(1)The filing member of a multinational group may make an investment entity tax transparency election in relation to a member of the group that is an investment entity (“M”) and a member of the group with ownership interests in that entity (“O”).
(2)For the purposes of determining whether O has ownership interests in M, only interests that give rise to a share of profits are to be taken into account.
(3)An investment entity tax transparency election is an election that, for the purposes of sections 168 (underlying profits of transparent entities) and 178 (covered taxes of transparent entities)—
(a)M is to be treated as a flow-through entity,
(b)M is to be treated as regarded as tax transparent in the territory of O, and
(c)O is to be treated as having direct ownership interests in M.
(4)To determine the percentage of direct ownership interest O is to be treated as having in M, section 246(1) applies as if paragraph (b) were omitted, and for those purposes only interests that give rise in a share of profits are relevant.
(5)The filing member may only make such an election if—
(a)an election under section 214 is not in effect in relation to M and O, and
(b)either—
(i)O is subject to tax (in the territory in which O is located) on increases in the fair value of its ownership interests in M, and the rate of tax applicable to such increases is equal to or exceeds 15%, or
(ii)O is a regulated mutual insurance entity.
(6)An entity is a “regulated mutual insurance entity” if—
(a)it is regulated or authorised to carry on insurance business, and
(b)it is wholly owned by persons with which it has entered into insurance contracts.
(7)Paragraph 1 of Schedule 15 (long term elections) applies to an election under this section.
(8)Subsection (9) applies where—
(a)an election under this section has been revoked, and
(b)the adjusted profits of M fall to be determined for the first accounting period in respect of which the election no longer applies (the “revocation period”).
(9)In determining those profits, the value of any gain or loss from the disposition of an asset or liability by M is to be determined by reference to the fair value of the asset or liability as at the first day of the revocation period.
(10)Subsection (11) applies where—
(a)an election under this section has been revoked, and
(b)the adjusted profits of M fall to be determined for an accounting period—
(i)after the revocation period, but
(ii)before an accounting period for which a further election under this section has been made.
(11)In determining those profits, the value of any gain or loss from the disposition of an asset or liability by M is to be determined by reference to—
(a)if M’s assets and liabilities are accounted for on a realisation basis, the fair value of the asset or liability as at the first day of the revocation period;
(b)if M’s assets and liabilities are accounted for on a fair value basis, the fair value of the asset or liability as accounted for at the end of the previous accounting period.