Malaysia legislation
Section 3
Section 3
(2)
Notwithstanding any other provisions of this Act and for the purposes of the imposition of Domestic Top-up Tax or Multinational
Top-up Tax and the implementation of the GloBE Rules, Part XI of the
Income Tax Act 1967 shall also apply to a chargeable person who is a
Constituent Entity that is a member of a Multinational Enterprise
Group that has annual revenue of seven hundred and fifty million euro or more in the Consolidated Financial Statements of the Ultimate
Parent Entity in at least two of the four consecutive Financial Years immediately preceding the tested Financial Year.
(3)
Where one or more of the Financial Years of the Multinational
Enterprise Group taken into account for the purposes of subsection (2)
is of a period other than twelve months, for each of those Financial
20
Years the seven hundred and fifty million euro annual revenue is adjusted proportionally to correspond with the length of the relevant
Financial Year.
(4)
For the purposes of subsections (2) and (3), “Consolidated
Financial Statement”, “Constituent Entity”, “Financial Year”, “GloBE
Rules”, “Multinational Enterprise Group” and “Ultimate Parent
Entity” have the meaning assigned to them in Part XI of the
Income Tax Act 1967.
Manner in which chargeable income is to be ascertained