Decree 236/2025/ND-CP guiding Resolution 107/2023/QH15 on Top-up Tax

• Official number: 236/2025/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Ho Duc Phoc
• Issued Date: 29/08/2025

THE GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No. 236/2025/ND-CP	Hanoi, August 29, 2025

DECREE

ELABORATION OF SOME ARTICLES OF THE NATIONAL ASSEMBLY’S RESOLUTION NO. 107/2023/QH15 DATED NOVEMBER 29, 2023 ON APPLICATION OF TOP-UP TAX UNDER THE GLOBAL ANTI-BASE EROSION RULES

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Tax Administration No. 38/2019/QH14; the Law No. 56/2024/QH15 on Amendments to the Law on Securities, the Law on Accounting, the Law on Independent Audit, the Law on State Budget, the Law on Management and Use of Public Property, the Law on Tax Administration, the Law on Personal Income Tax, the Law on National Reserves, the Law on Handling of Administrative Violations;

Pursuant to the National Assembly’s Resolution No. 107/2023/QH15 on Application of Top-up Tax under the Global Anti-Base Erosion rules;

At the request of the Minister of Finance;

The Government promulgates the Decree on Elaboration of some Articles of the National Assembly’s Resolution No. 107/2023/QH15 dated November 29, 2023 on Application of Top-up Tax under the Global Anti-Base Erosion rules.

Chapter I

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Article 1. Scope

This Decree elaborates some Articles of the National Assembly’s Resolution No. 107/2023/QH15 dated November 29, 2023 on Application of Top-up Tax under the Global Anti-Base Erosion (GloBE) rules

Article 2. Regulated entities

1. Taxpayers prescribed in Article 3 of this Decree;

2. Tax authorities, tax officials;

3. Other state agencies, organizations and individuals involved in the implementation of GloBE rules.

Article 3. Taxpayers

1. A taxpayer is a Constituent Entity of a Multinational Enterprise (MNE) Group whose annual revenue, according to the consolidated financial statement of its Ultimate Parent Entity, equals or exceeds 750 million Euros (EUR) in at least 02 years out of 04 years preceding the fiscal year in which tax liability is being determined, except those falling under the exclusion criteria (excluded entities) specified in Clause 1 Article 2 of Resolution No. 107/2023/QH15 and Clause 3 of this Article. Constituent Entities are those defined by Clause 7 Article 3 of Resolution No. 107/2023/QH15.

In cases where a newly established MNE Group has been operating for less than 04 years preceding the fiscal year in which tax liability is being determined and has an annual revenue of at least 750 million EUR in at least 02 years according to the consolidated financial statement of its Ultimate Parent Entity, the Constituent Entity of that MNE Group shall also be considered a Taxpayer.

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a) If one or more fiscal years of the MNE Group span a period other than 12 months, the revenue threshold of 750 million EUR for each of these fiscal years shall be determined based on the number of days in that fiscal year divided by 365.

b) Determination of consolidated revenue of the Ultimate Parent Entity in case of merger or consolidation in any fiscal year of the four fiscal years preceding the fiscal year in which tax liability is being determined:

b.1) In cases where two or more corporate groups merge or consolidate to form an MNE Group, the consolidated revenue threshold for each fiscal year prior to the year of merger or consolidation shall be the sum of annual revenues reported in the consolidated financial statements of the groups before the merger or consolidation. If the parties use different fiscal years, the start and end dates of each party’s fiscal year shall be the start and end dates of the fiscal year of the newly formed group after the merger or consolidation. If any entity has a fiscal year that is not 12 months in length, the provisions under Point a Clause 2 of this Article shall apply.

b.2) In cases where two independent entities, neither of which is a member of any corporate group, merge or consolidate to form a new group, and each entity only had its own separate financial statements prior to the merger or consolidation, the consolidated revenue threshold for each fiscal year prior to the year of merger or consolidation shall be the annual revenue reported in the financial statements of each entity. If the parties use different fiscal years, the start and end dates of each party’s fiscal year shall be the start and end dates of the fiscal year of the newly formed group after the merger or consolidation. If any entity has a fiscal year that is not 12 months in length, the provisions under Point a Clause 2 of this Article shall apply.

b.3) In cases where an entity merges or consolidates into a corporate group, or a corporate group merges or consolidates into an entity that is not a member of any group, the consolidated revenue threshold for each fiscal year prior to the year of merger or consolidation shall be determined by adding the annual revenue reported in the financial statements of the entity to the revenue reported in the consolidated financial statement of the group for the same year. If the parties use different fiscal years, the start and end dates of each party’s fiscal year shall be the start and end dates of the fiscal year of the newly formed group after the merger or consolidation. If any entity has a fiscal year that is not 12 months in length, the provisions under Point a Clause 2 of this Article shall apply.

b.4) Circumstances considered as a merger or consolidation for determining the consolidated revenue of the ultimate parent:

b.4.1) An agreement resulting in all or most member entities of two or more separate corporate groups being placed under common control to form member entities of a single MNE Group;

b.4.2) An agreement resulting in a standalone entity that is not previously part of any group being placed under common control together with another entity or corporate group to form an MNE Group.

c) Cases of division or separation of an MNE Group:

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c.1.1) For the first fiscal year in which tax liability is being determined after the division or separation: The revenue in the consolidated financial statements of the Ultimate Parent Entity of the MNE Group must be equivalent to 750 million EUR or more. If the first fiscal year of the new group is not 12 months in length, the revenue in the consolidated financial statements of the Ultimate Parent Entity shall be adjusted according to the provisions of Point a Clause 2 of this Article.

c.1.2) For the fiscal years in which tax liability is being determined from the second to the fourth year after the division or separation: There must be at least 2 years, starting from the year after the division or separation, in which the annual revenue in the consolidated financial statements of the Ultimate Parent Entity of the MNE Group is equivalent to 750 million EUR or more.

c.2) The cases considered as division or separation for the purpose of determining the consolidated revenue of the Ultimate Parent Entity under the provision of this Point include agreements that result in the member entities of a group being divided or separated into two or more independent multinational groups, thus no longer included in the same consolidated financial statements of the same Ultimate Parent Entity.

3. Excluded entities include:

a) The entities specified in Points a through e Clause 1 Article 2 of Resolution No. 107/2023/QH15. The excluded entities referred to in this Point shall be determined in accordance with provisions of paragraphs 5 through 9 of Appendix I, paragraph 10.1, paragraph 10.4 Section III of Appendix II; Clause 4 Article 3 of Resolution No. 107/2023/QH15 and paragraph 2 of Appendix 1.

b) The entities referred to in Point g Clause 1 Article 2 of Resolution No. 107/2023/QH15 include:

b.1) Any entity that has at least 95% of its value owned directly or indirectly through one or more excluded entities mentioned in Point a of this Clause (excluding pension service organizations), and falls into one or both of the following categories:

b.1.1) The entity operates solely or primarily to hold assets or invest capital for the benefit of the excluded entities;

b.1.2) The entity only performs ancillary activities that support operations carried out by the excluded entities or by third parties that are at least 95% owned by such excluded entities;

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c) The determination of an excluded entity under Point b of this Clause is based on the entity’s overall activities, including those conducted through its permanent establishment. If an entity is classified as an excluded entity, all of its activities, including those carried out by its permanent establishment, shall be excluded from the scope of the GloBE Rules.

d) An entity that is a member of a corporate group and is owned by an investment fund or a real estate investment organization that meets the conditions set out in Point b of this Clause shall be treated as an excluded entity, even if the investment fund or real estate investment organization is not the Ultimate Parent Entity of that group.

dd) In cases where an entity prescribed in Point b.1.2 of this Clause is wholly owned directly or indirectly by a non-profit organization, the activities of such entity shall be considered ancillary activities if the total revenue of the members of the group (excluding revenue from the non-profit organization or from an excluded entity prescribed in Point b.1.1 or Point b.2 of this Clause, or any other entity treated as an excluded entity under this Point) is less than 25% of the total revenue of the MNE Group and less than 750 million EUR (if the fiscal year is not 12 months in length, regulations of Point a Clause 2 of this Article shall apply).

e) Revenues of excluded entities shall be aggregated with the revenue of the group when determining the consolidated revenue threshold.

g) The Filing Constituent Entity may elect to waive the right to apply Clause 3 of this Article with respect to an entity that qualifies as an excluded entity. The election under this Clause shall be subject to the 5-year election rule.

Chapter II

SPECIFIC PROVISIONS

Section 1. Qualified Domestic Minimum Top-Up Tax

Article 4. Rules for application of regulations on Qualified Domestic Minimum Top-Up Tax (QDMTT)

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2. In cases where an MNE Group has more than one Constituent Entity in Vietnam, the Filing Constituent Entity shall be required to determine the QDMTT liability for all Constituent Entities in Vietnam of such MNE Group.

The MNE Group may decide how to allocate the QDMTT payable among its Constituent Entities in Vietnam and must specify the allocated tax amounts in the supplemental corporate income tax declaration (Form No. 01/ TNDN-QDMTT) issued together with this Decree.

3. The QDMTT regulations do not apply to Constituent Entities with undetermined country or territory of residence (hereinafter referred to as the “jurisdiction”), permanent establishments with undetermined jurisdictions and Investment Entities.

Stateless Constituent Entities (Constituent Entities with undetermined jurisdictions) are prescribed in Point 1.2 Section I of Appendix II, permanent establishments with undetermined jurisdictions are prescribed in Point 2.4 Section I of Appendix II, Investment Entities are prescribed in Point 10.1 Section III of Appendix II.

4. The fiscal year for applying QDMTT shall be determined based on the fiscal year of the Ultimate Parent Entity, except as provided in Point 15 Section II of Appendix II.

Article 5. Determination of QDMTT

1. QDMTT shall be determined using the formula specified in Clause 2 Article 4 of Resolution No. 107/2023/QH15, where:

a) The Top-up Tax Rate shall be determined in accordance with Clause 3 Article 4 of Resolution No. 107/2023/QH15. The Top-up Tax Rate shall be rounded to the fourth decimal place.

In cases where the Top-up Tax Rate exceeds the minimum rate (due to the Effective Tax Rate being less than 0), the MNE Group shall apply a Top-up Tax Rate of 15%. In such cases, any negative adjusted covered taxes for the fiscal year in which tax liability is being determined shall be carried forward to subsequent years to be offset against adjusted covered corporate income tax incurred in Vietnam when calculating the Effective Tax Rate in Vietnam and in accordance with the procedures for management of excess negative tax expenses as specified in Point 8.6 Section II of Appendix II.

