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 2-90  

2-90   EMPLOYEES AND THE NET BOOK VALUE OF TANGIBLE ASSETS ALLOCATED TO PERMANENT ESTABLISHMENT  
For the purposes of sections 2-65 and 2-70 , if a Constituent Entity of an MNE Group is a Permanent Establishment:

(a)    treat the employees of the Permanent Establishment as being the employees whose payroll costs are included in the separate financial accounts of the Permanent Establishment in accordance with Part 3-4 (for the purposes of computing the Financial Accounting Net Income or Loss of the Permanent Establishment); and

(b)    treat the employees of the Main Entity in respect of the Permanent Establishment as not including the employees mentioned in paragraph (a) ; and

(c)    treat the tangible assets of the Permanent Establishment as being the tangible assets that are included in the separate financial accounts of the Permanent Establishment in accordance with Part 3-4 (for the purposes of computing the Financial Accounting Net Income or Loss of the Permanent Establishment); and

(d)    treat the tangible assets of the Main Entity in respect of the Permanent Establishment as not including the tangible assets mentioned in paragraph (c) .