Global Minimum Tax Administration Tax Act, 2024 (Act No. 47 of 2024)2. Obligation to submit GloBE Information Return |
| (1) | A Domestic Constituent Entity of an MNE Group, Domestic Joint Venture or Domestic Joint Venture Subsidiary of a Domestic Joint Venture Group must submit a GloBE Information Return to the Commissioner. |
| (2) | A Designated Local Entity may submit the GloBE Information Return to the Commissioner on behalf of all Domestic Constituent Entities. |
| (3) | Where subsection (2) applies— |
| (a) | a Domestic Constituent Entity must provide to the Designated Local Entity all information necessary for the correct application of the Top-up Tax imposed under the Global Minimum Tax Act; and |
| (b) | a Domestic Constituent Entity must— |
| (i) | notify the Commissioner no later than six months prior to the filing due date of GloBE Information Return under section 3 of the identity of the Entity that is submitting the GloBE Information Return; and |
| (ii) | if subsequent to a notice under subparagraph (i) a new Entity is designated as the Domestic Designated Entity, a new notification must be provided to the Commissioner upon or immediately after such new designation. |
| (4) | All Domestic Constituent Entities must submit the GloBE Information Return if— |
| (a) | no designation is made in accordance with subsection (2); |
| (b) | the Designated Local Entity is no longer a member of the same MNE Group as the Domestic Constituent Entities and the MNE Group does not appoint an alternative Designated Local Entity; or |
| (c) | the Designated Local Entity fails to submit the return. |