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b.1) Covered corporate income tax in Vietnam include: Taxes recorded in the accounting books that relate to the incomes or profits of a Constituent Entity, or to the portion of incomes or profits of another Constituent Entity in which the entity holds an Ownership Interest; other taxes of a similar nature to corporate income tax, except: top-up tax pre-accrued by the Ultimate Parent Entity under a Qualified IIR (if applicable); top-up taxes pre-accrued by a Constituent Entity under QDMTT regulations; taxes on incomes from investment paid by a Constituent Entity that is an insurer on behalf of policyholders.

b.2) Adjusted covered corporate income tax in Vietnam is the amounts of corporate income tax incurred in Vietnam that are covered by Point b.1 of this Clause and adjusted by Points 7 through 11 Section II of Appendix II.

b.3) Effective Tax Rate shall be calculated separately in the following cases:

b.3.1) Minority-Owned Constituent Entities in a Minority-Owned Subgroup whose Ultimate Parent Entity is also a minority owner.

b.3.2) Minority-Owned Constituent Entities that are not members of a Minority-Owned Subgroup. Minority-Owned Constituent Entities and Minority-Owned Subgroups are prescribed in Point 12 Section II of Appendix II.

c) Excess Profit shall be determined in accordance with Clause 6 Article 4 of Resolution No. 107/2023/QH15, where:

c.1) Net GloBE Income shall be determined in accordance with Clause 7 Article 4 of Resolution No. 107/2023/QH15, ensuring that the income or loss of each Constituent Entity under the GloBE Rules are the net income or loss reported in the financial statements (prepared under the same financial accounting standards used for preparation of the consolidated financial statements of the Ultimate Parent Entity) of that Constituent Entity for the fiscal year in which the tax liability is being determined before any consolidated adjustment is made to eliminate intra-group transactions, and shall be adjusted in accordance with Points 1 through 5 Section II of Appendix II.

c.2) Tangible asset carve-out and payroll carve-out (Substance-Based Income Exclusion) under the GloBE Rules shall be determined in accordance with Clause 8 Article 4 of Resolution No. 107/2023/QH15. In Vietnam, Tangible asset carve-out and payroll carve-out under the GloBE rules include the total amount of deductions for tangible assets and the total amount of deductions for payroll of each Constituent Entity, excluding those that qualify as Investment Entities. The method for determining deductions for tangible assets and payroll is set out in Point 6 Section II of Appendix II.

d) Additional Current Top-up Tax includes:

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d.2) Top-up tax incurred under Point 8.5 Section II Appendix II of this Decree, unless the Filing Constituent Entity has elected to apply the provisions under Point 8.6 Section II of Appendix II.

2. QDMTT shall be deemed to be zero (0) for the year in which the tax liability is determined according to Clause 9 Article 4 of Resolution No. 107/2023/QH15, except in the cases specified in Clause 3 of this Article, where:

a) The average revenue, average income or average loss in Vietnam shall be determined in accordance with Clause 14 Article 3 of Resolution No. 107/2023/QH15.

If none of the Constituent Entities of an MNE Group has revenue, income, or loss in Vietnam under the GloBE rules in the first or second fiscal year preceding the fiscal year for which the tax liability is determined, those years shall be excluded when calculating average revenue, average income, or average loss under the GloBE rules in Vietnam. In cases where the MNE Group has a Minority-Owned Constituent Entity, the average revenue and average income mentioned above shall include the revenue and income of that Constituent Entity.

b) If a Constituent Entity has a fiscal year that is not 12 months in length, its revenue, income or loss for that year shall be adjusted in accordance with Point a Clause 2 Article 3 of this Decree.

c) The Filing Constituent Entity may choose whether or not to apply the provisions of this Clause.

3. QDMTT in Vietnam shall not be determined as zero (0) in case there are post-filing adjustments that affect the Effective Tax Rate provisions, resulting in average income and average revenue in Vietnam exceeding the threshold set out in Clause 9 Article 4 of Resolution No. 107/2023/QH15 for the previous fiscal years. The Filing Constituent Entity must submit the GloBE Information Return, declare and pay tax for those fiscal years and any relevant fiscal years (if any).

4. The determination of the QDMTT for Minority-Owned Constituent Entities, Constituent Entities entering or leaving MNE Groups, transfer of assets and liabilities, Joint Ventures (JVs), Multi-Parented MNE Groups, a permanent establishment whose Ultimate Parent Entity is a Flow-through Entity shall comply with provisions of Points 12 through 17 Section II of Appendix II.

Section 2. INCOME INCLUSION RULE

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1. The Ultimate Parent Entity, Partially-Owned Parent Entity, Intermediate Parent Entity that is a Constituent Entity defined in Article 2 of Resolution No. 107/2023/QH15, directly or indirectly owns an Ownership Interest in Low-Taxed Constituent Entities located in other jurisdictions under the GloBE rules at any time during the fiscal year (taxpayers) shall apply the Income Inclusion Rule (IIR); declare and pay a minimum amount of tax under the IIR equal to its allocable share of Top-up Tax under the GloBE rules of these Low-Taxed Constituent Entities for the fiscal year, unless this Top-up Tax has been paid in another jurisdiction where Qualified IIR is in effect and prioritized under the GloBE rules on tax collection order.

Ownership Interest refers to equity interests, meaning the owner has rights to profits, capital, or other equity-related amounts of an entity, including permanent establishments of the main company or Flow-through Entities, permanent establishments of Flow-through Entities. Equity interests are determined according to the equity items under the same financial accounting standards used to prepare consolidated financial statements.

2. Order of priority for application of IIR under the GloBE rules:

a) The Partially-Owned Parent Entity that is a Vietnamese resident and directly or indirectly holds ownership in an overseas Low-Taxed Constituent Entity at any time during the fiscal year in which the tax liability is determined must pay tax equal to that Partially Owned Parent Entity's allocable share of the Top-up Tax of from the overseas Low-Taxed Constituent Entity in that fiscal year, unless the Partially Owned Parent Entity is a Vietnamese resident and wholly owned, directly or indirectly, by another Partially Owned Parent Entity that is already subject to Qualified IIR in Vietnam or another jurisdiction for that fiscal year.

b) An Ultimate Parent Entity that is a Constituent Entity of an MNE Group, is a Vietnamese resident, directly or indirectly holds ownership in an overseas Low-Taxed Constituent Entity at any point during the fiscal year in which the tax liability is determined must pay tax equal to the Ultimate Parent Entity's allocable share of the Top-up Tax of the overseas Low-Taxed Constituent Entity for that fiscal year.

c) The Intermediate Parent Entity of an MNE Group in Vietnam that directly or indirectly holds ownership in a overseas Low-Taxed Constituent Entity at any point during the fiscal year in which the tax liability is determined must pay tax equal to the Intermediate Parent Entity's allocable share of the Top-up Tax of the overseas Low-Taxed Constituent Entity for that fiscal year, unless the Ultimate Parent Entity of the MNE Group is already subject to Qualified IIR in Vietnam or another jurisdiction for that fiscal year; or another Intermediate Parent Entity having the right to directly or indirectly controls the initial Intermediate Parent Entity is already subject to Qualified IIR in Vietnam or another jurisdiction for that fiscal year.

3. Jurisdictions subject to Qualified IIR are those on the list published by the Inclusive Framework on Base Erosion and Profit Shifting

Article 7. Determination of Jurisdictional Top-up Tax

1. Jurisdictional Top-up Tax shall be determined using the formula specified in Clause 2 Article 5 of Resolution No. 107/2023/QH15, where:

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b) Effective Tax Rate in a jurisdiction shall be calculated every fiscal year using the formula specified in Clause 5 Article 5 of Resolution No. 107/2023/QH15, where:

b.1) Covered corporate income tax in a jurisdiction include: Taxes recorded in the accounting books that relate to the incomes or profits of a Constituent Entity, or to the portion of incomes or profits of another Constituent Entity in which the entity holds an Ownership Interest; other taxes of a similar nature to corporate income tax, taxes on distributed profits, amounts treated as distributed profits or expenses unrelated to business operations under the QDMTT rules, and taxes on retained profits and equity, including taxes on incomes and equity items, except: Top-up Tax pre-accrued by the Ultimate Parent Entity under Qualified IIR (if any); Top-Up Tax pre-accrued by a Constituent Entity under the QDMTT rules; taxes on incomes from investment paid by a Constituent Entity that is an insurer on behalf of policyholders, Non-Qualified Refundable Tax Credit, taxes related to adjustments made by a Constituent Entity due to application of a Qualified Undertaxed Profits Rule (UTPR), if applicable.

b.2) Adjusted covered corporate income tax in a jurisdiction is the amounts of corporate income tax that are covered by Point b.1 of this Clause and adjusted by Point 3 and Point 4 Section III of Appendix II.

b.3) Effective Tax Rate shall be calculated separately in the following cases:

b.3.1) Minority-Owned Constituent Entities in a Minority-Owned Subgroup.

b.3.2) Minority-Owned Constituent Entities that are not members of a Minority-Owned Subgroup.

b.3.3) Stateless Constituent Entities. Each Stateless Constituent Entity is considered an independent Constituent Entity residing in a separate jurisdiction when determining Effective Tax Rate and Top-up Tax.

b.3.4) Investment Entities.

b.4) Adjusted covered taxes and incomes or losses under the GloBE rules of the Constituent Entities specified in Point b.3 Clause 1 of this Article must be excluded when determining Effective Tax Rate and Net GloBE income rules as prescribed in this Article in a jurisdiction.

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c.1) Net GloBE income shall be determined in accordance with Point c.1 Clause 1 Article 5 of this Decree and Point 1 Section III of Appendix II.

c.2) Tangible asset carve-out and payroll carve-out under the GloBE Rules shall be determined in accordance with Point c.2 Clause 1 Article 5 of this Decree and Point 2 Section III of Appendix II.

d) Additional Current Top-up Tax shall be determined in accordance with Point d Clause 1 Article 5 of this Decree.

d.1) In cases where, under Point d.1 Clause 1 Article 5 of this Decree, a taxpayer incurs Additional Current Top-up Tax in a jurisdiction during the fiscal year in which tax liability is determined but there is no GloBE Income in that jurisdiction for the same fiscal year, the GloBE income of each Constituent Entity in that jurisdiction, which is used for computation of the Parent Entity’s allocable share of the Low-Taxed Constituent Entities, shall be equal that entity’s allocable shares of Top-up Tax divided by (:) the minimum rate. The Top-up Tax allocated to each entity in this case shall be calculated according to the ratio of that entity’s GloBE Income to the total GloBE Income of all Constituent Entities in the jurisdiction for the fiscal year in which the recomputation under Point d.1 Clause 1 Article 5 of this Decree occurs.

d.2) In cases where, under Point d.2 Clause 1 Article 5 of this Decree, a taxpayer incurs Additional Current Top-up Tax in a jurisdiction during the fiscal year in which tax liability is determined, the GloBE income of each Constituent Entity in that jurisdiction, which is used for computation of the Parent Entity’s allocable share of the Low-Taxed Constituent Entities in the fiscal year, shall be equal to that entity’s allocable shares of Top-up Tax divided by (:) the minimum rate. The Additional Current Top-up Tax allocated to each entity specified in this Point may only be allocated to Constituent Entities that have recorded Adjusted Covered Taxes less than zero (0) and less than the GloBE income or loss of those Constituent Entities multiplied by (x) the minimum rate. The allocation ratio shall be based on the amount determined for each entity, which is calculated using the formula:

Amount for determination of allocation ratio for each Constituent Entity = (GloBE Income or Loss x Minimum Rate) – Adjusted Covered Taxes.

d.3) Any Constituent Entity to which Additional Current Top-up Tax is allocated under Point d.1, Point d.2 of this Clause and Clause 10 Article 5 of Resolution No. 107/2023/QH15 shall be classified as a Low-Taxed Constituent Entity.

dd) When calculating the Top-up Tax payable under the IIR, the amount of QDMTT already calculated in a jurisdiction for the same fiscal year in which tax liability is determined shall be deductible. Jurisdictions implementing QDMTT regulations are those included in the list published by the Inclusive Framework on Base Erosion and Profit Shifting.

