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On 24 August 2011, the ATO released draft Miscellaneous Taxation Ruling MT 2011/D2 for public comment by 7 October 2011. Its full title is "Miscellaneous taxes: application of the income tax and GST laws to deferred transfer farm-out arrangements".

Para 8 of the draft states that under a deferred transfer farm-out arrangement, the terms of the arrangement specify that the transfer of the interest in the mining tenement from the farmor to the farmee occurs only after the farmee has met all of the exploration commitments and any payment requirements to earn that interest (collectively referred to as the earn-in requirements) within a specified period of time (the earn-in period).


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