MINERALS RESOURCE RENT TAX ACT 2012 (NO. 13, 2012)
Table of Provisions
CHAPTER 1--Introduction
PART 1-1--PRELIMINARY
Division 1--Preliminary
- 1.1 Short title
- 1.5 Commencement
- 1.10 Object of this Act
- 1.15 Administration of this Act
- 1.20 Extension to external Territories
- 1.25 Extraterritorial application
PART 1-2--A GUIDE TO THIS ACT
Division 2--Overview of this Act
Division 3--Defined terms
- 3.1 When defined terms are identified
- 3.5 When terms are not identified
- 3.10 Identifying the defined term in a definition
Division 4--Status of guides and other non-operative material
CHAPTER 2--General liability rules
PART 2-1--CORE RULES
Division 10--Core rules
- 10.1 A miner's liability for MRRT
- 10.5 The MRRT liability for a mining project interest
- 10.10 MRRT allowances
- 10.15 The effect of low profits on a miner's liability for MRRT
- 10.20 Payment of MRRT
- 10.25 MRRT years
PART 2-2--MINING PROJECT INTERESTS
Division 15--Mining project interests
- 15.1 What this Division is about
- 15.5 When an entity has a mining project interest
- 15.10 Iron ore mining project interests to be kept separate
- 15.15 Meaning of production right
- 15.20 Meaning of project area
Division 20--Taxable resources
PART 2-3--MINING PROFITS
Division 25--Mining profits
- 25.1 What this Division is about
- 25.5 How to work out the mining profit for a mining project interest
Division 30--Mining revenue
- 30.1 What this Division is about Subdivision 30-A--A miner's mining revenue
- 30.5 A miner's mining revenue Subdivision 30-B--Revenue from supply, export or use of taxable resources
- 30.10 When amounts from taxable resources etc. are included in mining revenue
- 30.15 Meaning of mining revenue event
- 30.20 Meaning of initial supply
- 30.25 Working out amounts to be included
- 30.30 Meaning of arm's length consideration
- 30.35 When supplies are made Subdivision 30-C--Other revenue
- 30.40 Recoupment or offsetting of mining expenditure
- 30.45 Recoupment of payments that give rise to royalty credits
- 30.50 Compensation for loss of taxable resources
- 30.55 Amounts that do not relate to a particular mining revenue event Subdivision 30-D--Miscellaneous
- 30.60 No double counting
- 30.65 Expenditure incurred in causing amounts to be received etc.
- 30.70 Amounts taken to be received
- 30.75 GST and increasing adjustments
Division 35--Mining expenditure
- 35.1 What this Division is about Subdivision 35-A--A miner's mining expenditure
- 35.5 A miner's mining expenditure
- 35.10 General expenditure
- 35.15 Meaning of upstream mining operations
- 35.20 Meaning of mining operations
- 35.25 No double counting Subdivision 35-B--Excluded expenditure
- 35.35 Cost of acquiring rights and interests in projects
- 35.40 Royalties
- 35.45 Meanings of mining royalty and private mining royalty
- 35.50 Financing costs
- 35.55 Hire purchase agreements
- 35.60 Non-adjacent land and buildings used in administrative or accounting activities
- 35.65 Hedging or foreign exchange arrangements
- 35.70 Rehabilitation bond and trust payments
- 35.75 Payments of income tax or GST
Division 40--Valuation point
- 40.1 What this Division is about
- 40.5 Meaning of valuation point
PART 2-4--LOW PROFIT OFFSETS
Division 45--Low profit offsets
- 45.1 What this Division is about
- 45.5 Low profit offset--profits not greater than $75 million
- 45.10 Low profit offset--profits greater than $75 million and less than $125 million
PART 2-5--PAYMENT OF MRRT
Division 50--How to work out when to pay MRRT
- 50.1 What this Division is about
- 50.5 When assessed MRRT is payable
- 50.10 When shortfall interest charge is payable
- 50.15 General interest charge payable on unpaid assessed MRRT or shortfall interest charge
CHAPTER 3--MRRT allowances
PART 3-1--ROYALTY ALLOWANCES
Division 60--Royalty allowances
- 60.1 What this Division is about
- 60.5 Objects of this Division
- 60.10 When a miner has a royalty allowance
- 60.15 The amount of a royalty allowance
- 60.20 When a royalty credit arises
- 60.25 Amount of a royalty credit
- 60.30 Royalty credits reduced by recoupments
PART 3-2--TRANSFERRED ROYALTY ALLOWANCES
Division 65--Transferred royalty allowances
- 65.1 What this Division is about
- 65.5 Object of this Division
- 65.10 When a miner has a transferred royalty allowance
- 65.15 The amount of a transferred royalty allowance
- 65.20 Available royalty credits
PART 3-3--PRE-MINING LOSS ALLOWANCES
Division 70--Pre-mining loss allowances
- 70.1 What this Division is about Subdivision 70-A--Object of this Division
- 70.5 Objects of this Division Subdivision 70-B--When a miner has a pre-mining loss allowance
- 70.10 When a miner has a pre-mining loss allowance
- 70.15 The amount of a pre-mining loss allowance
- 70.20 Available pre-mining losses for a pre-mining loss allowance
- 70.25 Meaning of pre-mining project interest etc. Subdivision 70-C--Pre-mining losses
- 70.30 Pre-mining losses
- 70.35 Meaning of pre-mining expenditure etc.
