Malaysia legislation

Section 192

of FINANCE (NO. 2) ACT 2023

Section 192

(2)

The Effective Tax Rate for an Investment Entity that is a Constituent Entity shall be calculated separately from the

Effective Tax Rate of the jurisdiction in which it is located.

(3)

The Effective Tax Rate for each such Investment Entity is equal to the Investment Entity’s Adjusted Covered Taxes divided by the Multinational Enterprise Group’s Allocable

Share of the Investment Entity’s GloBE Income determined under Chapter 5 of this Part.

(4)

If there is more than one Investment Entity located in the jurisdiction, the Adjusted Covered Taxes and the

Multinational Enterprise Group’s Allocable Share of each

Investment Entity’s GloBE Income or Loss determined for each such Investment Entity are combined to compute the

Effective Tax Rate of all such Investment Entities.

(5)

An Investment Entity’s Adjusted Covered Taxes is the sum of the Adjusted Covered Taxes determined for the Investment Entity under section 169 attributable to the

Multinational Enterprise Group’s Allocable Share of the

Investment Entity’s GloBE Income and the Covered Taxes allocated to the Investment Entity under section 170.

(6)

The Investment Entity’s Adjusted Covered Taxes does not include any Covered Taxes accrued by the Investment Entity attributable to income that is not part of the Multinational

Enterprise Group’s Allocable Share of the Investment Entity’s

GloBE Income.

Finance (No. 2)

(7)

The Multinational Enterprise Group’s Allocable Share of the Investment Entity’s GloBE Income is equal to the

Allocable Share of the Investment Entity’s GloBE Income or Loss that would be determined for the Ultimate Parent

Entity in accordance with the rules of subsection 162(2)

taking into account only interests that are not subject to an election under section 193 or 194.

(8)

The Multinational Top-up Tax of a Constituent Entity that is an Investment Entity shall be an amount determined in accordance with the following formula:

A x (B – C)

where

A is the Multinational Top-up Tax Percentage for the Investment Entity;

B is the Investment Entity’s GloBE Income;

and

C is the Substance-based Income Exclusion for the Investment Entity.

(9)

The Multinational Top-up Tax Percentage for an

Investment Entity shall be the percentage point excess, if any, determined in accordance with the following formula:

(A – B)

where

A is the Minimum Rate; and

B is the Effective Tax Rate of the Investment

Entity.

(10)

If there is more than one Investment Entity located in the jurisdiction, the Investment Entity’s GloBE Income and the Substance-based Income Exclusion determined for each such Investment Entity are combined to compute the Multinational Top-up Tax Percentage of all such

Investment Entities.

Act 851

(11)

Notwithstanding subsection 180(3), the Substance-based

Income Exclusion for an Investment Entity shall be determined in accordance with section 180, and by taking into account only Eligible Tangible Assets and Eligible Payroll Costs of

Eligible Employees of the Investment Entities.

(12)

For the purposes of this section, “Multinational Enterprise

Group’s Allocable Share of the Investment Entity’s GloBE Income”

means an amount equal to the Allocable Share of the Investment

Entity’s GloBE Income or Loss that would be determined for the Ultimate Parent Entity in accordance with the rules of subsection 162(2) taking into account only interests that are not subject to an election under section 193 or 194.

Investment Entity Tax Transparency Election