GTL Summary:

Ministerial Decision No. 55 of 2025 details Kuwait's DMTT framework under Decree-Law No. 157 of 2024. Article 63 establishes the rules for the Transitional Country-by-Country Reporting Safe Harbour (TCSH). It specifies that Joint Ventures are treated as separate MNE Groups and sets conditions for Flow-through Ultimate Parent Entities. The article provides special rules for Investment Entities, including a separate ETR calculation, and mandates the exclusion of net unrealised fair value losses exceeding EUR 50 million. Stateless entities and certain multi-parented groups are explicitly excluded from this safe harbour.

Document Type: ERS - Executive Regulations
Law: QDMTT Law (Decree-Law no. 157 of 2024)
Decision Number: executive-regulations-55-article-63
Year: 2025
Country: 🇰🇼 Kuwait
Official Name: Article 63 - Treatment of Certain Entities and Groups under the Transitional Safe Harbor for Country-by-Country Reporting ( TCSH )
Last updated at: 2026-02-23 12:13:40 UTC

CHAPTER 8 - SAFE HARBOR AND INITIAL PHASE OF INTERNATIONAL ACTIVITY

Article 63 - Treatment of Certain Entities and Groups under the Transitional Safe Harbor for Country-by-Country Reporting (TCSH)

The provisions of the TCSH shall apply to the JV and its subsidiaries as if they were CEs of a separate MNE Group, except that the GloBE Income or Loss and Total Revenue would be the ones reported in the Qualified Financial Statements.

The TCSH shall not apply in the UPE jurisdiction where the UPE is a Flow-through Entity unless all the Ownership Interests in the UPE are held by Qualified Persons.

Taking the preceding paragraph into consideration, if the UPE is a Flow-through Entity, then the amount of pre-tax profit (or loss) attributable to the UPE, and any other taxes related thereto, shall be allocated or distributed in proportion to the Ownership Interest held by a Qualified Person.

A Qualified Person, in relation to a UPE that is a Flow-Through Entity, refers to the holder of the Ownership Interest, as stated in Article 55 of these ERs.

Where an Investment Entity is resident in the State for CbCR purposes, the following applies:

  1. As per the below paragraph, the Investment Entity must separately calculate its ETR in accordance with Articles 56, 57, and 58 of the ERs.

  2. The profit or loss before income tax and Revenue of the Investment Entity (and any associated taxes) shall be reflected only in the State in proportion to the Ownership Interest of the direct CE-owners in the State.

Separate ETR calculation is not required where no election is made under 57 and 58 and all CE-owners are resident in the State.

Investment Entities also include Insurance Investment Entities.

A Net Unrealized Fair Value Loss shall be excluded from Profit (Loss) Before Income Tax if that loss exceeds EUR 50 million (or its equivalent in Kuwaiti Dinar) in a jurisdiction in a Tax Period.

This means the net of all losses and gains resulting from changes in the fair value of equity interests (excluding Portfolio Shareholdings).

Net Unrealized Fair Value Loss means the sum of all losses, as reduced by any gains, which arise from changes in fair value of Ownership Interests (except for Portfolio Shareholdings).

The following CEs and MNE Groups are excluded from the TCSH:

  1. Stateless CEs;

  2. Multi-parented MNE Groups where a Qualified CbC Report does not include combined group information.

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