(1)The filing member of a multinational group may make an investment entity tax transparency election in relation to a member of the group that is an investment entity (“M”) and a member of the group with ownership interests in that entity (“O”).
(2)For the purposes of determining whether O has ownership interests in M, only interests that give rise to a share of profits are to be taken into account.
(3)An investment entity tax transparency election is an election that, for the purposes of sections 168 (underlying profits of transparent entities) and 178 (covered taxes of transparent entities)—
(a)M is to be treated as a flow-through entity,
(b)M is to be treated as regarded as tax transparent in the territory of O, and
(c)O is to be treated as having direct ownership interests in M.
(4)To determine the percentage of direct ownership interest O is to be treated as having in M, section 246(1) applies as if paragraph (b) were omitted, and for those purposes only interests that give rise in a share of profits are relevant.
(5)The filing member may only make such an election if—
(a)an election under section 214 is not in effect in relation to M and O, and
(b)either—
(i)O is subject to tax (in the territory in which O is located) on increases in the fair value of its ownership interests in M, and the rate of tax applicable to such increases is equal to or exceeds 15%, or
(ii)O is a regulated mutual insurance entity.
(6)An entity is a “regulated mutual insurance entity” if—
(a)it is regulated or authorised to carry on insurance business, and
(b)it is wholly owned by persons with which it has entered into insurance contracts.
(7)Paragraph 1 of Schedule 15 (long term elections) applies to an election under this section.
(8)Subsection (9) applies where—
(a)an election under this section has been revoked, and
(b)the adjusted profits of M fall to be determined for the first accounting period in respect of which the election no longer applies (the “revocation period”).
(9)In determining those profits, the value of any gain or loss from the disposition of an asset or liability by M is to be determined by reference to the fair value of the asset or liability as at the first day of the revocation period.
(10)Subsection (11) applies where—
(a)an election under this section has been revoked, and
(b)the adjusted profits of M fall to be determined for an accounting period—
(i)after the revocation period, but
(ii)before an accounting period for which a further election under this section has been made.
(11)In determining those profits, the value of any gain or loss from the disposition of an asset or liability by M is to be determined by reference to—
(a)if M’s assets and liabilities are accounted for on a realisation basis, the fair value of the asset or liability as at the first day of the revocation period;
(b)if M’s assets and liabilities are accounted for on a fair value basis, the fair value of the asset or liability as accounted for at the end of the previous accounting period.
(1)The filing member of a multinational group may elect that a member of the group (an “owner”) with direct ownership interests in an investment entity that is a member of the group is to have those interests treated in accordance with this section.
(2)The filing member may only make such an election if—
(a)an election under section 213 is not in effect in relation to the owner,
(b)the owner is not itself an investment entity, and
(c)the owner can reasonably be expected to be subject to tax (in the territory in which it is located) on distributions from the entity at a rate equal to or exceeding 15%.
(3)If an election is made under this section, in calculating amounts under this Part—
(a)distributions and deemed distributions from the investment entity to the owner in an accounting period are to be included in the adjusted profits of the owner in that period;
(b)credit the owner receives to reduce the tax payable by the owner in an accounting period to reflect tax payable or to be paid by the entity in that period is to be included in the adjusted profits of the owner in that period;
(c)if the owner receives such credit, such tax payable or to be paid by the entity in an accounting period is to be taken into account in determining the covered tax balance of the owner in that period.
(4)If an election is made under this section—
(a)an undistributed income amount for the entity for an accounting period is to be determined under section 215, and
(b)any positive undistributed income amount is to be added to the top-up amount of that entity as determined under section 220(1) (see section 220(2)).
(5)Paragraph 1 of Schedule 15 (long term elections) applies to an election under this section.
(6)Subsection (7) applies where—
(a)an election under this section has been revoked, and
(b)the adjusted profits of the investment entity fall to be determined under section 220 for the first accounting period in respect of which the election no longer applies.
(7)Those profits are to include any positive undistributed income amount for the entity for the previous accounting period.
(1)The undistributed income amount for an investment entity for an accounting period is the entity’s adjusted profits for the income period less the amounts referred to in subsection (2).
(2)The amounts are—
(a)the covered taxes payable by the entity (determined in accordance with Chapter 5) in the income period;
(b)distributions and deemed distributions paid by the entity and received by shareholders other than other investment entities in the review period;
(c)if, on determining the adjusted profits for the accounting periods in the review period, the entity has made a loss for one or more of those periods the made a loss, the sum of those losses;
(d)the investment loss carry-forward amount for the review period.
(3)But an amount referred to in subsection (2) is not to be deducted from the undistributed income amount for an accounting period if it has already been deducted from the undistributed income amount for a previous accounting period.
(4)In this section—
(a)the “income period” is the third accounting period before the accounting period for which the undistributed income amount falls to be determined;
(b)the “review period” is the period beginning with the first day of the income period and ending with the last day of the accounting period for which the undistributed income amount falls to be determined;
(c)a “deemed distribution” is an amount arising from the transfer of an ownership interest held by the owner to a person that is not a member of the group;
(d)the amount of a deemed distribution is to be calculated as the undistributed income amount for the accounting period in which the transfer occurs (disregarding the deemed distribution) multiplied by the transfer factor;
(e)the transfer factor is the value of the ownership interest transferred divided by the sum of that value and the value of the remaining ownership interest held by the owner;
(f)the “investment loss carry-forward amount” for a review period is the amount of any losses not deducted from the undistributed income amount for any accounting period preceding the review period.