificate is still in force); or
 (c) a certificate for the film has been issued at any time under section 376‑20 (certificate for the location offset) (whether or not the certificate is still in force); or
 (d) a certificate for the film has been issued at any time under section 376‑65 (certificate for the producer offset) (whether or not the certificate is still in force).

376‑40  Amount of the PDV offset

  The amount of the PDV offset is 15% of the total of the company's *qualifying Australian production expenditure (as determined by the *Arts Minister under section 376‑50) on a *film, to the extent that it relates to *post, digital and visual effects production for the film.

376‑45  Minister must issue certificate for a film for the PDV offset

 (1) The *Arts Minister must issue a certificate to a company for the *post, digital and visual effects production for a *film in relation to the PDV offset if the Minister is satisfied that the conditions in subsections (2), (3) and (5) are met.

Type of film

 (2) The conditions in this subsection are that:
 (a) the *film was produced for:
 (i) exhibition to the public in cinemas or by way of television broadcasting (including broadcasting by way of the delivery of a television program by a broadcasting service within the meaning of the Broadcasting