Part 3Multinational top-up tax
Chapter 5Covered tax balance
Dealing with deferred tax assets etc
187Election for losses to be treated as special loss deferred tax assets
1
The filing member of a multinational group may elect that this section applies to all of the standard members of the group in a particular territory (“the relevant territory”).
2
An election under subsection (1)—
a
must be made having effect for the first accounting period in which the Pillar Two rules apply to any standard member in the relevant territory,
b
may not otherwise be made (and accordingly if the election is revoked it cannot be made again), and
c
may not be made for a territory that has an eligible distribution tax system.
3
Where this section applies to the standard members of a multinational group for an accounting period—
a
none of those members has a total deferred tax adjustment amount for that period, and
b
if the result of Step 2 in section 132(1) in relation to those members is nil or less (those members between them have made a loss), the amount of that result (expressed as a positive number) multiplied by 15% is a special loss deferred tax asset of those members.
4
Subsection (5) applies where—
a
this section applies in relation to the standard members of a multinational group in a territory for an accounting period,
b
the result of Step 2 in section 132(1) in relation to those members is greater than nil, and
c
those members have one or more special loss deferred tax assets.
5
Where this subsection applies, the standard members of the group that have made a profit in that accounting period are to use those assets in that period to increase their covered tax balances in accordance with subsections (6) and (7).
6
The amount of the special loss deferred tax assets that is to be used is the lesser of—
a
the amount of the assets, and
F1b
the result of Step 2 in section 132(1) multiplied by 15%.
Any remainder continues to be a special loss deferred tax asset of the relevant members of the group (and is available for use in subsequent accounting periods F2in which the election has effect).
7
Each of the standard members that made a profit in that period is to use the proportion of the amount to be used in accordance with subsection (6) that is equal to the proportion the adjusted profits of the member bears to the total adjusted profits of all of the standard members that made a profit.