Document ID: chunk:federal_register_of_legislation:F2024L01740:front:0:p132
Version: federal_register_of_legislation:F2024L01740
Segment Type: other
Provision Reference: 
Character Range: 331481–334179

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) the Ultimate Parent Entity of the MNE Group meets the following conditions:
 (i) it is located in the jurisdiction;
 (ii) it is a Flow‑through Entity; and
 (b) an Ultimate Parent Entity that meets those conditions is not required to apply the Qualified Domestic Minimum Top‑up Tax of the jurisdiction for the Fiscal Year in any circumstance.

Flow‑through Entity Constituent Entities not required to apply QDMTT
 (3) This subsection applies if:
 (a) a Constituent Entity of the MNE Group meets the following conditions:
 (i) it is located in the jurisdiction;
 (ii) it is not an Ultimate Parent Entity;
 (iii) it is a Flow‑through Entity; and
 (b) a Constituent Entity of an MNE Group that meets those conditions is not required to apply the Qualified Domestic Minimum Top‑up Tax of the jurisdiction for the Fiscal Year in any circumstance.

OECD Securitisation Entities not required to apply QDMTT
 (4) This subsection applies if:
 (a) a Constituent Entity of the MNE Group meets the following conditions:
 (i) it is located in the jurisdiction;
 (ii) it is an OECD Securitisation Entity; and
 (b) a Constituent Entity of an MNE Group that meets those conditions is not required to apply the Qualified Domestic Minimum Top‑up Tax of the jurisdiction for the Fiscal Year in any circumstance (including where liability under the Qualified Domestic Minimum Top‑up Tax in respect of the Constituent Entity is imposed on other Constituent Entities of the MNE Group).
 (5) However, subsection (4) does not apply if, under the Qualified Domestic Minimum Top‑up Tax of the jurisdiction, the liability for the Fiscal Year in respect of a Constituent Entity of an MNE Group that meets those conditions is:
 (a) imposed on one or more other Constituent Entities of the MNE Group that are not OECD Securitisation Entities; or
 (b) if there are no other Constituent Entities of the MNE Group located in the jurisdiction—imposed on the Constituent Entity.

JV entities not required to apply QDMTT
 (6) This subsection applies if:
 (a) the MNE Group is a separate MNE Group mentioned in subsection 6‑75(2) (Joint Ventures); and
 (b) the Joint Venture of the MNE Group, or a JV Subsidiary of the Joint Venture of the MNE Group, is located in the jurisdiction; and
 (c) a Joint Venture of an MNE Group, or a JV Subsidiary of a Joint Venture of an MNE Group, that is located in the jurisdiction is not required to apply the Qualified Domestic Minimum Top‑up Tax of the jurisdiction for