Global Minimum Tax Act — G-3.3 36
Definitions 36 (1) The following definitions apply in this section. investment entity adjusted covered taxes amount means the amount that would, in the absence of section 8 , be determined in respect of an investment subgroup entity for a fiscal year by the formula A − (B × A) where A is the amount of adjusted covered taxes of the investment subgroup entity for the fiscal year; and B is the minority investor percentage of the investment subgroup entity for the fiscal year. ( montant des impôts concernés ajustés de l’entité d’investissement ) investment entity GloBE income amount means the amount that would, in the absence of section 8 , be determined in respect of an investment subgroup entity for a fiscal year by the formula A − (B × A) where A is the GloBE income or loss of the investment subgroup entity for the fiscal year; and B is the minority investor percentage of the investment subgroup entity for the fiscal year. ( montant du revenu GloBE de l’entité d’investissement ) investment subgroup , in respect of an MNE group, means all investment subgroup entities of the MNE group. ( sous-groupe d’investissement ) investment subgroup entity , of an MNE group, means a constituent entity of the MNE group that is an investment entity or an insurance investment entity. ( entité de sous-groupe d’investissement ) minority investor percentage , of an investment subgroup entity for a fiscal year, means the percentage of the GloBE income or loss of the investment subgroup entity for the fiscal year that is attributable (based on the relevant assumptions) to any ownership interest in the investment subgroup entity, other than any ownership interest held, directly or indirectly, by the ultimate parent entity of the MNE group of which the investment subgroup entity is a constituent entity. ( pourcentage de l’investisseur minoritaire ) minority-owned investment entity , of a minority-owned subgroup of an MNE group, means a constituent entity of the MNE group that is (a) an investment entity or an insurance investment entity; and (b) included in the minority-owned subgroup. ( entité d’investissement à détention minoritaire ) minority-owned investment subgroup , in respect of a minority-owned subgroup, means all minority-owned investment entities of the minority-owned subgroup. ( sous-groupe d’investissement à détention minoritaire ) relevant assumptions , in respect of an attribution of GloBE income or loss for a fiscal year to an ownership interest in an investment subgroup entity, means the assumptions that (a) the principles of the authorized financial accounting standard applicable in the preparation of the consolidated financial statements for the fiscal year of the ultimate parent entity of the MNE group that includes the investment subgroup entity are used for the purposes of the attribution; (b) the net income of the investment subgroup entity is equal to its GloBE income or loss; and (c) no amount of the GloBE income or loss of the investment subgroup entity is attributable to transactions with other group entities of the MNE group. ( hypothèses pertinentes ) Investment subgroup entity — top-up amount (2) Subject to subparagraphs 42 (2)(d)(ii) and (e)(ii), the top-up amount of an investment subgroup entity of an investment subgroup in respect of an MNE group for a fiscal year is the amount determined under subsection 30 (1) applying the following rules: (a) any references in sections 29 to 32 and 34 to (i) “MNE group”, except the reference to that term in the expression “ultimate parent entity of the MNE group” in subsection 32 (15) which is to be read as a reference to “ultimate parent entity of the MNE group in which the investment subgroup is included”, are to be read as references to “investment subgroup”, (ii) “standard constituent entity” or “constituent entity” are to be read as references to “investment subgroup entity”, (iii) “GloBE income or loss”, except the references to that term in subsection 31 (1), paragraph 32 (3)