GTL Summary:

Ministerial Decision No. 55 of 2025 establishes Kuwait's DMTT framework under Decree-Law No. 157 of 2024. Article 48 provides a De Minimis Exclusion, allowing a Designated Compliance Entity (DCE) to elect for a zero Top-Up Tax liability for a Constituent Entity (CE) in Kuwait for a specific Tax Period. This election is permissible provided the CE's average total revenue in the state is below EUR 10 million and its average total GloBE income is below EUR 1 million, or it incurs a loss. When this election applies, calculating the Effective Tax Rate is not required. The article also mandates proportional adjustment of these thresholds for tax periods shorter than 12 months.

Document Type: ERS - Executive Regulations
Law: QDMTT Law (Decree-Law no. 157 of 2024)
Decision Number: executive-regulations-55-article-48
Year: 2025
Country: 🇰🇼 Kuwait
Official Name: Article 48 - De Minimis Exclusion
Last updated at: 2026-02-23 12:13:40 UTC

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

Article 48 - De Minimis Exclusion

According to the election of the DCE, the Tax (Top-Up Tax) on a CE located in the State shall be zero for a Tax Period if the following conditions are met during that period:

  1. The average total revenue in the State is less than EUR 10 million (or its equivalent in Kuwaiti Dinar).

  2. The average total GloBE income or loss in the State is less than EUR 1 million (or its equivalent in Kuwaiti Dinar) or is a loss.

For the purposes of the above paragraph, the following shall apply:

  1. When the DCE makes the election referred to in the first paragraph of this Article, the calculation of the ETR shall not be required.

  2. If the Tax Period for the CE is less than 12 months, all amounts mentioned in the first paragraph of this Article shall be proportionally adjusted using the following formula:

    Number of Months in a Tax Period12 X Each amount mentioned in clause (1) & (2) of the first paragraph of this Article shall be considered separately

The election mentioned in the first paragraph of this Article is considered a one Tax Period election.

The average revenues (or GloBE income or loss) in the State means the average of revenues (or GloBE income or loss) in the State for the current Tax Period and the two preceding Tax Periods.

If there are no CEs in the State with revenues or GloBE income or loss during the first or second Tax Periods preceding the current Tax Period, those periods shall be excluded from the calculation of the average revenues and average GloBE income or loss, for the purposes of determining whether the De Minimis Exclusion applies.

For the purposes of the preceding paragraph, the following provisions shall apply:

  1. Revenues in the State for a Tax Period are the total revenues of all CEs located in the State during that Tax Period, taking into account adjustments calculated in accordance with Chapter 3.

  2. GloBE income or loss in the State for a Tax Period is defined as the Net GloBE Income in the State, if any, or the Net GloBE Loss in the State.

In the event of amendments after the submission of the Tax Return, the following provisions shall apply:

  1. Subsequent amendments to the Tax Return that lead to a decrease in revenues or GloBE income for a prior Tax Period shall not be considered.

  2. Subsequent amendments to the Tax Return that lead to an increase in revenues or GloBE income for a prior Tax Period shall be considered, and the applicability of the provisions in the first paragraph of this Article shall be recalculated for the relevant Tax Periods.

The election provided in this Article does not apply to a CE that is a Stateless CE or an Investment Entity or an Insurance Investment Entity. Revenues and GloBE income or loss of such Stateless CEs, Investment Entities, and Insurance Investment Entities shall be excluded from the calculations mentioned in the fourth paragraph of this Article.

JVs and JV Subsidiaries shall be treated as if they constitute a separate MNE Group, and the minimum revenue and income exclusion tests pursuant to this Article shall be applied separately to those Entities.

In the case of acquisitions of Entities in a merger transaction by an MNE Group, revenues and GloBE income or loss of those Entities for Tax Periods preceding the merger shall not be taken into account.

In the event that a CE leaves an MNE Group, the revenues and GloBE Income or Loss of that Entity shall be taken into account for the Tax Periods preceding the disposal of that Entity.

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