Document ID: chunk:federal_register_of_legislation:C2024A00132:section:43
Version: federal_register_of_legislation:C2024A00132
Segment Type: section
Provision Reference: s 43
Character Range: 51247–52198

43  Dual‑located entities
 (1) Subsection (2) applies if a Constituent Entity of an MNE Group would be located in more than one jurisdiction under section 40 for a Fiscal Year, disregarding this section.
 (2) For the purposes of this Act, and despite section 40:
 (a) if paragraph (b) of this subsection does not apply—the Constituent Entity is taken to be located, for the Fiscal Year, in the jurisdiction worked out in accordance with the Rules; or
 (b) if the Constituent Entity is not taken under the Rules to be located in a jurisdiction for the Fiscal Year:
 (i) the Constituent Entity is taken not to be located in any jurisdiction for the Fiscal Year; and
 (ii) the Constituent Entity is a Stateless Constituent Entity of the MNE Group.
 (3) For the purposes of subsection (2), the Rules may specify a method for determining the jurisdiction in which a Constituent Entity mentioned in subsection (1) is taken to be located for a Fiscal Year.