Treasury Laws Amendment (Multinational—Global and Domestic Minimum Tax) (Consequential) Act 2024 (Cth)

Treasury Laws Amendment (Multinational—Global and Domestic Minimum Tax) (Consequential) Act 2024 No. 134, 2024 An Act to make amendments consequent on the enactment of the Taxation (Multinational—Global and Domestic Minimum Tax) Act 2024, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Administrative Decisions (Judicial Review) Act 1977 Income Tax Assessment Act 1936 Income Tax Assessment Act 1997 International Tax Agreements Act 1953 Taxation Administration Act 1953 Treasury Laws Amendment (Multinational—Global and Domestic Minimum Tax) (Consequential) Act 2024 No. 134, 2024 An Act to make amendments consequent on the enactment of the Taxation (Multinational—Global and Domestic Minimum Tax) Act 2024, and for related purposes [Assented to 10 December 2024] The Parliament of Australia enacts: 1 Short title This Act is the Treasury Laws Amendment (Multinational—Global and Domestic Minimum Tax) (Consequential) Act 2024. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act At the same time as the Taxation (Multinational—Global and Domestic Minimum Tax) Act 2024 commences. 11 December 2024 However, the provisions do not commence at all if that Act does not commence. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Administrative Decisions (Judicial Review) Act 1977 1 Paragraph (e) of Schedule 1 After "3‑10,", insert "3‑18,". 2 Paragraph (e) of Schedule 1 Insert: Taxation (Multinational—Global and Domestic Minimum Tax) Act 2024 Income Tax Assessment Act 1936 3 At the end of section 324 Add: (5) For the purposes of this section, treat foreign GloBE tax (within the meaning of the Income Tax Assessment Act 1997) as not being foreign tax. 4 At the end of section 325 Add: (3) For the purposes of this section, treat foreign GloBE tax (within the meaning of the Income Tax Assessment Act 1997) as not being foreign tax. 5 After subsection 393(1) Insert: (2) For the purposes of subsection (1), foreign tax mentioned in that subsection does not include any of the following: (a) foreign IIR tax (within the meaning of the Income Tax Assessment Act 1997); (b) foreign UTPR tax (within the meaning of that Act); (c) a tax specified in regulations made for the purposes of this paragraph. Income Tax Assessment Act 1997 6 Section 12‑5 (after table item headed "Australian apprenticeship support loan") Insert: Australian IIR/UTPR tax and Australian DMT tax no deduction ............................. 26‑99C see also tax related expenses 7 After paragraph 25‑5(1)(d) Insert: ; or (e) managing your *Australian GloBE tax affairs; or (f) complying with an obligation imposed on you by a *Commonwealth law, insofar as that obligation relates to the Australian GloBE tax affairs of an entity. 8 Subsection 25‑5(4) After "*tax affairs", insert "or *Australian GloBE tax affairs". 9 Before section 26‑100 Insert: 26‑99C Australian IIR/UTPR tax and Australian DMT tax cannot be deducted You cannot deduct under this Act an amount of *Australian IIR/UTPR tax or *Australian DMT tax that you pay. 10 Subsection 205‑15(1) (at the end of the table) Add: 9 the entity *pays Australian DMT tax; and that part of the payment that is attributable to the period during which the entity was a franking entity on the day on which the payment is made the entity satisfies the *residency requirement for the income year corresponding to the *Fiscal Year for which the tax is paid; and the entity is a *franking entity for the whole or part of that income year 11 Section 205‑20 (heading) Repeal the heading, substitute: 205‑20 Paying a PAYG instalment, income tax, diverted profits tax or Australian DMT tax 12 After subsection 205‑20(3A) Insert: (3B) An entity pays Australian DMT tax if and only if: (a) the entity has a liability to pay the *Australian DMT tax; and (b) either: (i) the entity makes a payment to satisfy the liability (in whole or in part); or (ii) a credit, or an *RBA surplus, is applied to discharge or reduce the liability. 