Malaysia legislation

Section 182

of FINANCE (NO. 2) ACT 2023

Section 182

Provisions—

(a)

the Average GloBE Revenue of such jurisdiction is less than ten million euro; and

(b)

the Average GloBE Income or Loss of such jurisdiction is a loss or is less than one million euro.

(2)

The election under subsection (1) is an Annual Election.

(3)

If there were no Constituent Entities with GloBE

Revenue or GloBE Losses that were located in the jurisdiction in the first or second preceding Financial Year, such year or years shall be excluded from the calculation of the Average

GloBE Revenue and the Average GloBE Income or Loss of the relevant jurisdiction.

(4)

For the purposes of subsection (3)—

(a)

the GloBE Revenue of a jurisdiction for a Financial

Year is the sum of the revenue of all Constituent

Entities located in the jurisdiction for such Financial

Year, taking into account the adjustments calculated in accordance with Chapter 5 of this Part; and

(b)

the GloBE Income or Loss of a jurisdiction for a Financial Year is the Net GloBE Income of that jurisdiction, if any, or the Net GloBE Loss of that jurisdiction.

(5)

An election under this section shall not apply to a Constituent Entity that is a Stateless Constituent Entity or an Investment Entity and the revenue and GloBE

Income or Loss of a Stateless Constituent Entity and of an

Investment Entity shall be excluded from the computations in subsection (4).

Act 851

(6)

For the purposes of this section—

“Average GloBE Income or Loss” means an average of the GloBE Income or Loss of a jurisdiction for the current and the two preceding Financial Years;

“Average GloBE Revenue” means the average of the

GloBE Revenue of a jurisdiction for the current and the two preceding Financial Years.

Minority-Owned Constituent Entity

Section 182 — AKTA KEWANGAN (NO. 2) 2023 | mylaw.my