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Group Financing Companies and Pillar Two

A Review of South Korea’s Pillar Two Amendments to its Enforcement Regulation

South Korea Releases Pillar Two Forms, Including GloBE Information Return & GloBE Tax Return

The New Zealand and EU Approaches to the Domestic Income Inclusion Rule (DIIR)

Designing a Qualified Domestic Minimum Top-Up Tax (QDMTT)

Contents
  1. Scope
  2. Accounting Standard
  3. Calculations
  4. Substance-Based Income Exclusion
  5. De Minimis Exclusion 
  6. Allocation
  7. UPE that is a Flow-Through Entity
  8. UPE subject to a Deductible Dividend Regime
  9. Eligible Distribution Tax Systems
  10. ETR Calculation for Investment Entities
  11. Investment Entity Tax Transparency Election
  12. Taxable Distribution Method Election
  13. Multi-Parented MNE Groups
  14. Safe Harbours
  15. Transitional Rules
  16. Currency for QDMTT Calculations
  17. QDMTT Safe Harbour
In order to be a qualified domestic minimum top-up tax (QDMTT), a domestic minimum tax is generally required to follow the GloBE rules so that the calculation of the ETR and top-up tax is substantially the same. An MNE should be able to use the same data points for calculating its minimum tax liability that it uses for calculating its GloBE tax liability.
 
One option would be to just apply all of the GloBE rules with changes for the income inclusion rule (IIR) and under-taxed payments rule (UTPR) (as the IIR and UTPR mainly apply to the income of foreign constituent entities, whereas a QDMTT applies to domestic constituent entities).
 
However, it is beneficial to adapt the design of the QDMTT to reflect the domestic tax regime as otherwise this could exacerbate the complexity of a QDMTT and include provisions that aren’t even relevant to the jurisdiction (eg the stock-based compensation election, that would not be relevant if the jurisdiction did not allow companies to deduct the value of stock-based compensation based on the market value of the stock.)
 
The OECD Administrative Guidance provides details on which aspects of the GloBE Rules need to be reflected in the QDMTT regime and which aspects don’t.  This was supplemented by the Second Set of OECD Administrative Guidance (issued on July 17, 2023) that provides additional detail on the design of QDMTTs.

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Lee Hadnum

Lee Hadnum

Lee is a qualified Chartered Accountant and Chartered Tax Adviser. A former Senior Tax Analyst at Bloomberg Tax, Lee began his career in Ernst & Young's Entrepreneurial Services department and has 20 years of international tax planning experience. Lee's books have been recommended by The Times, The Guardian and The Telegraph.

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