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PETROLEUM RESOURCE RENT TAX ASSESSMENT REGULATIONS 2005 (SLI NO 329 OF 2005) - REG 31

Capital and operating costs

         (1)   For Step 5 of the residual pricing method, an included cost for a participant in an integrated GTL operation is a capital cost if:

                (a)    it is not a personal cost; and

               (b)    either:

                          (i)    it was incurred before the production date; or

                         (ii)    the unit of property for which it was incurred is a depreciating asset for section 40–30 of the Income Tax Assessment Act 1997 .

Example of application of subparagraph (1) (b) (i)

If a person incurs operating expenses before the production date, they are treated as capital costs for the purposes of these Regulations.

         (2)   For Step 5 of the residual pricing method, an included cost for a participant in an integrated GTL operation is an operating cost if:

                (a)    it is not a personal cost; and

               (b)    it is not a capital cost.

         (3)   A cost which is a capital cost only because of subparagraph (1) (b) (i) is taken to have been incurred on the 1 January of the year of tax in which it was incurred.

Note    Costs that relate to a unit of property that is constructed over several years of tax are dealt with in regulation 33.



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