Skip to content
In forceUpdated to 29 Dec 2023Read it in Bahasa Malaysia

Chapter 7

183. Minority-Owned Constituent Entity

Feedback & support
(1)

The computation of the Effective Tax Rate and

Multinational Top-up Tax for a jurisdiction in accordance with Chapters 5 to 10 of this Part with respect to members of a Minority-Owned Subgroup shall apply as if they were a separate Multinational Enterprise Group.

(2)

The Adjusted Covered Taxes and GloBE Income or Loss of members of a Minority-Owned Subgroup are excluded from the determination of the remainder of the Effective Tax Rate of the Multinational Enterprise Group in subsections 174(1) to (3)

and Net GloBE Income in subsection 174(4).

(3)

The Effective Tax Rate and Multinational Top-up Tax of a Minority-Owned Constituent Entity that is not a member of a Minority-Owned Subgroup is computed on an entity basis in accordance with Chapters 5 to 10 of this Part.

(4)

The Adjusted Covered Taxes and GloBE Income or

Loss of the Minority-Owned Constituent Entity are excluded from the determination of the remainder of the Multinational

Enterprise Group’s Effective Tax Rate in subsections 174(1)

to (3) and Net GloBE Income in subsection 174(4).

(5)

Subsection (4) does not apply if the Minority-Owned

Constituent Entity is an Investment Entity.

(6)

A Minority-Owned Constituent Entity whose Controlling

Interests are held, directly or indirectly, by a Minority-Owned

Parent Entity is a Minority-Owned Subsidiary.

Finance (No. 2)

(7)

For the purposes of this section—

“Minority-Owned Parent Entity” means a Minority-Owned

Constituent Entity that holds, directly or indirectly, the

Controlling Interests of another Minority-Owned Constituent

Entity, except where the Controlling Interests of the first-mentioned Entity are held, directly or indirectly, by another Minority-Owned Constituent Entity;

“Minority-Owned Subgroup” means a Minority-Owned

Parent Entity and its Minority-Owned Subsidiaries.

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