Singapore legislation

Regulation 61B

of Multinational Enterprise (Minimum Tax) Regulations 2024

Regulation 61B

Application of Act to multi-parent groups

Amended byS 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025

Subregulation 1

Amended byS 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025S 860/2025 wef 31/12/2025

Parts 2 and 3 of the Act (including these Regulations insofar as they are for carrying out or giving effect to those Parts) applies to a multi-parent group in the following manner:

(a)

all the groups comprising the multi-parent group are treated as a single MNE group and any reference to an MNE group is to the multi-parent group;

(b)

subject to sub-paragraph (c), the ultimate parent entity of each group comprising the multi-parent group is treated as the ultimate parent entity of the multi-parent group, and —

(i)

except in the provisions in sub-paragraphs (ii) and (iii), any reference to the ultimate parent entity of an MNE group is to the ultimate parent entity of each group comprising the multi-parent group;

(ii)

any reference in section 31(2) and regulations 17(2)(b), 70(2) and 86(4)(a) to the ultimate parent entity of an MNE group is to any of the ultimate parent entities of the groups comprising the multi-parent group; and

(iii)

the reference in regulation 33(1) to the ultimate parent entity of an MNE group is to the ultimate parent entity that prepares the consolidated financial statements mentioned in regulation 61A(2)(b)(iv) or (3)(c), as the case may be;

(c)

paragraph (a) of section 13(2) is replaced with the following provision: “(a)any of the ultimate parent entities of the groups comprising the multi-parent group, that holds an ownership interest in X is not a responsible member of the multi-parent group;”;

(d)

an entity of each group comprising the multi-parent group is treated as a member of the single MNE group;

(e)

an entity (called Y) (other than an excluded entity) is treated as a constituent entity of the single MNE group, if one or more entities in the single MNE group hold a controlling interest in Y;

(f)

for the purpose of sub-paragraph (e), one or more entities in the single MNE group are treated as holding a controlling interest in Y if those entities hold an ownership interest in Y and Y’s assets, liabilities, income, expenses and cash flows —

(i)

are consolidated on a line-by-line basis in the single MNE group’s consolidated financial statements mentioned in sub-paragraph (g) in accordance with the financial accounting standard mentioned in sub-paragraph (h); or

(ii)

would have been so consolidated but was not required to be consolidated solely on the ground of size or materiality or on the ground that Y is held for sale;

(g)

the consolidated financial statements mentioned in regulation 61A(2)(b)(iv) or (3)(c) (as the case may be) are treated as the single MNE group’s consolidated financial statements, and any reference to the consolidated financial statements of the ultimate parent entity of an MNE group is to the secondmentioned consolidated financial statements;

(h)

the financial accounting standards in accordance with which the single MNE group’s consolidated financial statements mentioned in sub-paragraph (g) were prepared are treated as an acceptable financial accounting standard.

Subregulation 2

Amended byS 860/2025 wef 31/12/2025

Part 4 of the Act and section 50(1)(a) (including these Regulations insofar as they are for carrying out or giving effect to that Part or that provision) apply to a multi-parent group in the manner set out in paragraph (1)(a) to (f), but subject to paragraphs (3) and (4).

Subregulation 3

Amended byS 860/2025 wef 31/12/2025

The entity liable to pay the surcharge under section 36 for a failure to register the single MNE group is the ultimate parent entity of every group in the single MNE group, and those ultimate parent entities bear that liability in equal shares.

Subregulation 4

Amended byS 860/2025 wef 31/12/2025

A reference in sections 34(2) and 38 to the ultimate parent entity of an MNE group is to the ultimate parent entity of any of the groups comprising the multi-parent group, as determined by the multi-parent group.