- 70.40 Meaning of pre-mining revenue Subdivision 70-D--Amounts of pre-mining losses
- 70.45 Pre-mining losses for the MRRT years in which they arise
- 70.50 Pre-mining losses for later MRRT years
PART 3-4--MINING LOSS ALLOWANCES
Division 75--Mining loss allowances
- 75.1 What this Division is about
- 75.5 Objects of this Division
- 75.10 When a miner has a mining loss allowance
- 75.15 The amount of a mining loss allowance
- 75.20 Mining losses
PART 3-5--STARTING BASE ALLOWANCES
Division 80--Starting base allowances
- 80.1 What this Division is about Subdivision 80-A--Objects of this Division
- 80.5 Objects of this Division Subdivision 80-B--When a miner has a starting base allowance
- 80.10 When a miner has a starting base allowance
- 80.15 The amount of a starting base allowance
- 80.20 When a miner has a starting base loss Subdivision 80-C--Starting base assets
- 80.25 Meaning of starting base asset
- 80.30 Treating starting base assets as a single starting base asset
- 80.35 Mine development expenditure may be a starting base asset Subdivision 80-D--Amounts of starting base losses
- 80.40 Starting base losses for the MRRT years in which they arise
- 80.45 Starting base losses for later MRRT years
- 80.50 Mining project interests originating from pre-mining project interests with different valuation approaches
Division 85--Valuation approaches
- 85.1 What this Division is about
- 85.5 Choosing a valuation approach
- 85.10 Restriction on specifying the book value approach
- 85.15 The valuation approach for a mining project interest
Division 90--Declines in value of starting base assets
- 90.1 What this Division is about Subdivision 90-A--How to work out the decline in value of a starting base asset
- 90.5 How to work out the decline in value of a starting base asset
- 90.10 Write off rates under the book value approach
- 90.15 Write off rates under the market value approach Subdivision 90-B--Base values under the book value approach
- 90.20 Application of this Subdivision
- 90.25 Initial base value
- 90.30 Later base values Subdivision 90-C--Base values under the market value approach
- 90.35 Application of this Subdivision
- 90.40 Initial base value
- 90.45 Mining project interest originating from pre-mining project interests etc.
- 90.50 Later base values Subdivision 90-D--Miscellaneous
- 90.55 Meaning of interim expenditure
- 90.60 Partial disposal of a starting base asset before the start time
- 90.65 Recoupment of the value of a starting base asset
PART 3-6--TRANSFERRED PRE-MINING LOSS ALLOWANCES
Division 95--Transferred pre-mining loss allowances
- 95.1 What this Division is about
- 95.5 Object of this Division
- 95.10 When a miner has a transferred pre-mining loss allowance
- 95.15 The amount of a transferred pre-mining loss allowance
- 95.20 Available pre-mining losses for a transferred pre-mining loss allowance
- 95.25 Cap on available pre-mining losses
- 95.30 The pre-mining loss cap
PART 3-7--TRANSFERRED MINING LOSS ALLOWANCES
Division 100--Transferred mining loss allowances
- 100.1 What this Division is about
- 100.5 Object of this Division
- 100.10 When a miner has a transferred mining loss allowance
- 100.15 The amount of a transferred mining loss allowance
- 100.20 Available mining losses
- 100.25 Common ownership test
CHAPTER 4--Specialist liability rules
PART 4-1--MINING PROJECT INTERESTS
Division 115--Combining mining project interests
- 115.1 What this Division is about Subdivision 115-A--Object of this Division
- 115.5 Object of this Division Subdivision 115-B--When mining project interests are combined
- 115.10 Mining project interests may be treated as the same mining project interest
- 115.15 Choosing to override non-compliance
- 115.20 Transferability of royalty credits
- 115.25 Transferability of pre-mining losses
- 115.30 Transferability of mining losses
- 115.35 Starting base losses and starting base assets Subdivision 115-C--The effect of combining mining project interests
- 115.40 The effect of combining mining project interests
- 115.45 Allowance components arising in preceding MRRT years
- 115.50 Different valuation approaches for mining project interests
- 115.55 Transferred pre-mining loss allowances
- 115.60 Transferred mining loss allowances
- 115.65 Choice of the alternative valuation method
Division 120--Transferring mining project interests
- 120.1 What this Division is about
