Document ID: chunk:federal_register_of_legislation:F2024L01740:reg:10:p10
Version: federal_register_of_legislation:F2024L01740
Segment Type: reg
Provision Reference: reg 10 (pt 10/10)
Character Range: 374806–376997

under a Controlled Foreign Company Tax Regime) paid or due to be paid in one of the jurisdictions than in the other jurisdictions—that jurisdiction;
 (b) if paragraph (a) does not apply, and the MNE Group has a greater Substance‑based Income Exclusion Amount for the Fiscal Year (computed under Part 5‑3 on the assumption that the Constituent Entity were the only Constituent Entity of the MNE Group located in the jurisdiction) in one of the jurisdictions than in the other jurisdictions—that jurisdiction;
 (c) if neither paragraph (a) nor (b) applies, and the Constituent Entity is the Ultimate Parent Entity of the MNE Group—the jurisdiction in which it was created.
Note: Under paragraph 43(2)(b) of the Act, a Constituent Entity of an MNE Group mentioned in subsection (1) of this section is a Stateless Constituent Entity of the MNE Group for a Fiscal Year if the Constituent Entity is not taken to be located in a jurisdiction for the Fiscal Year under subsections (2) and (3) of this section.

10‑65  Dual‑located Parent Entity located in non‑IIR jurisdiction
 (1) This section applies if:
 (a) disregarding section 43 of the Act, a Parent Entity of an MNE Group is located in more than one jurisdiction (each of which is a relevant jurisdiction) for a Fiscal Year under section 40 of the Act; and
 (b) under subsection 10‑60(2) or (3) of this instrument, the Parent Entity is taken to be located in one of those jurisdictions (the location jurisdiction) for the Fiscal Year; and
 (c) the Parent Entity is not required, under the laws of the location jurisdiction, to apply a Qualified IIR for the Fiscal Year.
 (2) If:
 (a) Australia is a relevant jurisdiction and is not the location jurisdiction; and
 (b) if Australia and the location jurisdiction are party to a Tax Treaty:
 (i) the Parent Entity is treated as a resident of the location jurisdiction for purposes of the Tax Treaty; and
 (ii) the location jurisdiction does not apply a Qualified IIR; and
 (c) Australia is not restricted from taxing the Parent Entity under the Tax Treaty for income tax purposes;
treat the Parent Entity as being located in Australia for the purposes of paragraph 2‑5(1)(a) of this instrument.