Section 81

by renumbering the existing section as subsection (1); and

by inserting after the renumbered subsection (1) the following subsections:

“(2)  Notwithstanding any other provisions of this

Act and for the purposes of the imposition of Domestic

Top-up Tax or Multinational Top-up Tax and the implementation of the GloBE Rules, Part XI of the

Income Tax Act 1967 shall also apply to a Labuan entity which is a Constituent Entity that is a member of a Multinational Enterprise Group that has annual

Act 851

revenue of seven hundred and fifty million euro or more in the Consolidated Financial Statements of the Ultimate Parent Entity in at least two of the four consecutive Financial Years immediately preceding the tested Financial Year.

Where one or more of the Financial Years of the

Multinational Enterprise Group taken into account for the purposes of subsection (2) is of a period other than twelve months, for each of those Financial Years the seven hundred and fifty million euro annual revenue is adjusted proportionally to correspond with the length of the relevant Financial Year.

For the purposes of subsections (2) and (3),

“Consolidated Financial Statement”, “Constituent

Entity”, “Financial Year”, “GloBE Rules”, “Multinational

Enterprise Group” and “Ultimate Parent Entity” have the meaning assigned to them in Part XI of the Income

Tax Act 1967.”.

Amendment of section 9