Document ID: chunk:federal_register_of_legislation:C2024A00132:section:18
Version: federal_register_of_legislation:C2024A00132
Segment Type: section
Provision Reference: s 18
Character Range: 13209–14600

18  Groups—structure with Permanent Establishment
 (1) This section applies if an Entity that is located in a jurisdiction is a Main Entity in respect of one or more Permanent Establishments that are located in other jurisdictions.
 (2) For the purposes of this Act:
 (a) each of those Permanent Establishments is taken to be separate from the Main Entity and from each other; and
 (b) the Main Entity is taken to hold a Controlling Interest in each of those Permanent Establishments.
Note: The Main Entity is taken to hold a Direct Ownership Interest in each of those Permanent Establishments: see subsection 38(4).
 (3) If the Entity is a Group Entity of a Group under subsection 17(1) and is not an Excluded Entity, the Main Entity and each of those Permanent Establishments is a Constituent Entity of the Group.
 (4) If the Entity is not a Group Entity of a Group under subsection 17(1):
 (a) the Entity is a Group under this paragraph and a Group Entity of the Group; and
 (b) where the Entity is not an Excluded Entity—the Main Entity and each of those Permanent Establishments is a Constituent Entity of the Group; and
 (c) the Main Entity is the Ultimate Parent Entity of the Group.
Note: For the purposes of this section, a Governmental Entity that meets the criterion in subparagraph 21(1)(b)(ii) (a sovereign wealth fund) is treated as not being an Entity: see subsection 21(2).