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 8-90   TRANSITIONAL CbCR SAFE HARBOUR - SPECIAL RULE FOR DEDUCTIBLE DIVIDEND REGIMES  

8-90(1)    
Subsection (2) applies if a Constituent Entity of an MNE Group is:

(a)    the Ultimate Parent Entity of the MNE Group; and

(b)    subject to a Deductible Dividend Regime; and

(c)    where it is a Flow-through Entity - subsection 8-85(3) does not prevent section 8-10 from applying in relation to the MNE Group for the jurisdiction in which it is located for a Fiscal Year.

8-90(2)    
For the purposes of section 8-10 , in working out the MNE Group ' s Profit (Loss) before Income Tax, and Simplified Covered Taxes, for the jurisdiction in which the Ultimate Parent Entity is located for the Fiscal Year, disregard amounts to the extent that they are distributed as a result of an Ownership Interest in the Ultimate Parent Entity held by a recipient described in paragraph 7-20(2)(a) , (b) or (c) .