4‑95 Meaning of Substitute Loss Carry‑fo4‑95 Meaning of Substitute Loss Carry‑forward DTA

4‑95 Meaning of Substitute Loss Carry‑forward DTA

(1) A Constituent Entity of an MNE Group has a Substitute Loss Carry‑forward DTA that arises in a Fiscal Year if: (a) the jurisdiction in which the Constituent Entity is located requires that foreign source income covered by subsection (4) offset domestic source losses before foreign tax credits may be applied against tax imposed on foreign source income covered by subsection (4); and (b) the Constituent Entity has, in relation to the jurisdiction: (i) a foreign tax credit; and (ii) a domestic tax loss that is fully or partially offset by foreign source income covered by subsection (4); and (c) the tax law of the jurisdiction allows foreign tax credits to be used to offset a tax liability in a subsequent Fiscal Year in relation to income that is included in the computation of the Constituent Entity’s GloBE Income or Loss for that subsequent Fiscal Year. (2) A Constituent Entity of an MNE Group also has a Substitute Loss Carry‑forward DTA arising in a Fiscal Year if: (a) the conditions in paragraphs (1)(a) and (b) are satisfied, but the condition in paragraph (1)(c) is not satisfied; and (b) the tax law of the jurisdiction permits the recharacterisation of domestic source income of a Fiscal Year as foreign source income of a later Fiscal Year; and (c) the effect of that recharacterisation is to allow foreign tax credits to be used to offset a tax liability in a subsequent Fiscal Year in relation to income that is included in the computation of the Constituent Entity’s GloBE Income or Loss for that subsequent Fiscal Year. (3) The amount of the Substitute Loss Carry‑forward DTA is the lesser of the following: (a) the amount of the foreign tax credit mentioned in subparagraph (1)(b)(ii) that the tax law of the jurisdiction allows to be carried forward from the Fiscal Year in Substitute Loss Carry‑forward DTA arises to a subsequent Fiscal Year; (b) the amount of the Constituent Entity’s tax loss that is offset as mentioned in subparagraph (1)(b)(ii), multiplied by the tax rate applicable in the jurisdiction. (4) For the purposes of paragraph (1)(a) and subparagraph (1)(b)(ii), this subsection covers foreign source income if both of the following conditions are satisfied: (a) the foreign source income is income of a controlled foreign company of a Constituent Entity of an MNE Group; (b) the Constituent Entity is taxed on the foreign source income under a Controlled Foreign Company Tax Regime.