Part 3Multinational top-up tax
Chapter 6Calculation of top-up amounts
194Total top-up amount for a territory
1
Take the following steps to determine the total top-up amount for an accounting period for a territory—
Step 1
Subtract the effective tax rate of the standard members of the group in that territory for that period (as determined in accordance with section 132) from 15%.
Step 2
If the result of Step 1 is nil or less, the total top-up amount for that territory is nil. Otherwise, proceed to Step 3.
Step 3
Subtract the sum of the losses of those members of the group that made a loss for the period (as determined by reference to their adjusted profits) from the sum of the profits of those members of the group that made a profit in that period (as determined by reference to their adjusted profits).
Step 4
Subtract the substance based income exclusion for that period for that territory (if any) from the result of Step 3.
Step 5
If the result of Step 4 is nil or less, the total top-up amount for that territory is nil. Otherwise, proceed to Step 6.
Step 6
Multiply the result of Step 1 (which will be a percentage) by the result of Step 4.
2
But where those members have a QDT credit for that territory for the accounting period, the total top-up amount is to be reduced in accordance with subsections (4) to (7).
3
For the purposes of this Part, standard members of a multinational group in a territory have a “QDT credit” for a territory for an accounting period if qualifying domestic top-up tax (see section 256) is accrued by one or more of those members in that territory in that period.
4
Where—
a
the standard members do not have a collective additional amount under section 206 for the period, and
b
the result of Step 6 in subsection (1) is equal to or greater than the sum of amounts of qualifying domestic top-up tax accrued by those members in that period,
the total top-up amount is to be reduced by the sum of those amounts.
5
Where—
a
the standard members do not have a collective additional amount under section 206 for the period, and
b
the result of Step 6 in subsection (1) is less than the sum of amounts of qualifying domestic top-up tax accrued by those members in the period,
the total top-up amount is to be reduced to nil.
6
Where—
a
the standard members have a collective additional amount under section 206 for the period, and
b
the sum of the result of Step 6 in subsection (1) and that collective additional amount is less than the sum of amounts of qualifying domestic top-up tax accrued by those members in the period,
the total top-up amount is to be reduced to nil.
7
Where—
a
the standard members have a collective additional amount under section 206, and
b
the sum of the result of Step 6 in subsection (1) and that collective additional amount is equal to or greater than the sum of amounts of qualifying domestic top-up tax accrued by those members in the period,
the total top-up amount is to be reduced by the amount given by multiplying the sum of those amounts of qualifying domestic top-up tax by the amount given by dividing the result of Step 6 in subsection (1) by the sum of the result of that step and that collective additional amount.