6‑5 Applicable MNE Groups—mergers6‑5 Applicable MNE Groups—mergers

6‑5 Applicable MNE Groups—mergers

(1) This section specifies conditions for the purposes of paragraph 12(1)(b) of the Act. (2) An MNE Group (the merged Group) meets the conditions specified in this section for a Fiscal Year (the test year) if: (a) during the test year or the previous 4 Fiscal Years (the test period): (i) 2 or more Groups (the pre‑merger Groups) merged (see subsection (4)) to form the merged Group; or (ii) an Entity that is not part of a Group (the acquirer) acquired or merged (see subsection (4)) with one or more other Entities or Groups (the targets) to form the merged Group; and (b) the merged Group would be an Applicable MNE Group for the test year under paragraph 12(1)(a) of the Act, on the assumption in subsection (3) of this section. (3) For the purposes of paragraph (2)(b), assume that the following amounts were included in the annual revenue of the merged Group for a Fiscal Year in the test period (whether or not the merged Group existed in the Fiscal Year): (a) if subparagraph (2)(a)(i) applies—each amount shown as annual revenue in the Consolidated Financial Statements of the Ultimate Parent Entity of a pre‑merger Group for an accounting period ending within the Fiscal Year; (b) if subparagraph (2)(a)(ii) applies—the following amounts: (i) an amount shown as annual revenue in the financial statements of the acquirer for an accounting period ending within the Fiscal Year; (ii) in the case of a target that is part of a Group for the Fiscal Year—an amount shown as annual revenue in the Consolidated Financial Statements of the Ultimate Parent Entity of the target for an accounting period ending within the Fiscal Year; (iii) in the case of a target that is not part of a Group for the Fiscal Year—an amount shown as annual revenue in the financial statements of the target for an accounting period ending within the Fiscal Year. (4) For the purposes of this section, a merger means any arrangement under which: (a) all of the Group Entities of 2 or more separate Groups are brought under common control such that they are Group Entities of one Group; or (b) all (or substantially all) of the Group Entities of a Group, or 2 or more separate Groups, are brought under common control with one or more Entities such that they are Group Entities of one Group; or (c) an Entity that is not a member of any Group is brought under common control with another Entity or Group such that they are Group Entities of one Group.