Document ID: chunk:federal_register_of_legislation:C2011C00519:clause:10_1:p3
Version: federal_register_of_legislation:C2011C00519
Segment Type: clause
Provision Reference: sch 10 cl 1 (pt 3/13)
Character Range: 183279–185941

a *film if:
 (a) if the total of the company's *qualifying Australian production expenditure on the film (as determined by the *Arts Minister under section 376‑30) is less than $50 million—the company's *production expenditure on the film ceased being incurred in the income year; and
 (b) if the total of the company's qualifying Australian production expenditure on the film (as determined by the *Arts Minister under section 376‑30) is at least $50 million—the company's qualifying Australian production expenditure on the film ceased being incurred in the income year; and
 (c) the *Arts Minister has issued a certificate to the company for the film under section 376‑20 (certificate for the location offset); and
 (d) the company claims the offset in its *income tax return for the income year; and
 (e) 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 (d) is irrevocable.

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

 (2) The company is not entitled to the location 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 376‑45 (certificate for the PDV offset) (whether or not the certificate is still in force); or
 (d) a certificate for the film has been issued at any time under section376‑65 (certificate for the producer offset) (whether or not the certificate is still in force).

376‑15  Amount of the location offset

  The amount of the location offset is 15% of the total of the company's *qualifying Australian production expenditure on the *film (as determined by the *Arts Minister under section 376‑30).

376‑20  Minister must issue certificate for a film for the location offset

 (1) The *Arts Minister must issue a certificate to a company for a *film in relation to the location 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