Malaysia legislation
Section 167
Section 167
(2)
If the Permanent Establishment does not have separate financial accounts, then the Financial Accounting Net Income or Loss is the amount that would have been reflected in its separate financial accounts if prepared on a stand alone basis and in accordance with the accounting standard used in the preparation of the Consolidated Financial Accounts of the
Ultimate Parent Entity.
(3)
The Financial Accounting Net Income or Loss of a Permanent Establishment referred to in subsections (1) and (2)
shall be adjusted, if necessary—
(a)
in the case of a Permanent Establishment as defined in paragraphs 157(1)(a) and (b) of the definition of
“Permanent Establishment”, to reflect only the amounts and items of income and expense that are attributable to the Permanent Establishment in accordance with the applicable Tax Treaty or domestic law of the jurisdiction where it is located regardless of the amount of income subject to tax and the amount of deductible expenses in that jurisdiction; or
(b)
in the case of a Permanent Establishment as defined in paragraph 157(1)(c) of the definition of “Permanent
Establishment”, to reflect only the amounts and items of income and expense that would have been attributed to it in accordance with Article 7 of the
OECD Model Tax Convention.
(4)
In the case of a Constituent Entity that is a Permanent
Establishment in accordance with paragraph 157(1)(d) of the definition of “Permanent Establishment”—
(a)
its income used for computing Financial Accounting
Net Income or Loss is the income being exempted in the jurisdiction where the Main Entity is located and attributable to the operations conducted outside that jurisdiction; and
(b)
its expenses used for computing Financial Accounting
Net Income or Loss are those that are not deducted for taxable purposes in the jurisdiction where the
Main Entity is located and that are attributable to such operations.
Act 851
(5)
The Financial Accounting Net Income or Loss of a Permanent Establishment is not taken into account in determining the GloBE Income or Loss of the Main Entity, except as provided in subsections (6) and (7).
(6)
A GloBE Loss of a Permanent Establishment shall be treated as an expense of the Main Entity and not of the Permanent
Establishment for the purpose of computing its GloBE
Income or Loss to the extent that the loss of the Permanent
Establishment is treated as an expense in the computation of the domestic taxable income of such Main Entity and is not set off against an item of income that is subject to tax under the laws of both the jurisdiction of the Main Entity and the jurisdiction of the Permanent Establishment.
(7)
GloBE Income subsequently arising in the Permanent
Establishment shall be treated as GloBE Income of the Main
Entity and not the Permanent Establishment up to the amount of the GloBE Loss that previously was treated as an expense for the purpose of computing the GloBE Income or Loss of the
Main Entity.
Allocation of Income or Loss from a Flow-through Entity