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AI Summary of 111AP. Multi-parented MNE and large-scale domestic groups.
'Consolidated financial statements of the multi‑parented MNE group or multi‑parented large‑scale domestic group' are the combined consolidated accounts referred to in the definitions of 'stapled structure' and 'dual‑listed arrangement', prepared under an acceptable accounting standard deemed to be the accounting standard of the ultimate parent entity. A 'dual‑listed arrangement' requires contractual combination, fixed‑ratio distributions, single‑unit management under contract, independent capital‑market listings, and consolidated audited statements. A 'stapled structure' requires 50% or more combined ownership interests that cannot be transferred independently and a consolidated audited statement by one ultimate parent.
Entities and constituent entities of two or more groups that form a multi‑parented MNE group or multi‑parented large‑scale domestic group are treated as members of a single such group. A constituent entity is one consolidated line‑by‑line or whose controlling interests are held by entities in the group, unless excluded. The separate ultimate parents are treated as the ultimate parents of the multi‑parented group. Sections 111E–111J apply to parent and ultimate parent entities for their allocable share of top‑up tax; Sections 111L–111N and 111AZ apply to constituent entities. Ultimate parent entities must file the top‑up tax information return under section 111AAI unless a designated filing entity is appointed.
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111AP. Multi-parented MNE and large-scale domestic groups.
(1) In this section -
'consolidated financial statements of the multi-parented MNE group or multi-parented large-scale domestic group' means the combined consolidated financial statements referred to in the definition in this subsection of a 'stapled structure' or a 'dual-listed arrangement', prepared under an acceptable financial accounting standard, which is deemed to be the accounting standard of the ultimate parent entity;
'dual-listed arrangement' means an arrangement entered into by 2 or more ultimate parent entities of separate groups under which -
(a) the ultimate parent entities agree to combine their business by contract alone,
(b) pursuant to contractual arrangements the ultimate parent entities will make distributions, with respect to dividends and in liquidation, to their shareholders based on a fixed ratio,
(c) the ultimate parent entities' activities are managed as a single economic unit under contractual arrangements while retaining their separate legal identities,
(d) the ownership interests of the ultimate parent entities that comprise the agreement are quoted, traded or transferred independently in different capital markets, and
(e) the ultimate parent entities prepare consolidated financial statements -