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

CHAPTER 6 - CORPORATE RESTRUCTURINGS AND HOLDING STRUCTURES  

PART 6-2 - CONSTITUENT ENTITIES JOINING AND LEAVING AN MNE GROUP  

Division 1 - Transfers of Ownership Interests  

SECTION 6-35   TARGET ' S ELIGIBLE PAYROLL COSTS AND TANGIBLE ASSET CARVE-OUT AMOUNT  

6-35(1)    
For the purposes of this instrument, in computing the target ' s Eligible Payroll Costs for the transfer year, take into account only those costs reflected in:

(a)    in applying this instrument in relation to the disposing MNE Group - the Consolidated Financial Statements of the Ultimate Parent Entity of the disposing MNE Group for the transfer year; or

(b)    in applying this instrument in relation to the acquiring MNE Group - the Consolidated Financial Statements of the Ultimate Parent Entity of the acquiring MNE Group for the transfer year.

6-35(2)    
For the purposes of this instrument, in computing the Tangible Asset Carve-out Amount for the target for the transfer year, adjust the carrying value of the target ' s Eligible Tangible Assets for the transfer year proportionally to correspond with the period in the transfer year in which that the target was a Group Entity of:

(a)    in applying this instrument in relation to the disposing MNE Group - the disposing MNE Group; or

(b)    in applying this instrument in relation to the acquiring MNE Group - the acquiring MNE Group.