13 Subsection 205‑30(1) (at the end of the table) Add: 14 the entity *receives a refund of Australian DMT tax; and that part of the refund that is attributable to the period during which the entity was a franking entity on the day on which the refund is received the entity satisfies the *residency requirement for the income year corresponding to the *Fiscal Year to which the refund relates; and the entity was a *franking entity during the whole or part of the income year to which the refund relates 14 Section 205‑35 (heading) Repeal the heading, substitute: 205‑35 Refund of income tax, diverted profits tax or Australian DMT tax 15 After subsection 205‑35(1A) Insert: (1B) An entity receives a refund of Australian DMT tax if and only if: (a) either: (i) the entity receives an amount as a refund; or (ii) the Commissioner applies a credit, or an *RBA surplus, against a liability or liabilities of the entity; and (b) the refund of the amount, or the application of the credit, represents in whole or in part a return to the entity of an amount paid or applied to satisfy the entity's liability to pay *Australian DMT tax. 16 Subsection 205‑35(2) Omit "paragraph (1)(b) or (1A)(b)", substitute "paragraph (1)(b), (1A)(b) or (1B)(b)". 17 Paragraph 717‑10(1)(c) Omit "(except *credit absorption tax or *unitary tax)", substitute "(except *credit absorption tax, *unitary tax, *foreign IIR tax or *foreign UTPR tax)". 18 At the end of section 770‑10 Add: Exception for foreign GloBE taxes (6) An amount you paid of any of the following does not count towards the *tax offset for the year: (a) *foreign IIR tax; (b) *foreign UTPR tax. Note: For rules relating to foreign DMT tax, see section 770‑145. 19 After subsection 770‑135(3) Insert: (3A) For the purposes of paragraphs (3)(a) and (b), the tax amount does not include an amount of *foreign IIR tax or *foreign UTPR tax that is treated as not being foreign tax under subsection 393(2) of the 1936 Act. 20 At the end of Subdivision 770‑C Add: 770‑145 When foreign income tax is considered not paid—foreign DMT tax reduced by amount of benefit (1) This section applies if: (a) an entity is: (i) a *Group Entity of an *Applicable MNE Group; or (ii) a *GloBE Joint Venture of an Applicable MNE Group; or (iii) a *GloBE JV Subsidiary of a GloBE Joint Venture of an Applicable MNE Group; and (b) the entity pays an amount of *foreign income tax imposed by a tax law of a foreign country; and (c) the foreign income tax is *foreign DMT tax; and (d) the entity, or another entity of a kind mentioned in subparagraph (a)(i), (ii) or (iii), is entitled to an amount of any of the following benefits in respect of the entity: (i) a refundable tax credit (whether by way of cash or cash equivalent, or through an offset of unrelated, existing liabilities), to the extent that the tax credit is computed as an excess over the entity's income tax liability; (ii) consideration received for the transfer of a transferable tax credit to which the entity was entitled in respect of foreign income tax of the foreign country; (iii) cash or cash equivalent amounts recognised as government grants under *accounting standard AASB 120 (or, if that standard does not apply to the entity, a comparable accounting standard that applies to the entity under a *foreign law); (iv) if the foreign country is specified in a determination under subsection (3)—a benefit of a kind specified in the determination in respect of the foreign country; and (e) both of the following are in relation to the same *foreign tax period in relation to the entity: (i) the foreign income tax; (ii) the benefits. (2) Despite anything else in this Division, this Act applies to the entity as if the amount of *foreign DMT tax were reduced by the amount of the benefit (but not below zero). (3) The Minister may, by legislative instrument, make a determination specifying a benefit in respect of a specified foreign country. (4) In making the determination, the Minister must have regard to the following: (a) the extent (if any) to which the benefit has been designed to be available to *Applicable MNE Groups; (b) the extent (if any) to which the benefit could increase the amount of *foreign DMT tax payable in the foreign country; (c) the extent (if any) to which the benefit could increase the amount of a *tax offset under this Division; (d) the nature of any other benefit specified in the determination. (5) A reference in this section to a *Group Entity does not include a reference to a *GloBE Excluded Entity. 