Singapore legislation

Clause 34

of Multinational Enterprise (Minimum Tax) Bill

Clause 34

Designated local DTT filing entity

(1)

A constituent entity located in Singapore of a registered MNE group that satisfies the conditions prescribed by the regulations, must be designated as the designated local DTT filing entity of the MNE group in accordance with subsection (2).

(2)

The designation must be made —

(a)

by the ultimate parent entity of the MNE group, on behalf of the following entities (each called a represented entity of the MNE group):

(i)

all the constituent entities located in Singapore of the MNE group;

(ii)

all joint ventures and JV subsidiaries located in Singapore and connected to the MNE group;

(iii)

all the section 29(b) entities of the MNE group; and

(b)

in the form and manner, and within the time, specified by the Comptroller.

(3)

Where —

(a)

a registered MNE group does not have a constituent entity mentioned in subsection (1);

(b)

subsection (1) (read with section 31(3)(b)) has not been complied with; or

(c)

the Comptroller registers an MNE group under section 32,the Comptroller must deem a constituent entity of the MNE group located in Singapore, a joint venture or JV subsidiary located in Singapore and connected to the MNE group, or a section 29(b) entity of the MNE group, as the designated local DTT filing entity of that MNE group.

(4)

The Comptroller must give notice of such deeming, and the identity of the entity that has been so deemed, to the ultimate parent entity and all entities known to the Comptroller to be represented entities of the MNE group.

(5)

Within one month after the date of the notice in subsection (4) or such extended period as the Comptroller may allow, any constituent entity of the registered MNE group located in Singapore may, on behalf of all the represented entities of the MNE group, apply to the Comptroller to designate another constituent entity located in Singapore as the designated local DTT filing entity of the MNE group in place of the deemed designated local DTT filing entity.

(6)

An application under subsection (5) must be made in the form and manner specified by the Comptroller.

(7)

Section 33(7) to (12) applies in relation to a designated local DTT filing entity of a registered MNE group as it applies in relation to a designated local GIR filing entity of a registered MNE group, with the following modifications: (a)a reference to all the represented entities of the MNE group is to all the represented entities of the MNE group in this section;

(b)

a reference to a provision of section 33 is to the corresponding provision in this section or a provision of section 33 as applied by this section, as the case may be;

(c)

all other necessary modifications.

Clause 34 — Multinational Enterprise (Minimum Tax) Bill