Document ID: chunk:federal_register_of_legislation:C2011C00519:clause:10_1:p6
Version: federal_register_of_legislation:C2011C00519
Segment Type: clause
Provision Reference: sch 10 cl 1 (pt 6/13)
Character Range: 190640–193429

whom this section applies.

 (2) If the company nominates an individual under subsection (1), disregard the following for the purposes of this Division, to the extent that it relates to the location offset:
 (a) the remuneration and other benefits provided to the individual for the individual's services in relation to the *making of the *film;
 (b) travel and other costs associated with the services the individual provides in relation to the making of the film.

Note: This means that, for the purposes of the location offset, the individual's remuneration and benefits, and associated costs, are disregarded both in working out the total of the company's qualifying Australian production expenditure on the film and in working out the company's total production expenditure on the film.

376‑30  Minister to determine a company's qualifying Australian production expenditure for the location offset

 (1) If a company applies to the *Arts Minister for the issue of a certificate to the company for a *film under section 376‑20 (certificate for the location 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 on the film for the purposes of the location 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 post, digital and visual effects production for a film (PDV offset)

376‑35  Film production company entitled to refundable tax offset for post, digital and visual effects production for a film (PDV offset)

 (1) A company is entitled to a *tax offset under this section (the PDV offset) for an income year in respect of a *film if:
 (a) the company's *qualifying Australian production expenditure on the film, to the extent that it relates to *post, digital and visual effects production for the film, ceased being incurred in the income year; and
 (b) the *Arts Minister has issued a certificate to the company for the post, digital and visual effects production for the film under section 376‑45 (certificate for the PDV offset); 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 PDV offset is