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

CHAPTER 8 - ADMINISTRATION  

PART 8-2 - SAFE HARBOURS  

Division 2 - Transitional CbCR Safe Harbour  

Subdivision F - Special rules for particular circumstances  

SECTION 8-105  

8-105   TRANSITIONAL CbCR SAFE HARBOUR - EXCLUSIONS  
Section 8-10 does not apply in relation to an MNE Group for a jurisdiction for a Fiscal Year if any of the following conditions are satisfied:

(a)    the jurisdiction is a jurisdiction in which a Stateless Constituent Entity is taken to be located under section 5-45 ;

(b)    the MNE Group is a combined MNE Group referred to in paragraph 6-80(2)(a) (Multi-Parented MNE Groups) and there is no single Qualified CbC Report that includes the information of the all the separate Groups referred to in that paragraph;

(c)    an election for the MNE Group under section 7-40 (Deemed Distribution Tax election) applies to the Fiscal Year and the jurisdiction;

(d)    all of the following conditions are satisfied:

(i) in a previous Fiscal Year, one or more Constituent Entities of the MNE Group were located in the jurisdiction;

(ii) section 8-10 did not apply in relation to the MNE Group for the jurisdiction for the previous Fiscal Year;

(iii) the MNE Group was an Applicable MNE Group for the previous Fiscal Year.