Regulation 80

the MNE group has a responsible member located in the jurisdiction that is —

not the ultimate parent entity of the MNE group; and

a flow-through entity; and

the law of that jurisdiction imposing a qualified domestic minimum top‑up tax does not impose a charge on a responsible member of an MNE group that is a flow‑through entity in any circumstance.

the law of that jurisdiction imposing a qualified domestic minimum top‑up tax provides that it does not apply to an MNE group in the initial phase of the MNE group’s international activity;

that provision is not limited in application to circumstances where the constituent entities of an MNE group in the jurisdiction are not within the scope of a law of the jurisdiction imposing a qualified IIR; and (c)that provision applies to the MNE group.

a securitisation entity does not come within the scope of the qualified domestic minimum top-up tax imposed by the law of that jurisdiction; or

a securitisation entity comes within the scope of the qualified domestic minimum top-up tax imposed by the law of that jurisdiction, but —

the law imposes liability for that tax in respect of income of a securitisation entity (X) on another constituent entity of that MNE group that is not a securitisation entity; and

the law does not impose liability for that tax on X if the liability mentioned in sub-paragraph (i) cannot otherwise be collected.

a constituent entity of the MNE group located in the jurisdiction in a financial year has a deferred tax asset or deferred tax liability that arises as described in regulation 91(1)(b)(i) or (ii) or (2) (whether or not regulation 91 applies to the deferred tax asset or deferred tax liability); and

the law of the jurisdiction imposing a qualified domestic minimum top-up tax either —

does not make provision corresponding to regulation 91(1)(b) and (2), and to exclude an amount mentioned in paragraph (c) of the definition of “simplified income tax expense” in regulation 66 in determining an amount that corresponds to “simplified income tax expense” in regulation 66; or

makes any such corresponding provision in a way that is inconsistent with the document entitled “Tax Challenges Arising from the Digitalisation of the Economy — Administrative Guidance on Article 9.1 of the Global Anti-Base Erosion Model Rules”, published by the OECD on 15 January 2025.

contested in any judicial or administrative proceedings in that jurisdiction; or

determined by the tax authority of that jurisdiction that the tax is not assessable or collectible,on constitutional or similar grounds in that jurisdiction or any specific agreement with the government of that jurisdiction limiting the tax liability of the constituent entity.