Singapore legislation
Regulation 70
Regulation 70
Conditions for application of Transitional CbCR Safe Harbour
Subregulation 1
Constituent entities of an MNE group located in a jurisdiction (jurisdiction Z) and specified in regulation 69, are eligible for the Transitional CbCR Safe Harbour for a financial year if, and only if, the following conditions are met:
the financial year commences in the period between 1 January 2025 and 31 December 2026 (both dates inclusive), and ends on or before 30 June 2028;
a qualifying country-by-country report has been prepared for the MNE group in relation to jurisdiction Z for the financial year;
for each preceding financial year —
that any constituent entity of the MNE group located in jurisdiction Z came within the scope of the law of any jurisdiction imposing a qualified IIR or a qualified UTPR; or
for which the MNE group was liable to be registered under Part 4 of the Act,if any, an election was made to apply for that financial year the Transitional CbCR Safe Harbour or its equivalent under the law of any other jurisdiction (as the case may be), to constituent entities of the MNE group located in jurisdiction Z;
an election described in regulation 48(1) was not made for that financial year with respect to any constituent entity located in jurisdiction Z;
at least one of the following tests is met for jurisdiction Z in the financial year:
the de minimis test;
the simplified effective tax rate test;
the routine profits test.
Subregulation 2
Where there is no requirement in the law of jurisdiction Z for a country‑by‑country report to be prepared in respect of an MNE group, the condition in paragraph (1)(b) is considered met if the filing entity of the MNE group has included, in the GloBE information return in which the election applying the Transitional CbCR Safe Harbour for jurisdiction Z for the financial year is made, the information that would have been in such a report —
prepared in accordance with legislation implementing the OECD guidance on country‑by‑country reporting under the law of the jurisdiction in which the ultimate parent entity is located; or
where there is no such law — prepared in accordance with that guidance.