Part 3Multinational top-up tax
Chapter 3Effective tax rate of members of a multinational group in a territory
132Effective tax rate
1
The effective tax rate of the standard members of a multinational group in a territory for an accounting period is determined as follows—
Step 1
Determine, in accordance with Chapter 4, the adjusted profits for that period of each standard member of that group in that territory.
Step 2
Subtract the sum of the losses of those members of the group that made a loss in that period from the sum of the profits of those members of the group that made a profit in that period.
Step 3
If the result of Step 2 is nil or less, the effective tax rate is to be treated as 15%. Otherwise, proceed to Step 4.
Step 4
Determine the combined covered tax balance for the standard members of the group in that territory (which may be negative).
Step 5
If that balance is nil the effective tax rate is 0%. Otherwise, proceed to Step 6.
Step 6
Divide the combined covered tax balance by the result of Step 2.
Step 7
Except where Step 3 or 5 applies, the effective tax rate of the standard members of that group is X% where X (which will be negative if the combined covered tax balance is negative) is the result of Step 6 multiplied by 100.
2
The combined covered tax balance for standard members of a multinational group in a territory is—
a
where those members only have positive covered tax balances (see Chapter 5), the sum of those balances,
b
where those members only have negative covered tax balances (see that Chapter), the sum of those balances expressed as a negative number, or
c
where those members have a mixture of positive covered tax balances and negative covered tax balances, the amount (which may be positive or negative) given by subtracting the sum of those negative covered tax balances from the sum of those positive covered tax balances.
Section 164 contains provision about the determination of covered tax balances of members of multinational groups.
3
For the purposes of this Part—
a
a member of a multinational group is a “standard member” if it is not—
i
an investment entity, or
ii
a minority owned member, and
b
a stateless member of a multinational group is to be treated as being the sole member of the group located in a nominal territory.