Taxation (Multinational—Global and Domestic Minimum Tax) Rules 2024
8‑200 QDMTT Safe Harbour—general rule8‑200 QDMTT Safe Harbour—general rule
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8‑200 QDMTT Safe Harbour—general rule
(1) An MNE Group’s Jurisdictional Top‑up Tax for a jurisdiction for a Fiscal Year is taken to be zero if: (a) the jurisdiction applies a Qualified Domestic Minimum Top‑up Tax for the Fiscal Year; and (b) the jurisdiction is specified in a determination under subsection (2); and (c) an election for the MNE Group under subsection (3) applies to the jurisdiction and the Fiscal Year.
Note: The condition in paragraph (b) will not be satisfied if the jurisdiction is a jurisdiction in which a Stateless Constituent Entity is taken to be located under section 5‑45.
(2) The Minister may, by legislative instrument, make a determination specifying a jurisdiction if the Minister is satisfied that the jurisdiction’s Qualified Domestic Minimum Top‑up Tax has QDMTT Safe Harbour status for the Fiscal Year. Election (3) A Filing Constituent Entity for an MNE Group may make an election for the MNE Group under this subsection that applies to a specified jurisdiction.
Note: A Filing Constituent Entity for an MNE Group may not make an election under this subsection in certain circumstances: see sections 8‑205 and 8‑210.
(4) An election under subsection (3) is an Annual Election.