770‑150 Meaning of foreign DMT tax (1) A tax is a foreign DMT tax if it is any of the following: (a) tax that is payable under a *foreign law and is a *Qualified Domestic Minimum Top‑up Tax; (b) tax that is payable under a foreign law and would be a Qualified Domestic Minimum Top‑up Tax if paragraph (c) of the definition of Qualified Domestic Minimum Top‑up Tax in the *GloBE Rules were disregarded; (c) tax that is payable under a foreign law specified by regulations made for the purposes of this paragraph. (2) If regulations made for the purposes of this subsection specify a provision of this Act and a tax that is payable under a foreign law, for the purposes of that provision, that tax is also a foreign DMT tax. 21 Paragraph 830‑10(1)(b) Omit "(except *credit absorption tax or *unitary tax)". 22 Paragraph 830‑10(1)(c) Omit "(except credit absorption tax or unitary tax)". 23 Section 830‑15 Omit "(except *credit absorption tax or *unitary tax)" (wherever occurring). 24 At the end of Subdivision 830‑A Add: 830‑17 References to foreign income tax in section 830‑10 or 830‑15 do not include certain taxes (1) Treat a reference in section 830‑10 or 830‑15 to foreign income tax as not including any of the following: (a) *credit absorption tax; (b) *unitary tax; (c) *foreign GloBE tax or other foreign minimum tax. (2) Foreign minimum tax mentioned in paragraph (1)(c) includes a tax specified in regulations made for the purposes of paragraph 393(2)(c) of the Income Tax Assessment Act 1936. 25 After paragraph 832‑130(7)(e) Insert: ; (f) *foreign GloBE tax or other foreign minimum tax. 26 At the end of section 832‑130 Add: (8) Foreign minimum tax mentioned in paragraph (7)(f) includes a tax specified in regulations made for the purposes of paragraph 393(2)(c) of the Income Tax Assessment Act 1936. 27 Subsection 995‑1(1) Insert: Applicable MNE Group, for a *Fiscal Year, has the same meaning as in the *Minimum Tax Act, as affected by section 28 of that Act. Australian DMT tax means tax payable under section 8 of the *Minimum Tax Act. Note: DMT is short for Domestic Minimum Top‑up. Australian DMT tax amount means a Domestic Top‑up Tax Amount (within the meaning of the *Minimum Tax Act). Australian DMT tax return has the meaning given by section 127‑45 in Schedule 1 to the Taxation Administration Act 1953. Australian GloBE tax means: (a) *Australian DMT tax; and (b) *Australian IIR tax; and (c) *Australian UTPR tax. Australian GloBE tax affairs means affairs relating to: (a) *Australian IIR/UTPR tax; or (b) *Australian DMT tax. Australian IIR tax means tax payable under section 6 of the *Minimum Tax Act. Note: IIR is short for income inclusion rule. Australian IIR/UTPR tax means: (a) *Australian IIR tax; and (b) *Australian UTPR tax. Australian IIR/UTPR tax amount means: (a) an IIR Top‑up Tax Amount (within the meaning of the *Minimum Tax Act); or (b) a UTPR Top‑up Tax Amount (within the meaning of that Act). Australian IIR/UTPR tax return has the meaning given by section 127‑35 in Schedule 1 to the Taxation Administration Act 1953. Australian UTPR tax means tax payable under section 10 of the *Minimum Tax Act. Note: UTPR is short for undertaxed profits rule. Constituent Entity, of an *Applicable MNE Group, has the same meaning as in the *Minimum Tax Act, as affected by section 28 of that Act. Designated Filing Entity has the meaning given by section 127‑25. Designated Local Entity has the meaning given by section 127‑15. Fiscal Year has the same meaning as in the *Minimum Tax Act. foreign DMT tax has the meaning given by section 770‑150. foreign GloBE tax means: (a) *foreign DMT tax; and (b) *foreign IIR tax; and (c) *foreign UTPR tax. foreign IIR tax means tax that: (a) is payable under a *foreign law; and (b) satisfies the requirements of the IIR (within the meaning of the *GloBE Rules). foreign UTPR tax means tax that: (a) is payable under a *foreign law; and (b) satisfies the requirements of the UTPR (within the meaning of the *GloBE Rules). GloBE Entity means an Entity (within the meaning of the *Minimum Tax Act). GloBE Excluded Entity means an Excluded Entity (within the meaning of the *Minimum Tax Act). GloBE Implementation Framework: (a) means the GloBE Implementation Framework (within the meaning of the *Minimum Tax Rules); or (b) if the expression GloBE Implementation Framework is not used in the Minimum Tax Rules—has the meaning given by the regulations. GloBE Information Return has the meaning given by section 127‑5 in Schedule 1 to the Taxation Administration Act 1953. GloBE Investment Entity: (a) means an Investment Entity (within the meaning of the *Minimum Tax Rules); or (b) if the expression Investment Entity is not used in the Minimum Tax Rules—has the meaning given by the