8‑5 Application of this Part to Minority8‑5 Application of this Part to Minority‑Owned Constituent Entities, Joint Ventures and Investment Entities

8‑5 Application of this Part to Minority‑Owned Constituent Entities, Joint Ventures and Investment Entities

Minority‑Owned Constituent Entities (MOCEs) (1) Subsections (2) and (3) apply unless an MNE Group meets the SC De minimis test for a jurisdiction for a Fiscal Year.

Note: In determining whether an MNE Group meets the SC De minimis test, MOCEs are not treated as if they comprised a separate MNE Group or were the only Constituent Entities of the MNE Group located in a jurisdiction.

(2) In applying Divisions 3 and 4: (a) treat the purposes mentioned in subsection 5‑120(3) (MOCEs that comprise a Minority‑Owned Subgroup) as including the purposes of this Part; and (b) treat paragraph 8‑155(2)(a) as having been repealed. (3) In applying Divisions 3 and 4: (a) treat the purposes mentioned in subsection 5‑125(3) (MOCEs that are not part of a Minority‑Owned Subgroup treated as only Constituent Entities of the MNE Group) as including the purposes of this Part; and (b) treat the purposes mentioned in subsection 5‑125(5) (MOCEs that are not part of a Minority‑Owned Subgroup treated as not being Constituent Entities of the MNE Group) as including the purposes of this Part; and (c) treat paragraph 8‑155(2)(a) as having been repealed.

Note: As a result of subsections (2) and (3), Divisions 2 and 3 are applied separately in relation to MOCEs.

Joint Ventures (4) In applying Divisions 2, 3 and 4, treat the purposes mentioned in subsection 6‑75(3) (Joint Ventures) as including the purposes of this Part.

Note: As a result of this subsection, Divisions 2, 3 and 4 are applied separately to a Joint Venture and its JV Subsidiaries (which are treated as a separate MNE Group because of section 6‑75).

Investment Entities (5) In applying Divisions 3 and 4: (a) treat the purposes mentioned in subsection 7‑100(1) (Investment Entities treated as only Constituent Entities of the MNE Group) as including the purposes of this Part; and (b) treat the purposes mentioned in subsection 7‑115(1) (Investment Entities treated as not being Constituent Entities of the MNE Group) as including the purposes of this Part.

Note 1: As a result of this subsection, this Part is applied separately to Investment Entities.

Note 2: For the application of Division 2 of this Part to Investment Entities, see section 8‑95.