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 6-20   TARGET ' S ASSETS ETC. INCLUDED IN MNE GROUP ' S CONSOLIDATED FINANCIAL STATEMENTS  

6-20(1)    
For the purposes of this instrument, if any portion of the target ' s assets, liabilities, income, expenses or cash flows are included on a line-by-line basis in the Consolidated Financial Statements of the Ultimate Parent Entity of the disposing MNE Group in the transfer year:

(a)    in applying this instrument in relation to the disposing MNE Group, treat the target as a Constituent Entity of that MNE Group for the transfer year; and

(b)    the rules set out in sections 6-25 to 6-45 apply.

6-20(2)    
For the purposes of this instrument, if any portion of the target ' s assets, liabilities, income, expenses or cash flows are included on a line-by-line basis in the Consolidated Financial Statements of the Ultimate Parent Entity of the acquiring MNE Group in the transfer year:

(a)    in applying this instrument in relation to the acquiring MNE Group, treat the target as a Constituent Entity of that MNE Group for the transfer year; and

(b)    the rules set out in sections 6-25 to 6-45 apply.

6-20(3)    
To avoid doubt, if both subparagraphs 6-15(1)(b)(i) and (ii) apply in the transfer year, the target may be treated as a Constituent Entity of both MNE Groups under subsections (1) and (2) .