Document ID: chunk:federal_register_of_legislation:C2004A00962:clause:1_2:p2
Version: federal_register_of_legislation:C2004A00962
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 2/5)
Character Range: 3827–6427

Note: The tax offset is subject to the refundable tax offset rules in Division 67 (see subsection 67‑25(2A)).

 (2) The company is not entitled to the *tax 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 provisional or 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).

376‑10  Amount of the tax offset

  The amount of the *tax offset is 12.5% of the total of the company's *qualifying Australian production expenditure on the *film (worked out using Subdivision 376‑C).

376‑15  Minister may issue certificate for a film

 (1) The *Arts Minister may issue a certificate to a company that a *film satisfies the requirements of this Subdivision if the Minister is satisfied that:
 (a) the company:
 (i) is an Australian resident; or
 (ii) is not an Australian resident but does have a *permanent establishment in Australia and does have an *ABN; and
 (b) the film has been *completed and was completed on or after 4 September 2001; and
 (c) the film was produced for:
 (i) exhibition to the public in cinemas; or
 (ii) exhibition to the public 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 Services Act 1992); or
 (iii) distribution to the public as a video recording (whether on video tapes, digital video disks or otherwise); and
 (d) the film is:
 (i) a *feature film or a film of a like nature; or
 (ii) a mini‑series of television drama; and
 (e) the film is not, or is not to a substantial extent:
 (i) a documentary; or
 (ii) a film for exhibition as an advertising program or a commercial; or
 (iii) a film for exhibition as a discussion program, a quiz program, a panel program, a variety program or a program of a like nature; or
 (iv) a film of a public event; or
 (v) a film forming part of a drama program series that is, or is intended to be, of a continuing nature; or
 (vi) a training film; and
 (f) the total of the company's *qualifying Australian production expenditure on the film (worked out using Subdivision 376‑C) is at least $15 million; and
 (g) if the total of the company's qualifying Australian production expenditure on the film is less than $50 million:
 (i) the total of the company's qualifying Australian production expenditure on