regulations. GloBE Joint Venture means a Joint Venture (within the meaning of the *Minimum Tax Act). GloBE JV Subsidiary means a JV Subsidiary (within the meaning of the *Minimum Tax Act). GloBE located: a *GloBE Entity or *GloBE Permanent Establishment is GloBE located in a jurisdiction for a *Fiscal Year if the GloBE Entity or GloBE Permanent Establishment is located in that jurisdiction for the Fiscal Year for the purposes of the *Minimum Tax Act. GloBE Main Entity, in respect of a *GloBE Permanent Establishment, means the Main Entity (within the meaning of the *Minimum Tax Act) in respect of the GloBE Permanent Establishment. GloBE partnership has the meaning given by subsection 128‑20(6) in Schedule 1 to the Taxation Administration Act 1953. GloBE Permanent Establishment means a Permanent Establishment (within the meaning of the *Minimum Tax Act). GloBE Rules has the same meaning as in the *Minimum Tax Act. GloBE Securitisation Entity means a Securitisation Entity (within the meaning of the *Minimum Tax Act). GloBE Transition Year, of an *Applicable MNE Group: (a) means the Applicable MNE Group's Transition Year (within the meaning of the *Minimum Tax Rules) for Australia; or (b) if the expression Transition Year is not used in the Minimum Tax Rules—has the meaning given by the regulations. GloBE Ultimate Parent Entity, of an *Applicable MNE Group, means the Ultimate Parent Entity (within the meaning of the *Minimum Tax Act, as affected by section 28 of that Act) of the Applicable MNE Group. Group Entity, of an *Applicable MNE Group, has the same meaning as in the *Minimum Tax Act. Minimum Tax Act means the Taxation (Multinational—Global and Domestic Minimum Tax) Act 2024. Minimum Tax law means: (a) the *Minimum Tax Act; and (b) any Act that imposes *Australian GloBE tax; and (c) the Taxation Administration Act 1953, so far as it relates to an Act covered by paragraph (a) or (b); and (d) any other Act, so far as it relates to an Act covered by paragraphs (a) to (c) (or to so much of that Act as is covered); and (e) regulations or any legislative instrument under an Act, so far as they relate to any Act covered by paragraphs (a) to (d) (or to so much of that Act as is covered). Minimum Tax Rules means the Rules (within the meaning of the *Minimum Tax Act). Ownership Interest Percentage has the same meaning as in the *Minimum Tax Act. pays Australian DMT tax has the meaning given by subsection 205‑20(3B). 28 Subsection 995‑1(1) (at the end of the definition of period of review) Add: Note 3: For the purposes of Australian IIR/UTPR tax and Australian DMT tax, this definition is modified in respect of an amount of those taxes (see section 127‑75 in Schedule 1 to the Taxation Administration Act 1953). 29 Subsection 995‑1(1) Insert: Qualified Domestic Minimum Top‑up Tax: (a) means Qualified Domestic Minimum Top‑up Tax (within the meaning of the *Minimum Tax Rules); or (b) if the expression Qualified Domestic Minimum Top‑up Tax is not used in the Minimum Tax Rules—has the meaning given by the regulations. Qualifying Competent Authority Agreement has the meaning given by subsection 127‑20(3) in Schedule 1 to the Taxation Administration Act 1953. receives a refund of Australian DMT tax has the meaning given by subsection 205‑35(1B). International Tax Agreements Act 1953 30 At the end of subsection 4(3) Add: ; (c) subsection 770‑10(6) and section 770‑145 (about foreign GloBE tax) of the Income Tax Assessment Act 1997. 31 At the end of section 5 Add: (4) Subsection (3) does not apply in relation to the operation of a provision of an agreement, to the extent that it is inconsistent with a provision contained in a law of the Commonwealth, or of a State or Territory, if: (a) either: (i) the provision of the agreement is specified in a determination under subsection (5); or (ii) the provision of the agreement corresponds with a provision of an agreement that is specified in a determination under subsection (5); and (b) the provision contained in a law of the Commonwealth, or of a State or Territory is specified in a determination under subsection (5). (5) For the purposes of subsection (4), the Minister may, by legislative instrument, make a determination specifying: (a) a provision of an agreement; and (b) a provision contained in a law of the Commonwealth, or of a State or Territory. Taxation Administration Act 1953 32 Subsection 8AAB(4) (after table item 45B) Insert: 45BA 127‑70 in Schedule 1 Taxation Administration Act 1953 payment of Australian IIR/UTPR tax or shortfall interest charge 45BB 127‑70 in Schedule 1 Taxation Administration Act 1953 payment of Australian DMT tax or shortfall interest charge 33 Paragraph 14ZW(1)(bg) Omit "paragraph (bga) does not apply to the objection", substitute "neither paragraph (bga) nor paragraph (bgb) applies to the objection". 