GTL Summary:

Ministerial Decision No. 55 of 2025 establishes Kuwait's DMTT framework under Decree-Law No. 157 of 2024. Article 29 specifies the treatment of regulatory capital instruments when calculating GloBE Income or Loss. It mandates that distributions paid on Additional Tier One (AT1) and Restricted Tier One (RT1) Capital, which decrease a Constituent Entity's equity, are treated as deductible expenses. Conversely, distributions received from holding such instruments are treated as income. This provision specifically addresses prudential instruments in the banking and insurance sectors, aligning their tax treatment with OECD Pillar Two standards.

Document Type: ERS - Executive Regulations
Law: QDMTT Law (Decree-Law no. 157 of 2024)
Decision Number: executive-regulations-55-article-29
Year: 2025
Country: 🇰🇼 Kuwait
Official Name: Article 29 - Additional Tier One Capital and Restricted Tier One Capital
Last updated at: 2026-02-23 12:13:40 UTC

CHAPTER 3 - GLOBE INCOME OR LOSS

Article 29 - Additional Tier One Capital and Restricted Tier One Capital

Amounts recognized as a decrease to the equity of a CE attributable to distributions paid or payable in respect of Additional Tier One Capital or Restricted Tier One Capital issued by that Entity shall be treated as an expense when calculating the GloBE income or loss for that Entity.

Amounts recognized as increases in the equity of the CE attributable to distributions received or receivable in respect of Additional Tier One Capital or Restricted Tier One Capital held by the CE are treated as income when calculating the GloBE income or loss for that Entity.

Additional Tier One Capital refers to any instrument issued by a CE under regulatory prudential requirements applicable to the banking sector, which is convertible into equity or written down upon the occurrence of a predefined trigger event, and has other features designed to help absorb losses during a financial crisis.

Restricted Tier 1 Capital refers to any financial instrument issued by a CE under prudential regulatory requirements applicable to the insurance sector, convertible into equity or written off upon the occurrence of a prespecified trigger event and characterized by features intended to aid loss absorbency during a financial crisis.

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