Critical Minerals Production Tax Incentive – draft regulations

Consultation period: 15 September to 10 October 2025

We invite feedback on the Income Tax Assessment (1997 Act) Amendment (Critical Minerals) Regulations 2025 (draft regulations).

These draft regulations clarify aspects of the Critical Minerals Production Tax Incentive and will support downstream refining and processing of Australia's critical minerals.

Recipients will receive a refundable tax offset of 10 per cent of eligible costs of processing critical minerals in Australia.

The offset will be available between 1 July 2027 and 30 June 2040. There is 10 year maximum for each project.

The draft regulations specify the commercial processes for:

• graphite

• high purity alumina (HPA)

• precursor cathode-active material (pCAM).