Document ID: chunk:federal_register_of_legislation:F2024L01740:front:0:p131
Version: federal_register_of_legislation:F2024L01740
Segment Type: other
Provision Reference: 
Character Range: 328777–331710

of Country‑by‑Country Reporting: BEPS Action 13 (Updated May 2024) of the OECD; or
 (b) if paragraph (a) does not apply and the MNE Group is does not file a Country‑by‑Country Report in the UPE Jurisdiction—the Country‑by‑Country Reporting regulations of the surrogate parent entity jurisdiction (determined in accordance with the documents mentioned in subparagraphs (a)(i) and (ii)); or
 (c) otherwise—the Country‑by‑Country Reporting regulations of the UPE jurisdiction.
 (2) Country‑by‑Country Reporting regulations means any of the following:
 (a) Subdivision 815‑E of the Income Tax Assessment Act 1997 (Reporting obligations for country by country reporting entities);
 (b) a law of a non‑Australian jurisdiction corresponding to that Subdivision.

Division 4—Qualified Domestic Minimum Top‑up Tax (QDMTT) Safe Harbour

8‑200  QDMTT Safe Harbour—general rule
 (1) An MNE Group's Jurisdictional Top‑up Tax for a jurisdiction for a Fiscal Year is taken to be zero if:
 (a) the jurisdiction applies a Qualified Domestic Minimum Top‑up Tax for the Fiscal Year; and
 (b) the jurisdiction is specified in a determination under subsection (2); and
 (c) an election for the MNE Group under subsection (3) applies to the jurisdiction and the Fiscal Year.
Note: The condition in paragraph (b) will not be satisfied if the jurisdiction is a jurisdiction in which a Stateless Constituent Entity is taken to be located under section 5‑45.
 (2) The Minister may, by legislative instrument, make a determination specifying a jurisdiction if the Minister is satisfied that the jurisdiction's Qualified Domestic Minimum Top‑up Tax has QDMTT Safe Harbour status for the Fiscal Year.

Election
 (3) A Filing Constituent Entity for an MNE Group may make an election for the MNE Group under this subsection that applies to a specified jurisdiction.
Note: A Filing Constituent Entity for an MNE Group may not make an election under this subsection in certain circumstances: see sections 8‑205 and 8‑210.
 (4) An election under subsection (3) is an Annual Election.

8‑205  Disqualification from election—disputed amounts
 (1) Despite subsection 8‑200(3), a Filing Constituent Entity for the MNE Group may not make an election for the MNE Group that applies to the Fiscal Year and the jurisdiction if subsection (2) applies.
 (2) This subsection applies if all or part of an amount payable by the Constituent Entity under a Qualified Domestic Minimum Top‑up Tax of the jurisdiction for the Fiscal Year is a disputed amount mentioned in subsection 5‑35(1).

8‑210  Disqualification from election—switch‑off rule
 (1) Despite subsection 8‑200(3), a Filing Constituent Entity for the MNE Group may not make an election for the MNE Group that applies to a Fiscal Year and a jurisdiction if subsection (2), (3), (4), (6), (7), (8) or (9) of this section applies.

Flow‑through Entity UPEs not required to apply QDMTT
 (2) This subsection applies if:
 (a)