GTL Summary:

Ministerial Decision No. 55 of 2025 implements Kuwait's DMTT framework under Decree-Law No. 157 of 2024. Article 46 provides special rules for calculating the Substance-Based Income Exclusion (SBIE). It specifies that the Eligible Payroll Costs and Eligible Tangible Assets of a Permanent Establishment (PE) are attributed to the PE's jurisdiction, not the Main Entity. The Article mandates proportional exclusion of these assets if the PE's income is excluded. It also requires separate SBIE calculations for entities like JVs and Investment Entities, and provides allocation rules for Flow-through Entities.

Document Type: ERS - Executive Regulations
Law: QDMTT Law (Decree-Law no. 157 of 2024)
Decision Number: executive-regulations-55-article-46
Year: 2025
Country: 🇰🇼 Kuwait
Official Name: Article 46 - Special Rules for SBIE
Last updated at: 2026-02-23 12:13:40 UTC

CHAPTER 5 - EFFECTIVE TAX RATE AND TAX (TOP-UP TAX)

Article 46 - Special Rules for SBIE

The Eligible Payroll Costs and Eligible Tangible Assets of a CE that is considered a PE are those recorded in the separate Financial Accounts of the CE considered as a PE, provided that the Eligible Employees and Eligible Tangible Assets are located in the state or jurisdiction in where the PE is situated.

The Eligible Payroll Costs and Eligible Tangible Assets of the PE shall not be included in the payroll costs and tangible assets of the Main Entity.

If the income of the PE is fully or partially excluded pursuant to Articles 31 and 55 of these ERs, the payroll costs and tangible assets of that PE shall also be excluded at the same proportion from the computation of the SBIE for the MNE Group.

The following adjustments must be made to the Eligible Payroll Costs and Eligible Tangible Assets of the PE for each Tax Period:

  1. The Eligible Payroll Costs and Tangible Assets considered in determining the GloBE income of the PE, in accordance with Article 31 of these ERs, shall be treated as attributable to the PE.

  2. Eligible Payroll Costs and Eligible Tangible Assets of the Main Entity that are not considered in determining the GloBE income of the PE under Article 31 of these ERs shall be excluded.

  3. Eligible Payroll Costs and Tangible Assets considered in determining the GloBE Income of a Stateless PE shall be treated as zero.

The SBIE must be calculated separately for each Stateless CE, apart from the SBIE calculation for the other CEs located within the State, for each Tax Period.

The SBIE must also be calculated separately for Investment Entities, Insurance investment Entities, JVs, JV Subsidiaries, MOCEs, and Minority-Owned Subgroups for each Tax Period, apart from the calculation for the other CEs located within the State.

The Eligible Payroll Costs and Eligible Tangible Assets of a Flow-through Entity which have not already been allocated under paragraphs (1) to (3) of this Article, shall be allocated in accordance with the following rules:

  1. If the FANIL of the Flow-through Entity is allocated to an CE-owner under clause 2 of paragraph 1 of Article 32 of these ERs, then the Eligible Payroll Costs and Tangible Assets shall be allocated at the same proportion to that CE-owner, provided that the Eligible Employees and Eligible Tangible Assets are located in the same state or jurisdiction as that CE.

  2. If the Flow-Through Entity is the UPE, the Eligible Payroll Costs and Eligible Tangible Assets located in the same state or jurisdiction as the UPE shall be allocated to the jurisdiction in which the UPE is located. These amounts must be reduced proportionally based on the exclusion ratio under paragraph 1 of Article 55 of these ERs.

  3. All other Eligible Payroll Costs and Eligible Tangible Assets of the Flow-through Entity must be excluded from the SBIE calculation for the MNE Group.

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