34 After paragraph 14ZW(1)(bga) Insert: (bgb) if the taxation objection is made under Subdivision 155‑C in Schedule 1 to this Act in relation to an assessment of an amount of Australian IIR/UTPR tax or Australian DMT tax—60 days after notice of the assessment has been given to the person; or 35 After Part 3‑17 in Schedule 1 Insert: Part 3‑18—Australian IIR/UTPR tax and Australian DMT tax Division 127—General provisions relating to Australian IIR/UTPR tax and Australian DMT tax Table of Subdivisions Guide to Division 127 127‑A Returns 127‑B When taxes are due and payable etc. 127‑C GloBE Excluded Entities Guide to Division 127 127‑1 What this Division is about Certain Group Entities of an Applicable MNE Group must give the Commissioner a GloBE Information Return, Australian IIR/UTPR tax return and Australian DMT tax return. An amount of Australian IIR/UTPR tax and Australian DMT tax for a Fiscal Year is usually due and payable on the last day of the 15th month after the end of the Fiscal Year. This Division contains other rules relating to the administration of the taxes, including rules dealing with charges and assessments. Subdivision 127‑A—Returns Table of sections GloBE Information Returns 127‑5 GloBE Information Returns 127‑10 GloBE Information Returns given by Designated Local Entities 127‑15 Meaning of Designated Local Entity 127‑20 GloBE Information Returns given to foreign government agencies 127‑25 Meaning of Designated Filing Entity 127‑30 GloBE Information Returns given to foreign government agencies—notification requirement Australian IIR/UTPR tax returns 127‑35 Australian IIR/UTPR tax returns 127‑40 Australian IIR/UTPR tax returns given by Designated Local Entities Australian DMT tax returns 127‑45 Australian DMT tax returns 127‑50 Australian DMT tax returns given by Designated Local Entities 127‑55 GloBE Joint Ventures and GloBE JV Subsidiaries Other provisions 127‑60 When returns must be given 127‑65 GloBE Main Entities and GloBE Permanent Establishments GloBE Information Returns 127‑5 GloBE Information Returns Giving GloBE Information Returns (1) A *Group Entity of an *Applicable MNE Group for a *Fiscal Year must give the Commissioner a *GloBE Information Return in respect of the Applicable MNE Group for the Fiscal Year if the Group Entity is *GloBE located in Australia for the Fiscal Year. Note: The Group Entity is required to give the Commissioner a GloBE Information Return even if the amount of Australian IIR/UTPR tax and Australian DMT tax the Group Entity is liable to pay in relation to the Fiscal Year is nil. (2) The *GloBE Information Return given under subsection (1) must: (a) be *lodged electronically; and (b) be in the *approved form. (3) A GloBE Information Return, in respect of an *Applicable MNE Group for a *Fiscal Year, is a return that: (a) if a determination under subsection (4) specifies requirements—is in accordance with those requirements; and (b) if paragraph (a) does not apply—is in accordance with the standardised return developed in accordance with the *GloBE Implementation Framework, as amended from time to time; and (c) contains the following information concerning the Applicable MNE Group: (i) identification of the *Constituent Entities of the Applicable MNE Group, including the jurisdiction in which they are *GloBE located for the Fiscal Year and their status under the *GloBE Rules; (ii) information on the overall corporate structure of the Applicable MNE group in the Fiscal Year; (iii) information relevant to the determination of Effective Tax Rates (within the meaning of the GloBE Rules), Top‑up Tax (within the meaning of the GloBE Rules) and allocation of Top‑up Tax for the Fiscal Year; (iv) elections made, for the Fiscal Year, in accordance with the relevant provisions of the GloBE Rules; (v) other information that is agreed as part of the GloBE Implementation Framework and is necessary to carry out the administration of the GloBE Rules. (4) For the purposes of paragraph (3)(a), the Commissioner may, by legislative instrument, make a determination specifying requirements for a return. 