e) The Parent Entity’s allocable shares of the Top-up Tax of Low-Taxed Constituent Entities shall be determined in accordance with Clause 11 Article 5 of Resolution No. 107/2023/QH15, where:

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e.1.1) It is confirmed that the parent entity has prepared the consolidated financial statement under the same accounting standards used for preparation of consolidated financial statements of the Ultimate Parent Entity (hypothetical consolidated financial statement);

e.1.2) The parent entity has control over the Low-Taxed Constituent Entity such that all incomes and expenses of the Constituent Entity are consolidated proportionally to the incomes and expenses of the parent entity in the hypothetical consolidated financial statement;

e.1.3) All GloBE incomes of the Low-Taxed Constituent Entity are generated by transactions with parties outside the group;

e.1.4) All Ownership Interests not held directly or indirectly by the parent entity are deemed to be held by parties outside the group.

e.2) In cases where he Low-Taxed Constituent Entity is a Flow-through Entity, its GloBE income used for allocating Top-up Tax under the IIR shall exclude incomes already allocated to the Flow-through Entity’s owner that is not a member of the group and holds Ownership Interests in the Flow-through Entity directly or indirectly through a chain of Tax Transparent Entities.

g) If a parent entity indirectly holds Ownership Interests in a Low-Taxed Constituent Entity through either an Intermediate Parent Entity or a Partially Owned Parent Entity that does not qualify for exclusion from application of the IIR under Point a or Point c Clause 2 Article 6 of this Decree, then the Parent Entity’s allocable shares of the Top-up Tax of that Low-Taxed Constituent Entity shall be reduced. The tax reduction amount shall equal the portion of Parent Entity’s allocable shares of Top-up Tax and has already been charged under Qualified IIR by the Intermediate Parent Entity or Partially Owned Parent Entity.

2. Jurisdictional Top-up Tax shall be deemed to be zero (0) according to Clause 12 Article 5 of Resolution No. 107/2023/QH15, except in the cases specified in Clause 3 of this Article, where:

a) Average revenue, average income, or average loss in a jurisdiction shall be determined in accordance with Clause 14 Article 3 of Resolution No. 107/2023/QH15. If none of the Constituent Entities of has revenue, income, or loss under the GloBE rules in the first or second fiscal year preceding the fiscal year for which the tax liability is determined, those years shall be excluded when calculating average revenue, average income, or average loss under the GloBE rules in that jurisdiction. In cases where the MNE Group has a Minority-Owned Constituent Entities, the average revenue and average income mentioned above shall include the revenue and income of that Constituent Entity.

b) If a Constituent Entity has a fiscal year that is not 12 months in length, its revenue, income or loss for that year shall be adjusted in accordance with Point a Clause 2 Article 3 of this Decree.

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d) This option is not available to Stateless Constituent Entities or Investment Entities. Revenue, income, or loss of Stateless Constituent Entities or Investment Entities shall be excluded from the computation of average revenue, average income, or average loss under the GloBE rules in that jurisdiction.

3. Jurisdictional top-up tax shall not be determined as zero (0) in case there are post-filing adjustments that affect the Effective Tax Rate provisions, resulting in average income and average revenue in that jurisdiction exceeding the threshold set out in Clause 12 Article 5 of Resolution No. 107/2023/QH15 for the previous fiscal years. The Filing Constituent Entity must provide relevant information using the GloBE Information Return, declare and pay tax for those fiscal years and any relevant fiscal years (if any).

4. The determination of Top-Up Tax under the IIR in certain case of asset and liability transfers, JVs, Ultimate Parent Entities acting as Flow-through Entities, Ultimate Parent Entities allowing for dividend deduction, taxation regarding distribution of qualifying income, computation of Effective Tax Rate for Investment Entities, selection of Investment Entities not subject to income tax, selection of methods for applying taxation regulations to income distribution, Minority-Owned Constituent Entities, regulations on entities entering or exiting an MNE Group or Multi-Parented MNE group shall comply with corresponding provisions in Points 5 through 15 in Section III of Annex II.

Section 3. TRANSITION AND SAFE HARBOURS

Article 8. Treatment of taxes during the transition period

1. For a jurisdiction, the transition year is the first fiscal year in which an MNE group becomes subject to the GloBE Rules in that jurisdiction.

2. To calculate the jurisdictional Effective Tax Rate for the transition year and each subsequent fiscal year, the MNE Group must include all deferred tax assets and deferred tax liabilities that are reported or recorded in the financial statements of all Constituent Entities located in that jurisdiction at the beginning of the transition year. These deferred tax assets and deferred tax liabilities must be determined in accordance with the provisions of Points 1 through 6 Section IV of Appendix II.

3. In cases where a Constituent Entity becomes subject to QDMTT in Vietnam before becoming subject to the IIR in the Ultimate Parent Entity’s jurisdiction, then the transition year shall be the first fiscal year in which the Constituent Entity becomes subject to the IIR in the Ultimate Parent Entity’s jurisdiction, in which case the Effective Tax Rate in Vietnam shall be determined in accordance with Point 7 Section IV of Appendix II.

Article 9. Safe Harbours for initial phase of international investment activities

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2. An MNE Group is considered to be in the initial phase of international investment activities in a fiscal year for which tax liability is being determined if both of the following conditions are met:

a) The MNE Group has Constituent Entities located in no more than 06 jurisdictions at any point during the fiscal year for which tax liability is being determined;

b) The aggregate book value of tangible assets held by all Constituent Entities in jurisdictions other than the reference jurisdiction does not exceed 50 million EUR.

The Reference Jurisdiction of the MNE Group is the jurisdiction in which the MNE Group holds the highest aggregate value of tangible assets during the first fiscal year in which the MNE group becomes subject to the GloBE Rules.

The aggregate value of tangible assets in a jurisdiction is the total book value of all tangible assets of all of the MNE Group’s Constituent Entities residing in that jurisdiction. The book value of a tangible asset is the average opening and closing value of the tangible asset reported in the financial statement of each Constituent Entity (after deduction of accumulated depreciation, amortization, impairment losses).

3. Clause 1 of this Article shall not apply to any fiscal year beginning later than 05 years after the first day of the first fiscal year in which the MNE Group becomes subject to the GloBE Rules. For MNE Groups that are regulated by the GloBE Rules from the fiscal year of 2024, the 5-year period shall commence on the first day of the fiscal year of 2024.

Article 10. Relief for QDMTT already paid

1. In cases where QDMTT has been paid in a jurisdiction that meets the conditions for relief according to the list published by the Inclusive Framework on Base Erosion and Profit Shifting, the Top-up Tax for that jurisdiction under Article 7 of this Decree shall be deemed to be zero (0) in Vietnam.

2. In cases where QDMTT in a jurisdiction meets the conditions for relief but the MNE Group is not subject to QDMTT in that jurisdiction, or the local tax authority is not able to collect QDMTT from the Constituent Entity located in that jurisdiction, then the MNE Group shall not be eligible to apply Clause 1 of this Article in Vietnam.

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1. Transitional period refers to the period with fiscal years that begin on or before December 31, 2026 but do not end after June 30, 2028.

2. During the transitional period, transitional Country-by-Country Reporting (CbCR) Safe harbours shall be as follows:

a) Jurisdictional Top-up Tax in a fiscal year shall be deemed to be zero (0) if one of the following criteria is satisfied:

a.1) In the fiscal year, the MNE Group has a qualified CbCR in which the aggregate revenue is less than 10 million EUR and pre-tax profit is less than 01 million EUR or is a loss in such jurisdiction;

a.2) In the fiscal year, the MNE Group has a Simplified Effective Tax Rate in such jurisdiction of at least 15% for fiscal years 2023 and 2024; 16% for fiscal year 2025 and 17% for fiscal year 2026;

a.3) The jurisdictional profit before income tax is equal to or less than the value of tangible asset carve-out and payroll carve-out under the GloBE Rules for Constituent Entities residing in that jurisdiction based on the qualified CbCR. The percentage of tangible asset carve-out and payroll carve-out shall be the rate specified in the GloBE rules, including the transitional rates specified in the Appendix to Resolution No. 107/2023/QH15;

a.4) There is a loss reported in the qualified CbCR.

b) The methods for determining total revenue, profit before corporate income tax, qualified CbCR, simplified Effective Tax Rate, and standardized financial statements are specified in Point 1 through 10 Section V of Appendix II.

3. The provisions of Clause 2 above are calculated based on the data of all entities and permanent establishments within a jurisdiction.

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4. During the transitional period, no administrative tax penalties shall be imposed as stipulated in Point b Clause 6 Article 6 of Resolution No. 107/2023/QH15, specifically for the following acts:

a) Sending notifications behind the deadline or failing to send notifications in accordance with Clause 1 Article 14 of this Decree;

b) Applying for taxpayer registration by up to 90 days behind the deadline specified in Article 15 of this Decree;

c) Notifying changes to taxpayer registration information behind the deadline specified in Article 15 of this Decree, provided such changes do not lead to changes in the taxpayer registration certificate or tax identification number (TIN) notice;

d) Notifying changes to taxpayer registration information by up to 90 days behind the deadline specified in Article 15 of this Decree and such changes lead to changes in the taxpayer registration certificate or TIN notice;

dd) Incorrectly or incompletely declaration of information in tax dossiers that does not result in a understatement of tax payable or overstatement of tax exemption, reduction, or refund;

e) Submitting the tax filing documentation by up to 90 days behind the deadline specified in Clause 5 Article 16 of this Decree; submitting the tax filing documentation by 91 days or more behind the deadline without additional tax incurred;

g) Submitting the tax filing documentation by 91 days or more behind the deadline specified in Clause 5 Article 16 of this Decree with additional tax incurred but the taxpayer has fully paid the tax and late payment interest to the state budget before the tax authority announces a tax inspection decision, or another competent authority announces an inspection decision, or before the tax authority prepares a record of the late submission.

h) Incorrectly declaring the basis for tax computation, deductible tax amounts, or misidentifying eligibility for tax exemption, reduction, or refund, leading to understatement of tax payable or overstatement of tax exemption, reduction, or refund, provided that all economic transactions have been fully recorded in the accounting system, lawful invoices and documents, and the taxpayer has voluntarily paid the arrears and late payment interest to the state budget before a competent authority or competent person issues a decision on administrative penalties.

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6. Clause 2 of this Article shall not apply to the jurisdiction of the Ultimate Parent Entity if the Ultimate Parent Entity is a Flow-through Entity and applies a dividend deduction mechanism, unless all Ownership Interests in the Ultimate Parent Entity are held by qualified owners. Some specific cases of application:

a) If the Ultimate Parent Entity is a Flow-through Entity or applies a dividend deduction mechanism, its profit or loss before corporate income tax (and any other relevant taxes) shall be reduced by an amount equivalent to the portion that is distributed or deemed distributed according to Ownership Interests held by qualified owners.

b) In cases where the Ultimate Parent Entity is a Flow-through Entity, the qualified owners shall be holders of Ownership Interests under Points 7.1.1 through 7.1.3 Section III of Appendix II.

c) In cases where the Ultimate Parent Entity applies a dividend deduction mechanism, the qualified owners shall be recipients of dividends under Points 8.4.1 through 8.4.3 Section III of Appendix II.

