GTL Summary:

Ministerial Decision No. 55 of 2025 provides the executive regulations for Kuwait's DMTT framework. Article 49 specifically addresses the calculation of the Effective Tax Rate (ETR) and Top-up Tax for Minority-Owned Constituent Entities (MOCEs). It mandates that MOCEs, whether part of a Minority-Owned Subgroup or standalone, must compute their ETR and any resulting Top-up Tax as if they were a separate MNE Group. Consequently, their Adjusted Covered Taxes and GloBE Income are excluded from the main MNE Group’s calculations. This provision excludes Investment Entities.

Document Type: ERS - Executive Regulations
Law: QDMTT Law (Decree-Law no. 157 of 2024)
Decision Number: executive-regulations-55-article-49
Year: 2025
Country: 🇰🇼 Kuwait
Official Name: Article 49 - Minority-owned Constituent Entities ( MOCE )
Last updated at: 2026-02-23 12:13:40 UTC

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

Article 49 - Minority-owned Constituent Entities (MOCE)

The ETR and Tax (Top-Up Tax) in the State shall be calculated according to Chapters Three through Eight[G2] of these ERs for members of Minority-Owned Subgroups as if they constitute a separate MNE group.

Adjusted covered taxes and the GloBE Income or Loss related to members of the Minority Owned Subgroup shall be excluded when determining the residual ETR for the MNE Group and the Net GloBE Income in accordance with Article 41 of these ERs.

The ETR and Tax (Top-Up Tax) shall be calculated separately for any MOCE that is not a member of a Minority-Owned Subgroup, according to Chapters Three through Eight[G2].

Adjusted covered taxes and GloBE income or Loss related to such MOCE shall be excluded when determining the residual ETR for the MNE Group and the Net GloBE Income in accordance with Article 41 of these ERs.

The provisions of the Third and Fourth paragraphs of this Article shall not apply if the MOCE is an Investment Entity or an Insurance Investment Entity.

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