- 120.5 Object of this Division
- 120.10 Effect of mining project transfer
- 120.15 Effect of transferred property
- 120.20 Events happening after mining project transfer
- 120.25 Start of mining venture taken to be mining project transfer
Division 125--Splitting mining project interests
- 125.1 What this Division is about
- 125.5 Object of this Division
- 125.10 Effect of mining project split
- 125.15 Meaning of split percentage
- 125.20 Effect of transferred property
- 125.25 Effect of MRRT liability from earlier years on rehabilitation tax offset amounts
- 125.30 Events happening after mining project split
- 125.35 Start of mining venture taken to be mining project split
Division 130--Winding down mining project interests
- 130.1 What this Division is about
- 130.5 Object of this Division
- 130.10 Suspension days for mining project interests
- 130.15 Extinguishing allowance components
- 130.20 Restarting commercial production
Division 135--Ending mining project interests
- 135.1 What this Division is about
- 135.5 The termination day for a mining project interest
- 135.10 The effect of renewing or changing production rights
- 135.15 The effect of renewing or changing mining ventures
- 135.20 The effect of mining project transfers and mining project splits
- 135.25 Continuation of obligations etc. after the termination day
PART 4-2--PRE-MINING PROJECT INTERESTS
Division 140--Pre-mining profits and royalty credits
- 140.1 What this Division is about Subdivision 140-A--Pre-mining profits
- 140.5 Pre-mining profits
- 140.10 Treatment of pre-mining profits--general rule
- 140.15 Effect on allowance components for other mining project interests
- 140.20 Treatment of pre-mining profits--mining project interest originating from the pre-mining project interest Subdivision 140-B--Pre-mining royalty credits
- 140.25 Pre-mining royalty credits
Division 145--Transferring pre-mining project interests
- 145.1 What this Division is about
- 145.5 Object of this Division
- 145.10 Continuation of pre-mining project interest
- 145.15 Effects of pre-mining project transfer
- 145.20 Effect of transferred property
- 145.25 Events happening after pre-mining project transfer
- 145.30 Pre-mining project transfer when mining project interest originates
Division 150--Splitting pre-mining project interests
- 150.1 Guide to Division 150
- 150.5 Object of this Division
- 150.10 Continuation of pre-mining project interest
- 150.15 Effects of pre-mining project split
- 150.20 Effect of transferred property
- 150.25 Effect of MRRT liability from earlier years on rehabilitation tax offset amounts
- 150.30 Events happening after pre-mining project split
- 150.35 Pre-mining project split when mining project interest originates
Division 155--Ending pre-mining project interests
- 155.1 What this Division is about
- 155.5 The termination day for a pre-mining project interest
- 155.10 The effect of renewing or changing exploration rights
- 155.15 The effect of pre-mining project transfers and pre-mining project splits
- 155.20 Continuation of obligations etc. after the termination day
- 155.25 Extinguishing allowance components
PART 4-3--ADJUSTING MRRT LIABILITIES
Division 160--Adjustments to revenue and expenditure of project interests
- 160.1 What this Division is about
- 160.5 Object of this Division
- 160.10 Mining adjustments
- 160.15 Effect of mining adjustments on mining revenue, mining expenditure etc.
Division 165--Starting base adjustments
- 165.1 What this Division is about Subdivision 165-A--Starting base adjustment events and starting base adjustment amounts
- 165.5 Starting base adjustment events
- 165.10 Starting base adjustment amounts
- 165.15 Reductions in declines in value of starting base assets Subdivision 165-B--General rules for starting base adjustments
- 165.20 Starting base adjustments
- 165.25 The effect of starting base adjustments on starting base losses
- 165.30 The effect of negative starting base adjustments on mining revenue Subdivision 165-C--Partial disposal of starting base assets
- 165.35 Starting base adjustments for partial disposal of starting base assets
- 165.40 Declines in value of retained parts of starting base assets
- 165.45 Reductions in starting base losses
- 165.50 Base value for the next MRRT year Subdivision 165-D--Miscellaneous
- 165.55 Use etc. of starting base assets for other mining project interests etc.
