Global Minimum Tax Act — G-3.3 47
nt of any standard constituent entity of the MNE group that is located in the jurisdiction that, for the purposes of the group’s qualified country-by-country report (a) is not regarded as a constituent entity of the MNE group; or (b) is not regarded as located in the jurisdiction. ( montant de l’exclusion de revenus fondée sur la substance admissible ) qualifying income tax expense means the income tax expense as reported on the qualified financial statements of a standard constituent entity of an MNE group, adjusted to exclude (a) any amount that does not relate to covered taxes; and (b) any amount that relates to uncertain tax positions. ( charges d’impôts admissibles ) total revenues , of an MNE group for a jurisdiction for a fiscal year, means total revenues in the jurisdiction as reported on the MNE group’s qualified country-by-country report (or that would have been so reported if the MNE group had been required to file a country-by-country report), that are attributable to standard constituent entities, adjusted to include the revenues of constituent entities of the MNE group that are held for sale and are not already included. ( recettes totales ) Election — transitional CbCR safe harbour (2) If the filing constituent entity of an MNE group elects the transitional safe harbour for a jurisdiction for a particular fiscal year, the top-up amount of each standard constituent entity of the MNE group that is located in the jurisdiction for the particular fiscal year is deemed to be nil, if (a) the particular fiscal year begins before January 1, 2027 and ends before July 1, 2028; (b) either (i) a qualified country-by-country report in respect of the MNE group has been filed in relation to the jurisdiction for the particular fiscal year, or (ii) if the MNE group is not required to file a country-by-country report, the filing constituent entity files a GIR, in respect of the MNE group for the particular fiscal year, and completes section 2.2.1.3(a) of the GIR, in relation to the jurisdiction for the particular fiscal year, using the data from qualified financial statements that would have been reported as total revenues and profit (loss) before income tax in a qualified country-by-country report; (c) the election has been made in respect of the jurisdiction for each preceding fiscal year in which a constituent entity of, or joint venture entity in respect of, the MNE group that is located in the jurisdiction is subject to a qualified IIR, qualified UTPR or qualified domestic minimum top-up tax; (d) an election under subsection 37 (1) has not been made by the MNE group in respect of the jurisdiction for the particular fiscal year; (e) at least one of the following tests is met, in respect of the MNE group, for the jurisdiction in the particular fiscal year: (i) the de minimis threshold test, (ii) the simplified effective tax rate test, or (iii) the routine profits test; (f) all of the data used to perform the computations under subsections (3) to (6) for all of the standard constituent entities of the MNE group that are located in the jurisdiction for the particular fiscal year (other than any non-material constituent entities or permanent establishments) comes from qualified financial statements described in subparagraph (a)(i) of the definition qualified financial statements in subsection (1), or from qualified financial statements described in subparagraph (a)(ii) of that definition; and (g) any payment received or receivable by a particular standard constituent entity located in the jurisdiction for the fiscal year from another constituent entity of the MNE group that is treated as an expense in the qualified financial statements of the other constituent entity for the fiscal year is included, for the purposes of applying the transitional safe harbour, in the total revenues and profit (loss) before income tax of the MNE group for the jurisdiction where the particular standard constituent entity is located for the fiscal year