Document ID: chunk:federal_register_of_legislation:F2024L01740:front:0:p95
Version: federal_register_of_legislation:F2024L01740
Segment Type: other
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Character Range: 237751–240417

to (8)); and
(c) the Total UTPR Top‑up Tax Amount of the actual group (see paragraph 2‑55(1)(b)).
Note 3: For paragraph (b), to determine whether a JV Entity is a Low‑Taxed Constituent Entity, it is necessary to compute the Effective Tax Rate and Net GloBE Income of the deemed group for the jurisdiction in which it is located (see section 3‑195).

Part 6‑5—Multi‑Parented MNE Groups

6‑80  Multi‑Parented MNE Groups
 (1) This section is made for the purposes of section 28 of the Act.
 (2) In applying the Act and this instrument in relation to 2 or more Groups (the separate Groups) that comprise a Multi‑Parented MNE Group in respect of a Fiscal Year:
 (a) treat the Group Entities and Constituent Entities of each separate Group as Group Entities and Constituent Entities respectively of a single MNE Group (the combined MNE Group); and
 (b) treat an Entity (other than an Excluded Entity) as a Constituent Entity of the combined MNE Group if:
 (i) it is consolidated on a line‑by‑line basis with the combined MNE Group; or
 (ii) Constituent Entities in the combined MNE Group hold a Controlling Interest in it; and
 (c) treat the Consolidated Financial Statements referred to in subsection 6‑85(3) or (4) (as the case may be) as the Consolidated Financial Statements of each of the Ultimate Parent Entities of the combined MNE Group; and
 (d) treat:
 (i) the Ultimate Parent Entities of the separate Groups as the Ultimate Parent Entities of the combined MNE Group; and
 (ii) references in the Act and this instrument to an Ultimate Parent Entity as being a reference to each of those Ultimate Parent Entities, for the purposes of applying the Act and this instrument in relation to the combined MNE Group; and
 (e) for the purposes of computing, under section 2‑5, the IIR Top‑up Tax Amounts of a Parent Entity of the combined MNE Group (including an Ultimate Parent Entity of the combined MNE Group) for a Fiscal Year, compute in accordance with Parts 2‑1 to 2‑3 its Allocable Share of the Top‑up Tax of a Constituent Entity of the combined MNE Group that is a Low‑Taxed Constituent Entity.

6‑85  Meaning of Multi‑Parented MNE Group etc.
 (1) Two or more Groups comprise a Multi‑Parented MNE Group if:
 (a) the Ultimate Parent Entities of those Groups enter into an arrangement that is a Stapled Structure or a Dual‑listed Arrangement; and
 (b) at least one of the controlled Entities (see subsection (2)) of those Groups is located in a different jurisdiction to another of the other controlled Entities of those Groups.
 (2) For the purposes of paragraph (1)(b), the following are controlled Entities of those Groups:
 (a) a Group Entity of any of those