Document ID: chunk:federal_register_of_legislation:C2023A00029:clause:1_2:p2
Version: federal_register_of_legislation:C2023A00029
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 2/17)
Character Range: 7453–10079

tax return and when the tax offset is due to be credited to the company.
Note: The digital games tax offset is a refundable tax offset: see section 67‑23.
 (2) The claim referred to in paragraph (1)(b) may be varied to take account of a variation under subsection 378‑15(5) of a notice given under subsection 378‑15(3) by the company in relation to the income year. Otherwise, the claim is irrevocable.

378‑15  Amount of digital games tax offset
 (1) Subject to subsection (2), the amount of the digital games tax offset for a company for an income year is the lower of:
 (a) 30% of the sum of all the amounts determined by the *Arts Minister under section 378‑30 that are specified in certificates issued to the company for the income year under section 378‑25; and
 (b) $20,000,000.
 (2) If the sum of the amounts of the digital games tax offset for an income year worked out under subsection (1) for:
 (a) the company; and
 (b) each other company (each of which is a related company) that is *connected with or is an *affiliate of the company;
is greater than $20,000,000, the amount of the digital games tax offset for the company is:
 (c) if the requirements of subsections (3) and (4) are satisfied—the amount specified in the notice given by the company under subsection (3); or
 (d) otherwise—nil.
 (3) The requirements of this subsection are:
 (a) the company gives the Commissioner a notice in the *approved form specifying an amount that is not more than 30% of the sum of all the amounts determined by the *Arts Minister under section 378‑25 that are specified in certificates issued to the company for the income year under section 378‑30; and
 (b) one or more of the related companies also give the Commissioner a notice in the approved form specifying an amount that is not more than 30% of the sum of all the amounts determined by the Arts Minister under section 378‑25 that are specified in certificates issued to the related company for the income year under section 378‑30; and
 (c) the sum of all the amounts specified in the notices given by the company and those related companies does not exceed $20,000,000.
Example: Bilby Co is primarily responsible for developing a digital game. Wombat Co, a company connected with Bilby Co, is also primarily responsible for developing a digital game. The amount worked out under subsection (1) is $15,000,000 for the income year for each company. Since the sum of these amounts exceeds $20,000,000, the companies must coordinate with one another to ensure that the amount collectively claimed stays under the $20,000,000 cap. Bilby Co and Wombat Co agree that for