Global Minimum Tax Act — G-3.3 43
Definitions 43 The following definitions apply in this Subdivision. non-material constituent entity means a particular constituent entity of an MNE group, or a permanent establishment of the particular constituent entity, if (a) the particular constituent entity’s assets, liabilities, income, expenses and cash flows are not included in the ultimate parent entity’s consolidated financial statements; (b) the consolidated financial statements are (i) described in paragraph (a) or (c) of the definition consolidated financial statements in subsection 2 (1), and (ii) externally audited and the accompanying auditor’s opinion does not contain objections or qualifications in relation to the exclusion of the particular constituent entity from the consolidation perimeter; and (c) where the total revenue, as reported on the MNE group’s country-by-country report, that is attributable to the particular constituent entity for a fiscal year is greater than €50 million, the financial accounts that are used to complete the MNE group’s country-by-country report are prepared in accordance with an acceptable financial accounting standard or authorized financial accounting standard. ( entité constitutive non matérielle ) relevant country-by-country reporting regulations , in respect of an MNE group, means (a) the country-by-country reporting requirements of (i) if the country-by-country report is filed by the ultimate parent entity of the MNE group, the jurisdiction where the ultimate parent entity is located, or (ii) if the country-by-country report is filed by the surrogate parent entity of the MNE group (as defined in the OECD final report referred to in paragraph (b)), the jurisdiction where the surrogate parent entity is located; or (b) in any other case, the Transfer Pricing Documentation and Country-by-Country Reporting, Action 13 - 2015 Final Report , published by the OECD on October 5, 2015 and the Guidance on the Implementation of Country-by-Country Reporting: BEPS Action 13 , published by the OECD in October 2022, as amended from time to time. ( règlements pertinents en matière de déclaration pays par pays ) simplified income , of a non-material constituent entity of an MNE group for a fiscal year, means (a) if an election is made under section 46 for the fiscal year, the amount determined under paragraph 46 (a) for the fiscal year; and (b) in any other case, the non-material constituent entity’s GloBE income or loss for the fiscal year. ( résultat net simplifié ) simplified revenue , of a non-material constituent entity of an MNE group for a fiscal year, means (a) if an election is made under section 46 for the fiscal year, the amount determined under paragraph 46 (a) for the fiscal year; and (b) in any other case, the non-material constituent entity’s financial accounting revenue for the fiscal year. ( chiffre d’affaires simplifié ) simplified tax , of a non-material constituent entity of an MNE group for a fiscal year, means (a) if an election is made under section 46 for the fiscal year, the amount determined under paragraph 46 (b) for the fiscal year; and (b) in any other case, the non-material constituent entity’s adjusted covered taxes for the fiscal year. ( impôt simplifié )