127‑10 GloBE Information Returns given by Designated Local Entities (1) This section applies if a *Designated Local Entity in relation to a *GloBE Information Return in respect of an *Applicable MNE Group for a *Fiscal Year gives the GloBE Information Return to the Commissioner in accordance with subsection 127‑5(2). (2) Each other *Group Entity of the *Applicable MNE Group that is *GloBE located in Australia for the *Fiscal year is taken to give the *GloBE Information Return to the Commissioner at the time the *Designated Local Entity gives the GloBE Information Return to the Commissioner. 127‑15 Meaning of Designated Local Entity A Designated Local Entity, of an *Applicable MNE Group for a *Fiscal Year, is a *Group Entity of the Applicable MNE Group that: (a) is *GloBE located in Australia for the Fiscal Year; and (b) has been appointed by every other Group Entity of the Applicable MNE Group that is GloBE located in Australia for the Fiscal Year to give to the Commissioner: (i) the *GloBE Information Return in respect of the Applicable MNE Group for the Fiscal Year; or (ii) a notice mentioned in paragraph 127‑20(2)(b) in respect of the Applicable MNE Group for the Fiscal Year. 127‑20 GloBE Information Returns given to foreign government agencies (1) This section applies in relation to an *Applicable MNE Group for a *Fiscal Year if: (a) either: (i) the *GloBE Ultimate Parent Entity of the Applicable MNE Group is *GloBE located in a foreign country or part of a foreign country that has a *Qualifying Competent Authority Agreement in effect with Australia for the Fiscal Year; or (ii) a *Designated Filing Entity in relation to the *GloBE Information Return in respect of the Applicable MNE Group for the Fiscal Year is GloBE located in a foreign country or part of a foreign country that has a Qualifying Competent Authority Agreement in effect with Australia for the Fiscal Year; and (b) the GloBE Ultimate Parent Entity or Designated Filing Entity gives a GloBE Information Return in respect of the Applicable MNE Group for the Fiscal Year to a *foreign government agency of the foreign country or part of the foreign country no later than the time specified in section 127‑60 in relation to the Fiscal Year. (2) Each *Group Entity of the *Applicable MNE Group that is required to give a *GloBE Information Return in respect of the Applicable MNE Group for the *Fiscal Year to the Commissioner: (a) is taken to give the GloBE Information Return to the Commissioner, in accordance with subsection 127‑5(2), at the time the *GloBE Ultimate Parent Entity or *Designated Filing Entity gives the GloBE Information Return to the *foreign government agency; and (b) must give the Commissioner a notice in accordance with subsection 127‑30(1) in respect of the Applicable MNE Group for the Fiscal Year. (3) A foreign country or part of a foreign country has a Qualifying Competent Authority Agreement in effect with Australia for a *Fiscal Year if an agreement or arrangement that: (a) is between 2 or more competent authorities: (i) at least one of which is a competent authority of Australia; and (ii) at least one of which is a competent authority of that foreign country or part of a foreign country; and (b) provides for the automatic exchange of annual *GloBE Information Returns for the Fiscal Year; is in effect. Commissioner may require Group Entity to give GloBE Information Return (4) If: (a) under subsection (2), a *Group Entity of the *Applicable MNE Group is taken to give a *GloBE Information Return in respect of the Applicable MNE Group for the *Fiscal Year to the Commissioner because the GloBE Information Return is given to a *foreign government agency; and (b) the relevant *Qualifying Competent Authority Agreement provides for the GloBE Information Return to be given to the Commissioner by a specified time; and (c) that time has passed, but the GloBE Information Return has not been given to the Commissioner under the Qualifying Competent Authority Agreement; the Commissioner may, by written notice given to the Group Entity, request the Group Entity to give to the Commissioner a GloBE Information Return in respect of the Applicable MNE Group for the Fiscal Year in accordance with subsection 127‑5(2). (5) The *Group Entity must comply with the request in accordance with subsection (6). (6) The *GloBE Information Return given under subsection (5) must be *lodged electronically. 