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Chapter 7

181. Additional Current Multinational Top-up Tax

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(1)

If the Effective Tax Rate and Multinational Top-up

Tax for a prior Financial Year is required or permitted to be recalculated pursuant to the Effective Tax Rate Adjustment

Provisions—

(a)

the Effective Tax Rate and Multinational Top-up Tax for the prior Financial Year shall be recalculated in accordance with the rules of sections 174

to 180 after taking into account the adjustments to Adjusted Covered Taxes and GloBE Income or

Loss required by the relevant Effective Tax Rate

Adjustment Provisions; and

(b)

any amount of incremental Multinational Top-up Tax resulting from such recalculation shall be treated as

Additional Current Multinational Top-up Tax under section 177 arising in the current Financial Year.

(2)

If there is Additional Current Multinational Top-up Tax attributable to a recalculation under subsection (1) and the jurisdiction does not have Net GloBE Income for the current

Financial Year, the GloBE Income of each Constituent Entity located in the jurisdiction for the purposes of subsection 162(2)

shall be equal to the result of the Multinational Top-up Tax allocated to such Entity under sections 178 and 179

divided by the Minimum Rate.

(3)

If there is Additional Current Multinational Top-up Tax attributable to the operation of subsections 169(3) and (4), the GloBE Income of each Constituent Entity located in the jurisdiction for the purposes of subsection 162(2) shall be equal to the result of the Multinational Top-up Tax allocated to such

Entity under this paragraph divided by the Minimum Rate.

(4)

The amount of Additional Current Multinational

Top-up Tax allocated to each Constituent Entity for the purposes of this section shall be allocated only to Constituent

Entities that record an Adjusted Covered Taxes amount that is less than zero and less than the GloBE Income or Loss of such Constituent Entity multiplied by the Minimum Rate.

(5)

The allocation shall be made pro rata based upon an amount determined for each of those Constituent Entities according to the following formula:

(A x B) – C where

A is the GloBE Income or Loss;

B is the Minimum Rate; and

C is the Adjusted Covered Taxes.

(6)

If a Constituent Entity is allocated Additional Current

Multinational Top-up Tax pursuant to this section and section 178, such Constituent Entity shall be treated as a Low-Taxed Constituent Entity for the purposes of

Chapter 4 of this Part.

(7)

For the purposes of this section, “Effective Tax Rate

Adjustment Provisions” means the adjustment provisions under—

(a)

subsections 165(16) to (19);

(b)

subsections 171(4) to (6);

(c)

subsections 173(1) to (5) and (9); and

(d)

section 191.

Finance (No. 2)

Report

Chapter 8

Chapter 9

Chapter 10

Chapter 11

Chapter 12

Chapter 13

Part XI

Chapter 14

Chapter 15

Chapter 16

Chapter 17

Chapter 18

Chapter 19

Chapter III

Amendments to the Real Property Gains Tax Act 1976

Chapter IV

Amendments to the Stamp Act 1949

Chapter V

Amendments to the Petroleum (Income Tax) Act 1967

Chapter VI

Amendments to the Labuan Business Activity Tax Act 1990

Chapter VII

Amendment to the Entertainments Duty Act 1953

Chapter VIII

Amendment to the Customs Act 1967

Chapter IX

Amendment to the Excise Act 1976

Chapter X

Amendment to the Goods Vehicle Levy Act 1983

Chapter XI

Amendment to the Windfall Profit Levy Act 1998

Chapter XII

Chapter XIII

Amendments to the Sales Tax Act 2018

Chapter XIV

Amendments to the Service Tax Act 2018

Chapter XV

Amendment to the Departure Levy Act 2019