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In forceUpdated to 29 Dec 2023Read it in Bahasa Malaysia

Chapter 11

196. Transitional Tax Attributes

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(1)

When determining the Effective Tax Rate for a jurisdiction in a Transition Year, and for each subsequent year, the Multinational Enterprise Group shall take into account all of the deferred tax assets and deferred tax liabilities reflected or disclosed in the financial accounts of all of the Constituent Entities in a jurisdiction for the Transition

Year.

(2)

Such deferred tax assets and liabilities must be taken into account at the lower of the Minimum Rate or the applicable domestic tax rate.

(3)

A deferred tax asset that has been recorded at a rate lower than the Minimum Rate may be taken into account at the Minimum Rate if the taxpayer can demonstrate that the deferred tax asset is attributable to a GloBE Loss.

Finance (No. 2)

(4)

For the purposes of this section, the impact of any valuation adjustment, or accounting recognition adjustment with respect to a deferred tax asset shall be disregarded.

(5)

The Deferred tax assets arising from items excluded from the computation of GloBE Income or Loss under

Chapter 5 of this Part must be excluded from the computation under subsections (1) to (4) when such deferred tax assets are generated in a transaction that takes place after 30 November 2021.

(6)

In the case of a transfer of assets between

Constituent Entities after 30 November 2021 and before the commencement of a Transition Year, the basis in the acquired assets other than inventory shall be based upon the disposing Entity’s carrying value of the transferred assets upon disposition with the deferred tax assets and liabilities brought into GloBE Rules determined on that basis.

(7)

For the purposes of this section, “Transition Year”

means, for a jurisdiction, the first Financial Year that the

Multinational Enterprise Group comes within the scope of this Part in respect of that jurisdiction.

Report

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