Taxation (Multinational - Global and Domestic Minimum Tax) Rules 2024

CHAPTER 2 - LIABILITY AMOUNTS  

PART 2-6 - ALLOCATION OF TOP-UP TAX FOR THE UTPR  

SECTION 2-70   DISTRIBUTION OF ALLOCATED TOTAL UTPR TOP-UP TAX AMOUNT TO AUSTRALIAN CONSTITUENT ENTITY  

2-70(1)    
For the purposes of this instrument, the amount of the Total UTPR Top-up Tax Amount for an MNE Group for a Fiscal Year that is allocated to Australia under section 2-60 (the Australian allocated amount ) is distributed, in accordance with this section, to the Constituent Entities of the MNE Group that are located in Australia.

2-70(2)    
The amount of the Australian allocated amount distributed to a Constituent Entity of the MNE Group that is located in Australia is:

(a)    the Australian allocated amount;

multiplied by:

(b)    the percentage computed under the formula in subsection (3) .

2-70(3)    
The formula is as follows:

where:

Number of employees of all CEs in Australia
means the total number of employees of all Constituent Entities of the MNE Group located in Australia.

Number of employees of CE in Australia
means the total number of employees of the Constituent Entity located in Australia.

Total value of tangible assets of all CEs in Australia
means the sum of the Net Book Value of tangible assets for the Fiscal Year of all Constituent Entities of the MNE Group located in Australia.

Total value of tangible assets of CE in Australia
means the sum of the Net Book Value of tangible assets for the Fiscal Year of the Constituent Entity located in Australia.