7. Regulations on CbCR-based relief for Investment Entities residing in a jurisdiction shall be applied as follows:

a) Each Investment Entity shall apply the regulations in Point 10, Point 11, Point 12 Section III of Appendix 2, except the cases in Point b of this Clause, where:

a.1) Both the jurisdiction of the Investment Entity and the jurisdiction of the Constituent Entity that owns the Investment Entity allow application of CbCR-based relief during the transitional period;

a.2) The profit or loss before income tax and total revenue of the Investment Entity (and any other relevant taxes) are attributed to the jurisdiction of the direct owner of the Investment Entity in proportion to the Ownership Interest held.

b) The Investment Entity is not required to apply the relief separately if it does not elect to implement the provisions under Point 11 and Point 12 Section III of Appendix II, and all Constituent Entities that own the Investment Entity are residents of the same jurisdiction as the Investment Entity.

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a) Stateless Constituent Entities;

b) Any Multi-Parented MNE Group whose qualified CbCR does not include information of the entire Group;

c) Jurisdictions in which Constituent Entities have elected to apply tax rules on qualifying income allocations under Point 9 Section III of Appendix II;

d) Any Jurisdictions in which an MNE Group subject to the GloBE rules has Constituent Entities but did not apply Safe Harbours in the previous fiscal year, unless the Group did not apply the relief because it had no Constituent Entity in that jurisdiction during that previous year.

Article 12. Safe Harbours

1. Jurisdictional Top-up Tax, except Additional Current Top-up Tax, shall be deemed to be zero (0) for a fiscal year if one of the following criteria is met:

a) Common profit criteria;

b) Criteria for revenue and profit threshold;

c) Effective Tax Rate criteria.

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3. In order to determine the right to elect to apply the simplified computation method referred to in Clause 1 of this Article in a jurisdiction, the Filing Constituent Entity may annually elect to apply the simplified computation method to determine income or loss, revenue and Adjusted Covered Taxes of non-material Constituent Entities.

Non-material Constituent Entities and the application of simplified computation method to non-material Constituent Entities shall be determined in accordance with Points 11 through 13 Section V of Appendix II.

Article 13. Circumstances where Safe Harbours are not applicable

1. A Constituent Entity subject to tax that is one or more entities resident in Vietnam shall be liable for a Top-up Tax or subject to adjustments under the provisions of Article 6, Point e and Point g Clause 1 Article 7 of this Decree if relief is not applicable (Top-Up Tax is not deemed to be 0) under the GloBE Rules prescribed in Articles 11 and 12 of this Decree.

2. The election to apply relief in a jurisdiction under Articles 11 and 12 shall not be permitted if all of the following conditions are met:

a) Vietnam may be allocated Top-up Tax under the GloBE Rules in cases where Effective Tax Rate is calculated according to Articles 5 and 7 for jurisdiction applying relief lower than the minimum rate;

b) The Vietnamese Tax Authority has issued a notification that the Constituent Entities have to pay taxes within 36 months after filing the GloBE Information Return, identifying specific events and circumstances that may materially affect the eligibility for relief of the Constituent Entities that are residents of jurisdictions in which relief is applicable, and has requested the liable Constituent Entities to clarify the impact of such events and circumstances on their eligibility for relief within six months;

c) The liable Constituent Entity fails to prove that the events and circumstances referred to in Point b of this Clause do not materially affect its eligibility for relief within the aforementioned time limit.

Article 4. FILING, TAX PAYMENT AND ADMINISTRATION

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1. The MNE Group regulated by Resolution No. 107/2023/QH15, or a Constituent Entity designated by the Group, shall send the Notification of Filing Constituent Entities and list of Constituent Entities regulated by Resolution No. 107/2023/QH15 to the tax authority responsible for Top-up Tax administration under the GloBE Rules (hereinafter referred to as “tax authority”) using Form No. 01/TB-DVHT attached hereto within 30 days from the end of the reporting fiscal year.

2. In case of change of the Filing Constituent Entities or the list of Constituent Entities regulated by Resolution No. 107/2023/QH15, the Filing Constituent Entity shall send another notification to the tax authority using form No. 01/TB-DVHT attached hereto by the deadline for submitting the GloBE Information Return and tax return of the reporting fiscal year in which the change occurs.

3. In case of an MNE Group with a JV that is not part of the JV Group, JV Group, Minority-Owned Subgroup, Minority-Owned Constituent Entity that is not part of a Minority-Owned Subgroup subject to QDMTT, the JV that is not part of the JV Group, JV Group, Minority-Owned Subgroup, Minority-Owned Constituent Entity that is not a member of a Minority-Owned Subgroup shall send the notification of Filing Constituent Entity and the list of Constituent Entities regulated by Resolution No. 107/2023/QH15 as prescribed in Clause 1 and Clause 2 of this Article.

4. Tax authorities shall receive notifications of Filing Constituent Entities and lists of Constituent Entities regulated by Resolution No. 107/2023/QH15:

a) In person at the tax authorities;

b) By post;

c) Online.

Article 15. Taxpayer registration

1. Entities required to apply for taxpayer registration

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b) A JV that is not a member of the JV Group subject to QDMTT;

c) The company designated as the Filing Entity of the JV Group subject to QDMTT;

d) The Constituent Entity designated as the Filing Entity of the Minority-Owned Subgroup subject to QDMTT;

dd) The Minority-Owned Constituent Entity that is not a member of the Minority-Owned Subgroup subject to QDMTT.

2. The registered entities specified in Clause 1 of this Article shall be issued with 10-digit tax identification numbers (TIN).

3. The registered entities referred to in Clause 1 of this Article shall use their TINs issued in accordance with Clause 2 of this Article to directly file and pay the Top-up Tax under the GloBE rules.

4. Determination of the Filing Constituent Entity

a) The Filing Constituent Entity shall be determined in accordance with Clause 3 Article 6 of Resolution No. 107/2023/QH15. Notification of the Filing Constituent Entity must be carried out in accordance with Article 14 of this Decree.

b) In cases where the MNE Group changes its designated Filing Constituent Entity, the newly designated Filing Constituent Entity shall continue using the previously issued TIN and shall assume all tax obligations of the former Filing Constituent Entity. The new Filing Constituent Entity must complete the procedures for updating taxpayer registration information as specified in Clause 8 of this Article.

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d) In cases where the tax authority designates the Filing Constituent Entity of an MNE Group under Point b, Point c, or Point d of Clause 3 Article 6 of Resolution No. 107/2023/QH15, the tax authority shall send a notification using Form 02/TB-DVHT attached hereto to the Filing Constituent Entity. The designated Filing Constituent Entity must apply for taxpayer registration in accordance with this Article. The designation by the tax authority shall be made as follows:

d.1) For MNE Groups subject to QDMTT under Article 4 of Resolution No. 107/2023/QH15, the tax authority shall designate the Constituent Entity with the highest total asset value in the most recent financial statements in Vietnam to apply for taxpayer registration;

d.2) For MNE Groups subject to IIR under Article 5 of Resolution No. 107/2023/QH15, the tax authority shall designate the Ultimate Parent Entity, a Partially Owned Parent Entity, or an Intermediate Parent Entity located in Vietnam to apply for taxpayer registration.

d.3) For MNE Groups subject to both QDMTT and IIR, the tax authority shall designate a Constituent Entity to act as the filing entity based on either of the criteria mentioned above.

dd) The Filing Constituent Entity designated by the tax authority under Point d of this Clause shall send a notification to the tax authority using Form No. 01/TB- DVHT within 10 days from the day on which the tax authority’s designation notice is received.

5. Application for taxpayer registration

An application for taxpayer registration consists of the taxpayer registration form No. 01-DKTD-DVHT attached hereto.

6. Deadline for initial taxpayer registration

The Filing Constituent Entity must submit the taxpayer registration application within 90 days after the end of the reporting fiscal year.

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7. TIN notification

The tax authority shall receive and process the application for initial taxpayer registration and send the TIN notification form No. 01-MST-DVHT attached hereto to the Filing Constituent Entity in accordance with tax administration laws.

8. Change of taxpayer registration information

a) In cases where information about the MNE Group on the taxpayer registration form is changed, the Filing Constituent Entity shall submit form No. 01-DKTD-DVHT attached hereto to the tax authority within 10 working days from the day on which the change occurs.

b) In cases where the MNE Group changes its Filing Constituent Entity in Vietnam, the new Filing Constituent Entity shall submit form No. 01-DKTD-DVHT attached hereto to the tax authority within 10 working days from the day on which the change occurs.

9. Location for submission of initial taxpayer registration applications and changes in taxpayer registration information

The Filing Constituent Entity shall submit the initial taxpayer registration declaration and any changes to the taxpayer registration information to the tax authority responsible for administration of Top-up Tax under the GloBE Rules.

10. Applications for taxpayer registration shall be received and processed in accordance with regulations of law on tax administration.

Article 16. Tax filing and payment

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a) Qualified Domestic Minimum Top-Up Tax (QDMTT) filing documentation:

a.1) GloBE Information Return (Form No. 01/TKTT-QDMTT) attached hereto;

a.2) QDMTT Return (Form No. 01/TNDN-QDMTT) attached hereto;

a.3) A detailed explanation of differences between financial accounting standards (Form No. 01/TM) attached hereto;

a.4) GloBE Information Return that contains common information about the MNE Group, its organizational structure, computation of Effective Tax Rate and Top-up Tax payable by Constituent Entities in Vietnam, unless the MNE Group is not required to file the GloBE Information Return in any jurisdiction (original or copy);

a.5) Financial statements of each Constituent Entity used for preparing consolidated financial statements of the Ultimate Parent Entity (original or copy);

b) Tax filing documentation under the Income Inclusion Rule (IIR):

b.1) GloBE Information Return (Form No. 01/TKTT-IIR) attached hereto;

b.2) Top-up Tax Return (Form No. 01/TNDN-IIR) attached hereto;

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b.4) The consolidated financial statement of the Ultimate Parent Entity (original or copy);

b.5) Financial statements of each Constituent Entity used for preparing consolidated financial statements of the Ultimate Parent Entity (original or copy);

2. The Constituent Entity is not required to submit the GloBE Information Return of the Ultimate Parent Entity to the Vietnamese tax authority if the GloBE Information Return has already been filed under either of the following circumstances:

a) The Ultimate Parent Entity is a resident of a jurisdiction that has a Competent Authority Agreement for the Exchange of GloBE Information with Vietnam that is effective during the fiscal year;

b) The Constituent Entity is designated to file the GloBE Information Return in the jurisdiction that has a Competent Authority Agreement for the Exchange of GloBE Information with Vietnam that is effective during the fiscal year;

The Filing Constituent Entity shall notify the Vietnamese tax authority of the submission of the GloBE Information Return under Point a and Point b of this Clause and the jurisdiction in which it is a resident using Form No. 03/TB-DVHT attached hereto.

3. In cases where a Stateless Constituent Entity subject to the IIR, the Constituent Entity that owns such Stateless Constituent Entity is responsible for submitting the GloBE Information Return to the Vietnamese tax authority in the same manner as other Vietnam-resident Constituent Entities.

4. Filing location

The Filing Constituent Entity shall submit the tax filing documentation to tax authority responsible for administration of Top-up Tax under the GloBE Rules.