127‑25 Meaning of Designated Filing Entity A Designated Filing Entity, in relation to a *GloBE Information Return in respect of an *Applicable MNE Group for a *Fiscal Year, is a *Group Entity of the Applicable MNE Group that has been appointed by the Applicable MNE Group to file the GloBE Information Return on behalf of the Applicable MNE Group. 127‑30 GloBE Information Returns given to foreign government agencies—notification requirement (1) For the purposes of paragraph 127‑20(2)(b), the notice mentioned in that paragraph: (a) must be given to the Commissioner no later than the time specified in section 127‑60 in relation to the *Fiscal Year; and (b) must state: (i) the identity of the *GloBE Ultimate Parent Entity or *Designated Filing Entity that gives the *GloBE Information Return to the *foreign government agency; and (ii) the jurisdiction in which that GloBE Ultimate Parent Entity or Designated Filing Entity is *GloBE located; and (c) must be in the *approved form; and (d) must be *lodged electronically. (2) Subsection (3) applies if a *Designated Local Entity of the *Applicable MNE Group gives the notice mentioned in subsection (1) in accordance with that subsection. (3) Each other *Group Entity of the *Applicable MNE Group that is *GloBE located in Australia for the *Fiscal year is taken to give the notice to the Commissioner at the time the *Designated Local Entity gives the notice to the Commissioner. Australian IIR/UTPR tax returns 127‑35 Australian IIR/UTPR tax returns (1) The purpose of this section is to provide, for the purposes of administering the *Australian IIR/UTPR tax, for a return that supplements the *GloBE Information Return. (2) Subject to subsection (4), a *Group Entity of an *Applicable MNE Group for a *Fiscal Year must give the Commissioner a return under this subsection (an Australian IIR/UTPR tax return) for the Fiscal Year if the Group Entity has an *Australian IIR/UTPR tax amount for the Fiscal Year (including a nil amount). (3) The return must: (a) be *lodged electronically; and (b) be in the *approved form. (4) However, the return need not be lodged in circumstances set out in a determination under subsection (5). (5) The Commissioner may, by legislative instrument, make a determination specifying circumstances in which a *Group Entity need not lodge a return under subsection (2). 127‑40 Australian IIR/UTPR tax returns given by Designated Local Entities (1) This section applies if: (a) a *Designated Local Entity of an *Applicable MNE Group for a *Fiscal Year has been appointed, by each *Group Entity of the Applicable MNE Group that is required to give the Commissioner an *Australian IIR/UTPR tax return for the Fiscal Year, to give an Australian IIR/UTPR tax return for the Fiscal Year to the Commissioner on behalf of the Group Entity; and (b) the Designated Local Entity gives an Australian IIR/UTPR tax return for the Fiscal Year to the Commissioner on behalf of those Group Entities in accordance with subsection 127‑35(3). (2) Each of those *Group Entities is taken to give the *Australian IIR/UTPR tax return to the Commissioner at the time at which the *Designated Local Entity gives the Australian IIR/UTPR tax return to the Commissioner. Australian DMT tax returns 127‑45 Australian DMT tax returns (1) The purpose of this section is to provide, for the purposes of administering the *Australian DMT tax, for a return that supplements the *GloBE Information Return. (2) Subject to subsection (5), a *Group Entity of an *Applicable MNE Group for a *Fiscal Year must give the Commissioner a return under this subsection (an Australian DMT tax return) for the Fiscal Year if the Group Entity has a *Australian DMT tax amount for the Fiscal Year (including a nil amount). Note: The Group Entity is required to give the Commissioner a DMT return if the Group Entity has an Australian DMT tax amount for the Fiscal Year, even if the amount of Australian DMT tax the Group Entity is liable to pay in relation to the Fiscal Year is nil. (3) The return must: (a) be *lodged electronically; and (b) be in the *approved form. (4) However, the return need not be lodged in circumstances set out in a determination under subsection (5). (5) The Commissioner may, by legislative instrument, make a determination specifying circumstances in which a *Group Entity need not lodge a return under subsection (2). 127‑50 Australian DMT tax returns given by Desig