Article 65 - Application of Safe Harbor Rules

The Tax Administration is entitled to review and verify relevant data and documentation if the Taxpayer elects to apply a safe harbor rule, in accordance with Articles 60, 61, 62, and 63 of the ERs.

The Tax Administration has the right to object to the application of the GloBE Safe Harbor by notifying the DCE or Taxpayer within 36 months of receiving the Tax Return.

The notification mentioned in the preceding paragraph must include facts and circumstances that may have materially affected whether the CE met the conditions for a GloBE Safe Harbor.

The DCE may submit a response explaining the extent to which these facts and circumstances affect the application of the Safe Harbor under GloBE within (6) months from the date of the notification mentioned in the second paragraph of this Article.

If the DCE fails to prove that the facts and circumstances identified by the Tax Administration did not materially affect the eligibility of the MNE Group for the GloBE Safe Harbor in the State within the six-month response period, the GloBE Safe Harbor would not be applicable.

If the DCE demonstrates that the facts and circumstances identified by the Tax Administration did not affect materially the eligibility of the MNE Group for the GloBE Safe Harbor with respect to the CEs located in the State, the GloBE Safe Harbor would still be applicable and the ETR of the jurisdiction would still be treated as if it was above the Minimum Tax Rate.