- 165.60 Effect on base value of use etc. of starting base assets after starting base adjustment events
PART 4-4--VALUATION
Division 170--Valuation principles
- 170.1 What this Division is about
- 170.5 Valuations to comply with valuation principles
- 170.10 The valuation principles
Division 175--Alternative valuation method
- 175.1 What this Division is about Subdivision 175-A--Object of this Division
- 175.5 Object of this Division Subdivision 175-B--Choosing to use the alternative valuation method
- 175.10 Choosing to use the alternative valuation method
- 175.15 Group production of taxable resources Subdivision 175-C--Amounts included in mining revenue under the alternative valuation method
- 175.20 When amounts are included in mining revenue under the alternative valuation method
- 175.25 How to work out the single amount
- 175.30 Unadjusted revenue amounts
- 175.35 Downstream operating costs
- 175.40 Depreciation of assets
- 175.45 Return on capital costs
Division 180--Valuation of starting base assets using the look-back approach
- 180.1 What this Division is about
- 180.5 Choosing to apply the look-back approach
- 180.10 The effect of the look-back approach on valuation of mining project interests
PART 4-5--ACCOUNTING FOR MRRT
Division 185--Currency translation
- 185.1 What this Division is about
- 185.5 Objects of this Division
- 185.10 Translation of amounts into Australian currency
- 185.15 Functional currency rules
- 185.20 Functional currency rules--Australian permanent establishments
- 185.25 Special translation rules
Division 190--Substituted accounting periods
- 190.1 What this Division is about
- 190.5 Object of this Division
- 190.10 Accounting periods recognised for income tax purposes
- 190.15 Changes in accounting periods
- 190.20 The effect of transitional accounting periods on threshold amounts
- 190.25 The effect of transitional accounting periods on uplift factors
Division 195--Non-cash benefits
- 195.1 What this Division is about
- 195.5 Object of this Division
- 195.10 Barter transactions
- 195.15 Gift transactions
Division 200--Simplified MRRT method
- 200.1 What this Division is about
- 200.5 Effect of the simplified MRRT method
- 200.10 Choosing to use the simplified MRRT method
- 200.15 Working out an entity's profit for simplified MRRT method purposes
PART 4-6--INTEGRITY MEASURES
Division 205--Anti-profit shifting
- 205.1 What this Division is about
- 205.5 Object of Division
- 205.10 Amounts to reflect independent dealings
- 205.15 Method to be used when determining amounts for the purposes of this Division
- 205.20 Commissioner may compensate entity or another entity
- 205.25 Commissioner determinations
Division 210--Anti-avoidance
- 210.1 What this Division is about Subdivision 210-A--Application of this Division
- 210.5 Object of this Division
- 210.10 When does this Division apply?
- 210.15 When does an entity get an MRRT benefit from a scheme?
- 210.20 Matters to be considered in determining purpose Subdivision 210-B--Commissioner may negate effects of schemes for MRRT benefits
- 210.25 Commissioner may negate entity's MRRT benefits
- 210.30 Commissioner may compensate entity or another entity
- 210.35 One determination may cover several MRRT years etc.
- 210.40 Commissioner must give copy of determination to entity affected
PART 4-7--ENTITIES
Division 215--Consolidated groups
- 215.1 What this Division is about
- 215.5 Objects of this Division
- 215.10 Choice to consolidate for MRRT purposes
- 215.15 Single entity rule
- 215.20 Project interests transferred to head company etc. on joining
- 215.25 Project interests transferred to leaving entity on leaving
- 215.30 Mining project interests etc. split to leaving entity on leaving
- 215.35 Acquisition of consolidated group by another consolidated group etc.
- 215.40 Instalment rates for leaving entity or new head company
- 215.45 Effect of choice to continue group after shelf company becomes new head company
- 215.50 Effect of change of head company or provisional head company of a MEC group
- 215.55 Effect of group conversions involving MEC groups
Division 220--Partnerships and unincorporated associations and bodies
- 220.1 What this Division is about
- 220.5 Partnerships
- 220.10 Unincorporated associations and bodies
PART 4-8--MISCELLANEOUS
Division 225--Rehabilitation tax offsets
- 225.1 What this Division is about
- 225.5 Object of this Division
- 225.10 Entitlement to rehabilitation tax offsets
- 225.15 Rehabilitation tax offset amounts relating to mining project interests
- 225.20 Rehabilitation tax offset amounts relating to pre-mining project interests
- 225.25 Application of rehabilitation tax offsets
CHAPTER 5--Miscellaneous
Division 235--Miscellaneous
- 235.1 Regulations
CHAPTER 6--Interpreting this Act
PART 6-1--RULES FOR INTERPRETING THIS ACT
Division 245--Rules for interpreting this Act
- 245.1 What forms part of this Act
- 245.5 What does not form part of this Act
- 245.10 Guides and other non-operative provisions, and their role in interpreting this Act
PART 6-2--MEANING OF SOME IMPORTANT CONCEPTS
Division 250--Meaning of hold
- 250.1 What this Division is about
- 250.5 Meaning of hold
- 250.10 When certain starting base assets are held
- 250.15 Things that are jointly held
Division 255--Integrated mining project interests
- 255.1 What this Division is about
- 255.5 Upstream integration of mining project interests
- 255.10 Downstream integration of mining project interests
- 255.15 Meaning of downstream mining operations
- 255.20 Choice to integrate
PART 6-3--DICTIONARY
Division 300--Dictionary
- 300.1 Dictionary