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

PART 5 - INTERPRETATION  

Division 4 - Location of Entities and Permanent Establishments  

SECTION 40   LOCATION OF AN ENTITY THAT IS NOT A FLOW-THROUGH ENTITY  

40(1)    
This section applies to an Entity if it is not a Flow-through Entity.

40(2)    
For the purposes of this Act, the Entity is located in the following jurisdiction:

(a)    if the Entity is an Australian entity (within the meaning of the Income Tax Assessment Act 1997 ) - Australia;

(b)    if, for the purposes of a law of a jurisdiction relating to national or federal Covered Taxes, the Entity is resident in the jurisdiction based on its place of management, place of creation or a similar criterion - that jurisdiction;

(c)    if paragraphs (a) and (b) do not apply - the jurisdiction in which the Entity was created.

Note:

If, under this section, the Entity is located in more than one jurisdiction for a Fiscal Year, see section 43 .



 

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