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6. In cases where the Filing Constituent Entity discovers errors or omissions in the GloBE tax filing documentation for the current or previous reporting fiscal year, except errors that have been corrected by increasing or decreasing GloBE income or losses, covered taxes for the current fiscal year under Point 4.1.7 Section II of Appendix II, Point 11 Section II of Appendix II hereof, the entity must submit an amended return in accordance with regulations of law on tax administration.

7. Tax filing documentation under the GloBE Rules shall be received and processed in accordance with tax administration laws.

8. Tax payment, offsetting and refund

a) Top-up Tax under the GloBE rules shall be paid to the central government budget. The Filing Constituent Entity shall pay Top-up Tax in accordance with regulations of law on tax administration.

The Filing Constituent Entity shall be responsible for the Top-up Tax in accordance with tax administration laws.

b) If the amount of Top-up Tax, late payment interest, fines already paid exceeds the actual liabilities under the GloBE Rules, the overpaid amount may be offset against outstanding Top-up Tax, late payment interest, fines under the GloBE rules, or offset against the Top-up Tax, late payment interest, fines payable in the next period, or refunded if the taxpayer no longer owes any Top-up Tax, late payment interest, fines under the GloBE rules.

c) If the taxpayer wishes to have the overpaid amount of Top-up Tax, late payment interest, fines against outstanding liabilities, no late payment interest shall be charged on the offset amount during the period from the overpayment date and the offsetting date.

d) Procedures for offsetting and refunding tax shall comply with tax administration laws.

dd) For the purpose of monitoring QDMTT collection, the tax authority may allocate QDMTT among Constituent Entities based on income-related criteria.

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Article 17. Currency for tax filing and payment

1. The Filing Constituent Entity shall complete the GloBE Information Return, explain the differences due to financial accounting standards under the GloBE rules using the currency used for preparing consolidated financial statements of the Ultimate Parent Entity.

2. The Filing Constituent Entity shall file and pay Top-up Tax in VND, unless it elects to apply the provisions in Clause 3 of this Article.

3. If the Top-up Tax amount reported in the GloBE Information Return is presented in a currency that is used in the consolidated financial statements of the Ultimate Parent Entity and is not VND, the Filing Constituent Entity may choose to file and pay Top-up Tax in that same currency. If the Filing Constituent Entity chooses to file and pay tax in VND instead, the applicable exchange rate shall be the average transfer rate quoted by the commercial bank with which the Filing Constituent Entity regularly conduct transactions as of the date the tax filing documentation is submitted.

Article 18. Tax audit regarding fulfillment of Top-up Tax obligations under the GloBE Rules

1. Tax audit regarding fulfillment of Top-up Tax obligations under the GloBE rules shall be carried out in accordance with tax administration laws.

2. The Department of Taxation shall carry out tax audit of Filing Constituent Entities and other Constituent Entities in Vietnam of the same MNE Group.

Article 19. Handling late payment of tax

1. If the Filing Constituent Entity fails to pay or fully pay Top-up Tax by the deadline, it shall pay the Top-up Tax plus a late payment interest on the outstanding amount.

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Article 20. Administrative penalties for tax offences

1. The Filing Constituent Entity shall face corresponding penalties for administrative violations related to Top-up Tax obligations under the GloBE rules, including: failure to meet the deadline for taxpayer registration; failure to meet the deadline for notifying change of information about taxpayer registration; failure to meet the deadline for notifying the Filing Constituent Entity and the list of Constituent Entities regulated by Resolution No. 107/2023/QH15; inaccurate or incomplete declaration of information in the tax filing documentation that does not result in an increase in the amount of tax exemption, reduction or refund; failure to meet the deadline for submission of the tax filing documentation; violations related to provision of information about determination of tax obligations; non-compliance with tax audit, tax inspection, or tax enforcement decisions; understatement of the amount of tax payable or overstatement of the amount of tax exemption, reduction or refund; tax evasion as defined by legislative documents on administrative penalties, except the cases specified in Clause 4 Article 11 of this Decree.

Administrative penalties for tax offences shall not be imposed in case the Filing Constituent Entity submits amended returns in accordance with the provisions for Effective Tax Rate adjustment under Point 9.4, Point 11.1, Point 11.4 Section II, Point 1.4 and Point 9 of Section III of Appendix II.

2. The authority to impose penalties, fines, procedures for penalty imposition and other contents relevant to administrative penalties for tax offences prescribed in Clause 1 of this Article shall comply with regulations of law on administrative penalties for tax- and invoice-related violations.

Article 21. Exchange rates

1. If the currency used in the consolidated financial statements of the Ultimate Parent Entity is VND, the exchange rate for determining the revenue and income thresholds specified in Articles 2, 4, 5, and 6 of Resolution No. 107/2023/QH15, as well as other monetary thresholds under this Decree, shall be the average central exchange rate or the average cross exchange rate for December of the year preceding the year in which the reference revenue or income arises, as published by the State Bank of Vietnam.

2. If the currency used in the consolidated financial statements of the Ultimate Parent Entity is not VND, the exchange rate for determining the thresholds mentioned in Clause 1 of this Article shall be the average exchange for December of the year preceding the year in which the reference revenue or income arises, as published by the European Central Bank.

3. If the European Central Bank does not publish an exchange rate for the currency used in the consolidated financial statements of the Ultimate Parent Entity, the average exchange rate for December of the year preceding the year in which the reference revenue or income arises published by the central bank of the Ultimate Parent Entity’s jurisdiction shall be used.

Article 22. Automatic exchange of information for administration of Top-up Tax under the GloBE Rules

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Chapter III

IMPLEMENTATION CLAUSES

Article 23. Entry into force

1. This Decree enters into force on October 15, 2025 and applies from the fiscal year 2024 onward. The fiscal year 2024 shall begin on or after January 01, 2024. In cases where a Constituent Entity subject to QDMTT follows the fiscal year of its Ultimate Parent Entity that fiscal year begins in December 2023, it is still considered fiscal year 2024 for the purposes of this Decree.

2. The regulations of this Decree shall not be applied to determine tax payable under the Law on Corporate Income Tax.

Article 24. Appendices to this Decree

This Decree is promulgated together with Appendix I on definitions of terms under the GloBE Rules developed by Inclusive Framework on Base Erosion and Profit Shifting, Appendix II on determination of elements used to calculate Top-up Tax under the GloBE rules, and Appendix III on set forms for tax filing and payment.

Article 25. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Presidents of the People’s Committees of provinces and cities are responsible for the implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PP THE PRIME MINISTER
DEPUTY PRIME MINISTER




Ho Duc Phoc

APPENDIX I

DEFINITIONS UNDER GLOBAL MINIMUM TAX REGULATIONS OF INCLUSIVE FRAMEWORK ON BASE EROSION AND PROFIT SHIFTING
(Promulgated together with the Government’s Decree No. 236/2025/ND-CP dated August 29, 2025)

1. Parent Entity means an Ultimate Parent Entity (other than Excluded Entities under Clause 1 Article 2 of Resolution No. 107/2023/QH15), Intermediate Parent Entity or Partially Owned Parent Entity.

2. Main Entity means an Entity having a Permanent Establishment whose financial account net income or loss (FANIL) of the Permanent Establishment is consolidated into the financial statements of such Main Entity. In cases where the Main Entity qualifies as a Group under Point b Clause 2 Article 3 of Resolution No. 107/2023/QH15, the Main Entity (in the relationship with the permanent establishment) shall be the Ultimate Parent Entity.

3. Permanent Establishment:

3.1. Permanent Establishment means a place of business (including a deemed place of business) situated in a jurisdiction and treated as a permanent establishment in accordance with an applicable Tax Treaty in force provided that such jurisdiction taxes the income attributable to it in accordance with a provision similar to Article 7 of the OECD Model Tax Convention on Income and on Capital;

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3.3. If a jurisdiction has no corporate income tax system, a place of business (including a deemed place of business) situated in that jurisdiction that would be treated as a permanent establishment in accordance with the OECD Model Tax Convention on Income and on Capital provided that such jurisdiction would have had the right to tax the income attributable to it in accordance with Article 7 of that model;

3.4. A place of business (or a deemed place of business) that is not already described in Points 3.1, 3.2 and 3.3 of this Appendix through which operations are conducted outside the jurisdiction where the Entity is located provided that such jurisdiction exempts the income attributable to such operations.

3.5. A permanent establishment that is a constituent entity shall be considered independent from the Main Entity and any other permanent establishment of such Main Entity.

3.6. Pursuant to Points 3.1, 3.2, 3.3 and 3.4 above, a permanent establishment does not include entities that pay proportional corporate income tax (as a percentage of revenue) in Vietnam.

4. Entity means any juridical person or organization established on the basis of an arrangement that prepares separate financial statement, such as a partnership or trust. Entities do not include the authorities at various level, managerial agencies or representative offices performing functions of the authorities.

5. Governmental Entity means an organization that meets all of the following criteria set out below:

5.1. It is part of or wholly-owned by a Government (including any political subdivision or local authority thereof);

5.2. It has the principal purpose of fulfilling a government function or managing or investing that government’s or jurisdiction’s assets through the making and holding of investments, asset management, and related investment activities for the government’s or jurisdiction’s assets; and does not carry on a trade or business;

5.3. It is accountable to the Government on its overall performance, and provides annual information reporting to the Government;

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A national investment fund qualified as a Government Entity defined herein shall not be considered an Ultimate Parent Entity or part of a MNE Group.

6. International Organization means any intergovernmental organization (including a supranational organization) or wholly-owned agency or instrumentality thereof that meets all of the criteria set out below:

6.1. It is comprised primarily of Governments;

6.2. It has an effective agreement with the jurisdiction in which it is established that entitle its headquarters or substantially similar offices (e.g. a subdivision, or a local, or regional office) to privileges and immunities;

6.3. The law or its governing documents does not allow distribution of its income to private entities.

7. Non-profit Organization means organization that is established to serve its intended non-profit purposes and meets all of the following criteria:

7.1. It is established and operated in its jurisdiction of residence exclusively for religious, charitable, scientific, artistic, cultural, athletic, educational, or other similar purposes; or as a professional organization, business league, chamber of commerce, labour organization, agricultural or horticultural organization, civic league or an organization operated exclusively for the promotion of social welfare;

7.2. Income from the activities mentioned in Point 7.1 is exempt from income tax in its jurisdiction of residence;

7.3. It has no shareholders or members who have a proprietary or beneficial interest in its income or assets;

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7.4.1. pursuant to the conduct of the Entity’s charitable activities;

7.4.2. as payment of reasonable compensation for services rendered or for the use of property or capital;

7.4.3. as payment representing the fair market value of property which the Entity has purchased.

7.5. Upon its termination, liquidation or dissolution, all of its assets must be distributed or revert to a Non-profit Organization or to the Government (including any Governmental Entity and political subdivision thereof) of its jurisdiction of residence or any.

8. Pension Fund means:

8.1. An Entity that is established and operated in a jurisdiction under pension laws of that jurisdiction or one of its political subdivisions or local authorities to exclusively or almost exclusively to administer or provide retirement benefits and ancillary or incidental benefits to individuals;

8.2. An Entity that is established and operated in a jurisdiction to exclusively or almost exclusively to administer or provide retirement benefits and ancillary or incidental benefits to individuals, and those benefits are secured or otherwise protected by national regulations and funded by a pool of assets held through a fiduciary arrangement or trustor to secure the fulfilment of the corresponding pension obligations against a case of insolvency of the MNE Group;

8.3. A Pension Services Entity.

9. Pension Services Entity means an Entity that is established and operated exclusively or almost exclusively to:

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9.2. Carry out activities that are ancillary to those regulated activities carried out by the Entities referred to in Point 8.1 and Point 8.2 of this Appendix, provided that they are members of the same Group.

