Taxation (Multinational - Global and Domestic Minimum Tax) Amendment (2025 Measures No. 1) Rules 2025 (F2025L01550)

Schedule 1   Amendments

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

7   At the end of section 2-85

Add:

(4) Subsections (5) and (6) apply in relation to a Constituent Entity of an MNE Group (other than a Securitisation Entity, Investment Entity or Insurance Investment Entity) located in Australia if:

(a) paragraph (2)(c) applies in relation to the MNE Group for a Fiscal Year; and

(b) the Constituent Entity does not have a UTPR Top-up Tax Amount for the Fiscal Year; and

(c) no other Constituent Entity of the MNE Group located in Australia has a UTPR Top-up Tax Amount for the Fiscal Year.

(5) Treat the Constituent Entity as having one employee, for the Fiscal Year, for the purposes of the following definitions in subsection 2-70(3):

(a) the definition of Number of employees of all CEs in Australia ;

(b) the definition of Number of employees of CE in Australia .

(6) Treat the sum of the Net Book Value of tangible assets of the Constituent Entity as being one Euro, for the Fiscal Year, for the purposes of the following definitions in subsection 2-70(3):

(a) the definition of Total value of tangible assets of all CEs in Australia ;

(b) the definition of Total value of tangible assets of CE in Australia .