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

PART 5 - INTERPRETATION  

Division 4 - Location of Entities and Permanent Establishments  

SECTION 43   DUAL-LOCATED ENTITIES  

43(1)    
Subsection (2) applies if a Constituent Entity of an MNE Group would be located in more than one jurisdiction under section 40 for a Fiscal Year, disregarding this section.

43(2)    
For the purposes of this Act, and despite section 40 :

(a)    if paragraph (b) of this subsection does not apply - the Constituent Entity is taken to be located, for the Fiscal Year, in the jurisdiction worked out in accordance with the Rules; or

(b)    if the Constituent Entity is not taken under the Rules to be located in a jurisdiction for the Fiscal Year:

(i) the Constituent Entity is taken not to be located in any jurisdiction for the Fiscal Year; and

(ii) the Constituent Entity is a Stateless Constituent Entity of the MNE Group.

43(3)    
For the purposes of subsection (2) , the Rules may specify a method for determining the jurisdiction in which a Constituent Entity mentioned in subsection (1) is taken to be located for a Fiscal Year.