10. The Filing Constituent Entity is an Entity responsible for applying for taxpayer registration, submitting tax declaration dossiers and paying Top-up Tax under the GLoBE rules.

11. Tax Treaty means an agreement for the avoidance of double taxation and the prevention of tax evasion with respect to taxes on income or assets, including any amendments made by protocol or multilateral agreement to implement measures related to the Tax Treaty against base erosion and profit shifting, or any other agreement containing provisions for the avoidance of double taxation on income tax if they are relevant to the objectives of the GloBE Rules.

12. Material Competitive Distortion in respect of the application of a specific principle or procedure under a set of generally accepted accounting principles means an application that results in an aggregate variation greater than EUR 75 million in a Fiscal Year as compared to the amount that would have been determined by applying the corresponding IFRS principle or procedure. Where the application of a specific principle or procedure results in a Material Competitive Distortion, the accounting treatment of any item or transaction subject to that principle or procedure must be adjusted to conform to the treatment required for the item or transaction under IFRS in accordance with any Agreed Administrative Guidance.

13. Annual Election means an election made by a Filing Constituent Entity and that applies only for the Fiscal Year for which the election is made.

14. Five-Year Election means an election made by a Filing Constituent Entity with respect to a Fiscal Year (the election year) that cannot be revoked with respect to the election year and the 04 succeeding Fiscal Years. If a Five-Year Election is revoked with respect to a Fiscal Year (the revocation year), a new election cannot be made with respect to the 04 Fiscal Years succeeding the revocation year.

15. Fiscal Year means an accounting period with respect to which the Ultimate Parent Entity of the MNE Group prepares its Consolidated Financial Statements. In the case of Consolidated Financial Statements as defined in Point d Clause 10 Article 3 of Resolution No. 107/2023/QH15, Fiscal Year means the calendar year.

16. Reporting Fiscal Year means the Fiscal Year that is the subject of the GloBE Information Return.

17. OECD Model Tax Convention means the OECD (2017), Model Tax Convention on Income and on Capital: Condensed Version 2017, OECD Publishing, Paris, https://doi.org/10.1787/mtc_cond-2017-en.

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19. A Flow-through Entity is an entity whose income, expenditure, profit or loss, according to the law of the jurisdiction where it was created, is proportional to its Ownership Interest in that Entity, unless it is tax resident and subject to a Covered Tax on its income or profit in another jurisdiction. A Flow-through Entity can be a Tax Transparent Entity or a Reverse Hybrid Entity, where:

19.1. A Non-taxable Entity is a Flow-through Entity whose income, expenditure, profit or loss, according to the law of the jurisdiction in which its owner is located, is income, expenditure, profit or loss of its direct owner in proportion to its Ownership Interest in that Entity.

19.2. A Reverse Hybrid Entity is a Flow-through Entity whose income, expenditure, profit or loss, according to the law of the jurisdiction in which its owner is located, is not income, expenditure, profit or loss of its direct owner in proportion to its Ownership Interest in that Entity until that Entity distributes profit or is deemed to be distributing profit to the owner.

20. A Hybrid Entity is an Entity that is subject to separate income tax on its income in the jurisdiction where it is located and its income, expenditure, profit or loss is income, expenditure, profit or loss of its direct owner in the jurisdiction in which its owner is located in proportion to its Ownership Interest in that Entity.

21. A Constituent Entity that is not a tax resident and not subject to a Covered Tax or a Qualified Domestic Minimum Top-up Tax (QDMTT) based on its place of management, place of creation, or similar criteria shall be treated as a Flow-Through Entity and a Tax Transparent Entity in respect of its income, expenditure, profit or loss when the following conditions are met:

21.1. Its owners are located in a jurisdiction where the income, expenditure, profit or loss of that Entity is treated as income, expenditure, profit or loss of its direct owner in proportion to its Ownership Interest in that Entity;

21.2. It does not have a place of business in the jurisdiction where it was created;

21.3. The income, expenditure, profit or loss is not attributable to any Permanent Establishment.

22. Ownership Interest in an Entity or a Permanent Establishment that is a Constituent Entity shall be treated as held through a Tax Transparent Structure if that Ownership Interest is held indirectly through a chain of Tax Transparent Entities.

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23.1. is required to consolidate the assets, liabilities, income, expenses and cash flows of the Entity on a line-by-line basis in accordance with an acceptable financial accounting standard;

23.2. would have been required to consolidate the assets, liabilities, income, expenses and cash flows of the Entity on a line-by-line basis if the interest holder had prepared Consolidated Financial Statements.

A Main Entity is deemed to have the Controlling Interests of its Permanent Establishments.

An Investment Entity does not have controlling interest of other Entities if such Investment Entity is not required to consolidate the investments in these Entities in accordance with an acceptable financial accounting standard.

APPENDIX III

(Promulgated together with the Government’s Decree No. 236/2025/ND-CP dated August 29, 2025)

No.

Form No.

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Form No. 01/TB-DVHT

Notification of Filing Constituent Entity and list of constituent entities regulated by Resolution No. 107/2023/QH15

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Form No. 02/TB-DVHT

Notification of Designation of Filing Constituent Entity in Vietnam under the GloBE Rules

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Form No. 03/TB-DVHT

Notification that the constituent entity has filed the GloBE Information Return in the jurisdiction that has a Competent Authority Agreement for the Exchange of GloBE Information with Vietnam

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Form No. 01-MST-DVHT

Notification of Tax Identification Number

5

Form No. 01-DKTD-DVHT

Taxpayer Registration/Information Change Declaration form

6

Form No. 01/TNDN-QDMTT

Top-Up Tax Return applicable to Qualified Domestic Minimum Top-Up Tax

7

...

...

...

Top-Up Tax Return applicable to Income Inclusion Rule

8

Form No. 01/TM

Explanation of Differences between Financial Accounting Standards

9

Form No. 01/TKTT-QDMTT

Information Return applicable to Qualified Domestic Minimum Top-Up Tax

10

Form No. 01/TKTT-IIR

...

...

...

Form No. 01/TB-DVHT

NOTIFYING ENTITY’S NAME
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. ..........

.........[location, date]

ANNOUNCEMENT

Filing Constituent Entity and list of Constituent Entities regulated by Resolution No. 107/2023/QH15

...

...

...

□ Revision: ...... time

□ MNE Group subject to Qualified Domestic Minimum Top-Up Tax (QDMTT)

Type of entity subject to QDMTT:

□ Constituent Entity of an MNE Group

□ Joint Venture that is not part of a Joint Venture Group

□ Subsidiary of a Joint Venture Group

□ Constituent Entity of a Minority-owned Subgroup

□ Minority-Owned Constituent Entity that is not part of a Minority-Owned Subgroup

□ MNE Group subject to Income Inclusion Rule (IIR)

...

...

...

□ Change of the Filing Constituent Entity

□ Change of information about Constituent Entities subject to QDMTT

□ Change of information about Constituent Entities subject to the IIR.

To: …………………………….

I. General information

1. Notifying entity: ……………………………………………………………………….

2. Tax identification number (TIN)/Enterprise identification number (EIN) (or similar) in the notifying entity’s jurisdiction: ………………………………………………………………………………………

3. Address of notifying entity’s headquarters: …………………………………………………

4. Phone number of notifying entity: …………………………………………………

...

...

...

5. Name of Ultimate Parent Entity: ……………………………………………………………

6. TIN/EIN (or similar) in the Ultimate Parent Entity’s jurisdiction: ………………………………………………………………………………………

7. Address of Ultimate Parent Entity’s headquarters: ………………………………………

8. Fiscal year of Ultimate Parent Entity: From ................. to .........................

In case of a Joint Venture that is not part of a Joint Venture Group, Minority-owned Subgroup subject to QDMTT, declare information in items 9, 10, 11, 12 below

9. Name of Joint Venture, Minority-Owned Parent Entity: …………………………………

10. TIN/EIN (or similar) in the jurisdiction of the Joint Venture, Minority-Owned Parent Entity:...

11. Headquarters address of Joint Venture, Minority-Owned Parent Entity: …………

12. Fiscal year of Joint Venture, Minority-Owned Parent Entity: From ................. to .........................

...

...

...

1. Name of Filing Constituent Entity: ……………………………………………………

2. TIN issued in Vietnam: …………………………………………………………

3. Headquarters address: ………. Commune/Ward/Special zone  ……………. Province ………………………

III. List of Constituent Entities regulated by Resolution No. 107/2023/QH15

1. List of Constituent Entities regulated by Resolution No. 107/2023/QH15

No.

TIN issued in Vietnam

Name of Constituent Entity

Headquarters address

...

...

...

2. List of Constituent Entities subject to the IIR

2.1. Information about Parent Entities subject to the IIR

No.

Type of Parent Entity

TIN issued in Vietnam

Name of Parent Entity

...

...

...

2.2. Information about a Constituent Entities subject to the IIR

No.

1b. TIN/Enterprise ID number (or similar)

Name of Constituent Entity

...

...

...

Headquarters address

[Name of notifying entity] hereby certifies that the information provided herein is accurate and truthful, and takes legal responsibility for the information provided.

...

...

...

Form No. 02/TB-DVHT

DEPARTMENT OF TAXATION
................(1)
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. ..........

.........[location, date]

NOTIFICATION

Designation of Filing Constituent Entity in Vietnam under the GloBE Rules

...

...

...

Pursuant to the Government’s Decree No. ………………. dated ……………….

The tax authority hereby notifies the designation of the Filing Constituent Entity in Vietnam under the GLoBE rules of ……….(2) as follows:

Name of Filing Constituent Entity (3): ………………………………

TIN issued in Vietnam (4): …………………………………………………………

Address of headquarters (5): …………………………………………………

Department of Taxation hereby requests .... (6) to apply for taxpayer registration, declare and pay tax in accordance with the Government’s Decree No. ........... dated .................

If you have any questions or concerns, please contact the tax authority:

……………………...(7)……………………. (8)

Address: …………………………… (9)

...

...

...

.... (10) shall implement this.

AUTHORITY, POSITION OF SIGNOR
(Signature, full name, seal/Digital signature)

^______________________________

(1) Notifying tax authority

(2) Name of the Ultimate Parent Entity. In case of a joint venture that is not part of the joint venture group, joint venture group, minority-owned sub-group, minority-owned constituent entity that is not part of a minority-owned sub-group subject to QDMTT, write the name of the joint venture, Minority-Owned Parent Entity, minority-owned constituent entity that is not part of a minority-owned sub-group.

(3) Name of Filing Constituent Entity designated by the tax authority.

(4) The Filing Constituent Entity's TIN issued by a Vietnamese tax authority in accordance with Vietnam's tax administration laws.

...

...

...

(6) Name of the Filing Constituent Entity.

(7) Name of the notifying tax authority.

(8) Department of the tax authority the Filing Constituent Entity may contact.

(9) Specific address of the notifying tax authority.

(10) Name of the Filing Constituent Entity.

