Taxation (Multinational - Global and Domestic Minimum Tax) Rules 2024
Minority-Owned Constituent Entities (MOCEs)
8-5(1)
Subsections (2) and (3) apply unless an MNE Group meets the SC De minimis test for a jurisdiction for a Fiscal Year.
Note:
In determining whether an MNE Group meets the SC De minimis test, MOCEs are not treated as if they comprised a separate MNE Group or were the only Constituent Entities of the MNE Group located in a jurisdiction.
8-5(2)
In applying Divisions 3 and 4 : (a) treat the purposes mentioned in subsection 5-120(3) (MOCEs that comprise a Minority-Owned Subgroup) as including the purposes of this Part; and (b) treat paragraph 8-155(2)(a) as having been repealed.
8-5(3)
In applying Divisions 3 and 4 : (a) treat the purposes mentioned in subsection 5-125(3) (MOCEs that are not part of a Minority-Owned Subgroup treated as only Constituent Entities of the MNE Group) as including the purposes of this Part; and (b) treat the purposes mentioned in subsection 5-125(5) (MOCEs that are not part of a Minority-Owned Subgroup treated as not being Constituent Entities of the MNE Group) as including the purposes of this Part; and (c) treat paragraph 8-155(2)(a) as having been repealed.
Note:
As a result of subsections (2) and (3) , Divisions 2 and 3 are applied separately in relation to MOCEs.
Joint Ventures
8-5(4)
In applying Divisions 2 , 3 and 4 , treat the purposes mentioned in subsection 6-75(3) (Joint Ventures) as including the purposes of this Part.
Note:
As a result of this subsection, Divisions 2 , 3 and 4 are applied separately to a Joint Venture and its JV Subsidiaries (which are treated as a separate MNE Group because of section 6-75 ).
Investment Entities
8-5(5)
In applying Divisions 3 and 4 : (a) treat the purposes mentioned in subsection 7-100(1) (Investment Entities treated as only Constituent Entities of the MNE Group) as including the purposes of this Part; and (b) treat the purposes mentioned in subsection 7-115(1) (Investment Entities treated as not being Constituent Entities of the MNE Group) as including the purposes of this Part.
Note 1:
As a result of this subsection, this Part is applied separately to Investment Entities.
Note 2:
For the application of Division 2 of this Part to Investment Entities, see section 8-95 .
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