Form No. 03/TB-DVHT

NAME OF FILING
CONSTITUENT ENTITY
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

...

...

...

.........[location, date]

NOTIFICATION

The constituent entity has filed the GloBE Information Return in the jurisdiction that has a Competent Authority Agreement for the Exchange of GloBE Information with Vietnam

Reporting Fiscal Year: From .....................  to ..................... 

To: …………………………….

1. Name of Filing Constituent Entity: ……………………………………………………

2. Tax identification number (TIN) issued under the GloBE Rules: ………………

3. Address of headquarters: …………………………………………………

...

...

...

4.1. Name of Filing Constituent Entity: ………………………………………………

4.2. TIN issued in Vietnam (if any): ……………………………………………………

4.3. Jurisdiction of residence: ………………………………………………………………………

[Name of Filing Constituent Entity] hereby certifies that the information provided herein is accurate and truthful, and takes legal responsibility for the information provided.

FILING CONSTITUENT ENTITY
or LEGAL REPRESENTATIVE OF FILING CONSTITUENT ENTITY

(Signature, full name; position and seal (if any)/electronic signature)

Form No. 01-MST-DVHT

...

...

...

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

...., [location, date]

NOTIFICATION OF TAX IDENTIFICATION NUMBER

…………^1hereby notifies the tax identification number (TIN) of the Filing Constituent Entity under the GLoBE rules as follows:

TIN under the GLoBE rules ^2: ………………………

Name of Ultimate Parent Entity ^3: ……………………………………………………………………

Name of Joint Venture, Minority-Owned Parent Entity ^4: …………………………………………

...

...

...

Address the Filing Constituent Entity’s headquarters ^6: ...................

Date of TIN issuance ^7: ………………………………………………………………………

The tax authority assigned to manage Top-up Tax under the GLoBE rules ^8: …………………………………………………

The Filing Constituent Entity shall use the TIN as per regulations from the day on which it is issued by the tax authority.

AUTHORITY, POSITION OF SIGNOR
(Signature, full name, seal/Digital signature)

^______________________________

^1 Name of the notifying tax authority.

...

...

...

^3Name of the Ultimate Parent Entity.

^4In case of a Joint Venture that is not part of a Joint Venture Group, Minority-owned Subgroup subject to QDMTT, write the name of the Joint Venture, the Minority-Owned Parent Entity.

^5Name of Filing Constituent Entity.

^6Address the Filing Constituent Entity’s headquarters.

^7TIN issuance date.

^8The tax authority assigned to manage Top-up Tax under the GLoBE rules.

Form No. 01-DKTD-DVHT

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

...

...

...

□ First registration        □ Revision:  ...   time

□ MNE Group subject to Qualified Domestic Minimum Top-Up Tax (QDMTT)

□ MNE Group subject to Income Inclusion Rule (IIR)

1. MNE Group’s information:

1a. Ultimate Parent Entity: ………………………………………………………………………………

1b. Tax identification number (TIN)/Enterprise ID number (or equivalent) of Ultimate Parent Entity:...

1c. Joint Venture, Minority-Owned Parent Entity: …………………………………………………

1d. TIN/Enterprise ID number (or equivalent) of Joint Venture, Minority-Owned Parent Entity:...

2. Filing Constituent Entity’s information:

...

...

...

2b. TIN issued in Vietnam: …………………………………………………………

3. Tax agent’s information (if any):

3a. Name: ………………………………………………………………………………………

3b. TIN: ………………………………………………………………………………………

3c. Tax agent contract No.  …………………………… dated ……………………………

4. Address of Filing Constituent Entity’s office

5. Mailing address of Filing Constituent Entity

4a. Number, street, neighborhood:

...

...

...

4b. Commune/Ward/Special zone:

5b. Commune/Ward/Special zone:

4c. Province/City:

5c. Province/City:

4d. Tel:                    /Fax:

Email:

5d. Tel:                                /Fax:

Email:

6. Fiscal year of Ultimate Parent Entity, Joint Venture, Minority-Owned Parent Entity: From ................. to .........................

...

...

...

7a. Name: ……………………………

7b. Personal identification number: ……………………………

7c. Permanent residence address: ……………………………

7d. Other information

Tel: …………………………… Email: ……………………………

I hereby certify that the contents of this declaration are accurate and I take legal responsibility for the information provided.

TAX AGENT’S EMPLOYEE

Full name: ……………………

...

...

...

...., [location and date]
FILING CONSTITUENT ENTITY
or LEGAL REPRESENTATIVE OF FILING CONSTITUENT ENTITY

(Signature, full name; position and seal (if any)/electronic signature)

Form No. 01/TNDN-QDMTT

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

TOP-UP TAX RETURN

(Applicable to Qualified Domestic Minimum Top-Up Tax)

[01] Reporting Fiscal Year^1: From .....................  to .....................  

[02] First time^2 □                    [03] ^3:... revision

...

...

...

[05] Tax identification number (TIN) under the GloBE Rules^5: ……………………

[06] Name of tax agent (if any) ^6: ……………………………………………………………

[07] TIN: ……………………………………………………………………………….

[08]  Tax agent contract No.  ………………………… dated …………………………

[09] Currency in the Information Return ^7: ………………………………………………

[10] Currency in the Top-up Tax Return ^8:

Currency other than VND □      VND □

[11] Exchange rate if a foreign currency is used in the Information Return and VND is used in the Top-up Tax: …………………  at [name of bank ] ……………………………. ^9

[12] Safe Harbours ^10: □……………………………………

...

...

...

No.

Item

Number

Unit

Value

(1)

(2)

(3)

(4)

...

...

...

1

Excess Profit (A = A1 - A4) ^11

A

1.1

Net GloBE Income in Vietnam in the fiscal year (A1 = A2 - A3) ^12

A1

...

...

...

1.1.1

Aggregate Globe Income of all Constituent Entities

A2

1.1.2

GloBE loss of all Constituent Entities

A3

...

...

...

2

Tangible asset carve-out and payroll carve-out under the GloBE Rules (A4 = A5 + A8) ^13

A4

2.1

Tangible asset carve-out (A5 = A6 x A7)

A5

...

...

...

2.1.1

Value of eligible tangible asset

A6

2.1.2

Carve-out rate

A7

...

...

...

2.2

Payroll carve-out (A8 = A9 x A10)

A8

2.2.1

Eligible payroll costs

A9

...

...

...

2.2.2

Carve-out rate

A10

3

Top-up Tax rate (B = 15% - B2) ^14

B

...

...

...

3.1

Aggregate adjusted covered corporate income tax in Vietnam in the fiscal year of Constituent Entities in Vietnam

B1

3.2

Effective Tax Rate (B2=B1/A1)

B2

...

...

...

4

Additional Current Top-up Tax in the current year (if any) ^15:

C

5

Aggregate Top-up tax of Constituent Entities in Vietnam(D = A × B + C) ^16

D

...

...

...

6

Total Top-up Tax of Constituent Entities in VND if foreign currencies are used in the Information Returns and VND is used in the Top-Up Tax Returns (if any) ^17

E

II. ALLOCATION OF QUALIFIED DOMESTIC MINIMUM TOP-UP TAX AMONG CONSTITUENT ENTITIES IN VIETNAM

Currency: ……..

Criteria for allocation of Qualified Domestic Minimum Top-Up Tax payable among Constituent Entities in Vietnam ^18: ………………….

No.

...

...

...

TIN issued in Vietnam

Supervisory tax authority of Constituent Entity

Allocation ratio (%)^19

III. Allocated Top-up Tax payable ^20

(1)

(2)

(3)

(4)

(5)

...

...

...

Total

x

...

...

...

I hereby certify that the information above is accurate and that I am responsible for the information provided.

TAX AGENT’S EMPLOYEE

Full name: ……………………

Practicing certificate No. ……….

....., [location and date]
FILING ENTITY
or LEGAL REPRESENTATIVE OF FILING ENTITY
(Signature, full name; position and seal (if any)/electronic signature)

^______________________________

...

...

...

Form No. 01/TNDN-IIR

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

TOP-UP TAX RETURN

(Applicable to Income Inclusion Rule)

[01] Reporting Fiscal Year^1: From .....................  to ..................... 

[02] First time ^2 □          [03] ^3:... revision

[04] Name of Filing Constituent Entity^4: ………………………………

[05] Tax identification number (TIN) under the GloBE Rules^5: ………………………

[06] Name of tax agent (if any)^6: ……………………………………………………………

...

...

...

[08] Tax agent contract No.  …………………………… dated ……………………………

[09] Currency in the Information Return ^7: ………………………………………………

[10] Currency in the Top-up Tax Return^8:

Currency other than VND □      VND □

[11] Exchange rate if a foreign currency is used in the Information Return and VND is used in the Top-up Tax: …………………  at [name of bank]………………………………………………….^9

[12] Safe Harbours ^10: □……………………………………

I. TOTAL TOP-UP TAX OF THE GROUP IN EACH JURISDICTION^11

Currency: ……..

No.

...

...

...

Top-Up Tax of the Group in each jurisdiction

(1)

(2)

(3)

Total

...

...

...

II. PARENT ENTITY’S ALLOCABLE SHARES OF THE TOP-UP TAX OF LOW-TAXED CONSTITUENT ENTITIES (LTCE)^12:

Currency: ……..

TIN of Parent Entity

Name of Parent Entity

Jurisdiction of LTCE

TIN/EIN of LTCE

Name of LTCE

Top-up Tax of  LTCE

Income allocable to Ownership Interests held by other owners

...

...

...

Parent Entity’s allocable share of the LTCE in the fiscal year

Parent Entity’s allocable share of Top-up Tax of LTCE

(1)

(2)

(3)

(4)

(5)

(6)

(7)

...

...

...

(9)=((8)-(7))/(8)

(10)=(6) x (9)

...

...

...

Total

...

...

...

[14]

III. TOP-UP TAX PAYABLE ^13

No.

Item

Item number

Currency

Amount

(1)

...

...

...

(3)

(4)

(5)

1

Total Parent Entity’s allocable shares of Top-up Tax of LTCEs

[15]

2

...

...

...

[16]

3

Total Parent Entity’s allocable shares of Top-up Tax of LTCEs after offsetting tax obligations under the IIR

[17]

4

...

...

...

[18]

I hereby certify that the information above is accurate and that I am responsible for the information provided.

TAX AGENT’S EMPLOYEE

Full name: ……………………

Practicing certificate No. ……….

....., [location, date]

...

...

...

(Signature, full name; position and seal (if any)/electronic signature)

^_____________________________

Form No. 01/TM

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

EXPLANATION OF DIFFERENCES BETWEEN FINANCIAL ACCOUNTING STANDARDS

[01] Reporting Fiscal Year: From .....................  to ..................... 

[02] First time □              [3] ...... revision

[04] Name of Filing Constituent Entity: ………………………………

[05] Tax identification number (TIN) under the GloBE Rules: ………………………

...

...

...

[07] TIN: ……………………………………………………………………………….

[08] Tax agent contract No.  …………………………… dated ……………………………

[09] Currency in the consolidated financial statements of the Ultimate Parent Entity:

[10] Safe Harbours: ………□…………………………………..

No.

TIN of Constituent Entity

Name of Constituent Entity

Item

Item number

...

...

...

Value of financial statement serving consolidation of the Ultimate Parent Entity

Difference

Reason for difference

(1)

(2)

(3)

(4)

(5)

(6)

...

...

...

(8) = (7) - (6)

(9)

...

...

...

...

...

...

...

...

...

...

...

...

...

...

...

...

...

...

I hereby certify that the information above is accurate and that I am responsible for the information provided.

TAX AGENT’S EMPLOYEE

Full name: ……………………

...

...

...

....., [location, date]

FILING CONSTITUENT ENTITY
or LEGAL REPRESENTATIVE OF FILING CONSTITUENT ENTITY

 (Signature, full name; position and seal (if any)/electronic signature)

Form No. 01/TKTT-QDMTT

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

INFORMATION RETURN

(Applicable to Qualified Domestic Minimum Top-Up Tax)

[01] Reporting Fiscal Year: From .....................  to ..................... 

...

...

...

[04] Name of Filing Constituent Entity: ………………………………

[05] Tax identification number (TIN) under the GloBE Rules: ………………………

[06] Name of tax agent (if any): ……………………………………………………………

[07] TIN: ……………………………………………………………………………….

[08]  Tax agent contract No.  ………………………… dated …………………………

Currency: ……..

1 MNE GROUP INFORMATION

1.1 Identification of the Filing Constituent Entity

1. Ultimate Parent Entity (UPE) is the Filing Constituent Entity

...

...

...

3. TIN of Filing Constituent Entity under the GloBE Rules

4. Jurisdiction having a Competent Authority Agreement for the Exchange of GloBE Information with Vietnam (if any)

□ Yes

□ No

1.2 MNE Group general information

1.2.1 Fiscal year of the MNE Group

...

...

...

2. Starting date of the fiscal year

3. Ending date of the fiscal year

1.2.2 General accounting information of the MNE Group

1. Consolidated financial statements (CFS) of the UPE

2. Financial accounting standard used for the CFS of the UPE

3. Presentation currency used for the CFS of the UPE

...

...

...

1.3 MNE Group's structure

1.3.1 The Ultimate Parent Entity

1. Jurisdiction of residence of the UPE

2. Name of the UPE

3. TIN/EIN of the UPE

...

...

...

1.3.2 MNE Group Entities in Vietnam

Changes from previous Reporting Fiscal Year

□ Yes

□ No

1. Name of the Constituent Entity, JV, or JV subsidiary

2. TIN

3. Type of entity under the GloBE Rules

...

...

...

1.3.3 Excluded Entity

Changes from previous Reporting Fiscal Year

□ Yes

□ No

1. Name of the Excluded Entity

2. TIN

3. Type of the Excluded Entity

...

...

...

1.3.4 Changes in the Group’s structure during the Reporting Fiscal Year

a. Changes in the Group’s structure during the fiscal year affecting the calculation of Effective Tax Rate (ETR), Top-Up Tax, or the calculation and allocation of Top-Up Tax

b. Changes in the Group’s structure during the fiscal year not affecting the calculation of ETR, Top-Up Tax, or the calculation and allocation of Top-Up Tax

□

□

1. Name of the Constituent Entity/JV/JV subsidiary

...

...

...

3. Effective date of the change

4. Status for GloBE purposes before the change

5. Status for GloBE purposes after the change

2 Safe harbours applied in Vietnam

...

...

...

1. Safe harbours applied

2.1.1 Safe Harbours – Simplified calculation for Non-material Constituent Entities (NMCE)

1. Total revenue of all NMCEs in Vietnam

2. Aggregate simplified tax of all NMCEs in Vietnam

a. Reporting Fiscal Year

...

...

...

Not applicable

c. 2nd preceding Fiscal year (if applicable)

Not applicable

d. Average of 3 Fiscal Years (if applicable)

Not applicable

2.1.2. Transitional Country-by-Country Reporting (CbCR) Safe Harbours

...

...

...

2. Profit before corporate income tax or loss of the MNE Group in Vietnam

3. Total simplified covered taxes

4. Simplified ETR

2.2 De minimis exclusion (QDMTT = 0)

□ De minimis exclusion

...

...

...

1. Financial Accounting Revenue

2. GloBE revenue

3. Financial Accounting Net Income or Loss (“FANIL”)

4. GloBE income or loss

a. Reporting Fiscal Year

...

...

...

b. 1st preceding Fiscal year (if applicable)

c. 2nd preceding Fiscal year (if applicable)

...

...

...

d. Average of 3 Fiscal Years (if applicable)

2.3. Safe harbours in the initial phase of international investment activities

1. First day of the First Fiscal Year in which the MNE Group originally came within the scope of GloBE Rules

...

...

...

3. Book value of tangible assets of all Constituent Entities located in the reference jurisdiction for the First Fiscal Year in which the MNE Group originally came within the scope of GloBE Rules

4. Number of jurisdictions where the MNE Group has Constituent Entities for the Fiscal Year in which the MNE Group originally comes within the scope of GloBE Rules

5. Book value of tangible assets of Constituent Entities located outside the reference jurisdiction for the First Fiscal Year in which the MNE Group originally came within the scope of GloBE Rules

Book value of tangible assets of all Constituent Entities located in each jurisdiction

Jurisdiction A

…

...

...

...

…

…

…

6. Number of jurisdictions where the MNE Group has Constituent Entities during the Reporting Fiscal Year

7. Total book value of tangible assets of all Constituent Entities located in jurisdictions other than the reference jurisdiction during the Reporting Fiscal Year

3 GloBE computations

3.1. Determination of Excess Profit

...

...

...

1. Aggregate FANIL amount after allocation of income of loss between a Main Entity and a Permanent Establishment, allocation of income or loss of permanent establishments whose UPE is a Flow-through Entity

2. Adjustments

3. Net GloBE income or loss

2.1. Net taxes expense

2.2. Excluded dividends

2.3. Excluded equity gain or loss

2.4. Revaluated gain or loss

2.5. Asymmetric foreign currency gain or loss

2.6. Non-deductible expenses

...

...

...

2.8. Changes in accounting principles

2.9. Accrued pension expenses provided by pension funds

2.10. Debt releases

2.11. Stock-based compensation

2.12. Arm’s length adjustments

2.13. Unqualified refundable tax credit

2.14. Election to use realization method for assets and liabilities accounted for using the fair value method or impairment accounting

2.15 Intragroup financing arrangement expense

2.16. Change in income or loss from taxes paid on behalf of policyholders  on income of policyholders

...

...

...

2.18. Constituent Entities joining and leaving an MNE Group

2.19. Changes in GloBE income or loss of permanent establishments whose UPE is a Flow-through Entity

2.20. Excluded international shipping income

2.21. Transfer of assets between Constituent Entities after 30/11/2021 and before the transitional year

...

...

...

...

...

...

3.1.2. Tangible asset carve-out and payroll carve-out under the GLoBE rules (Substance-based Income Exclusion)

...

...

...

1. Payroll carve-out

2. Tangible asset carve-out

3. Aggregate tangible asset carve-out and payroll carve-out under the GloBE Rules

1.1. Eligible payroll costs

1.2. Carve-out rate

2.1. Value of eligible tangible asset

2.2. Carve-out rate

...

...

...

3.1.2.2 Allocation of eligible payroll costs and value of eligible tangible assets between a Main Entity and a permanent establishment

1. Jurisdiction of residence of the Main Entity

2. Eligible payroll costs of the Main Entity

3. Value of eligible tangible assets of the Main Entity

4. Jurisdiction of residence of the Permanent Establishment

5. Eligible payroll costs of the permanent establishment

...

...

...

7. Eligible payroll costs after allocation of the Main Entity

8. Value of eligible tangible assets after allocation of the Main Entity

...

...

...

3.1.2.3 Allocation of tangible asset carve-out and payroll carve-out of permanent establishments whose UPE is a Flow-through Entity

1. Eligible payroll costs of permanent establishments whose UPE is a Flow-through Entity

2. Value of eligible tangible assets of permanent establishments whose UPE is a Flow-through Entity

3. Jurisdiction of residence of holders of Ownership Interests in the UPE

4. Eligible payroll costs of holders of Ownership Interests in the UPE

5. Value of eligible tangible assets allocated to holders of Ownership Interests in the UPE

6. Eligible payroll costs of the permanent establishments whose UPE is a Flow-through Entity after allocation to holders of Ownership Interests in the UPE

7. Value of eligible tangible assets of permanent establishments whose UPE is a Flow-through Entity after allocation to holders of Ownership Interests in the UPE

...

...

...

3.2 Computation of Adjusted Covered Taxes

3.2.1 Total amount of Adjusted Covered Taxes

1. Total covered taxes after allocation from one Constituent Entity to another Constituent Entity

2. Adjustments

...

...

...

2.1. Covered tax accrued as an expense in the profit before taxation in the financial accounts

2.2. GloBE loss deferred tax asset

2.3. Covered taxes paid in the fiscal year for uncertain tax position (pending adjustment) recorded as a reduction to covered taxes in the preceding fiscal year

2.4. Current tax expense on income excluded from GloBE Income or Loss

2.5. Non-qualified refundable tax credit, non-marketable transferable tax credit or other tax credits not recorded as a reduction to current tax expense

2.6. Covered Taxes refunded or credited of a Constituent Entity  not recorded as a reduction to current tax expenses in the financial accounts

2.7. Current tax expense related to uncertain tax position (pending adjustment)

2.8. Current tax expense not expected to be paid within three years from the last day of the fiscal year

2.9. Post-filing adjustments

...

...

...

2.11. Total deferred tax adjustment amount

2.12. Increase or decrease in covered taxes not recorded in tax current tax expenses or deferred tax expenses but  recorded in equity or other comprehensive income relating to amounts included in GloBE Income or Loss that will be subject to domestic taxes

2.13. Excess negative tax expense arising in the Reporting Fiscal Year

2.14. Excess negative tax expense utilized in the Reporting Fiscal Year

...

...

...

...

...

...

3.2.2 Excess negative tax expense

1. Balance from prior Reporting Fiscal Years

2. Excess negative tax expense generated in the Reporting Fiscal Year

3. Excess negative tax expense utilized for the Reporting Fiscal Year

4. Excess negative tax expense remaining for subsequent Reporting Fiscal Years

...

...

...

3.2.3 Jurisdictional computations relating to deferred tax accounting

3.2.3.1 Deferred tax adjustments

a. Summary

1. Deferred tax expense amount

[A]

2. Deferred tax expense amount at the minimum rate
[B] = [C] + [D]

3. Deferred tax asset recorded at a lower tax rate than the minimum rate in the fiscal year attributable to a GloBE loss [C]

4. Deferred tax asset recorded at a higher tax rate than the minimum rate and recast at the minimum rate [D]

5. Total amount of the adjustments

...

...

...

b. Breakdown of the adjustments

1.1. Deferred tax expense related to items excluded from GloBE Income or Loss

1.2. Deferred tax expense related to disallowed accruals

...

...

...

1.4. Valuation adjustment or accounting recognition adjustment related to a deferred tax asset

1.5. Deferred tax expense arising from a re-measurement related to changes in the tax rate in a jurisdiction

1.6. Deferred tax expense related to the generation and use of tax credits

1.7. Substitute loss from deferred tax asset carried forward

1.8. Unclaimed accruals paid during the fiscal year

1.9. Deferred tax liabilities recaptured in the prior fiscal year and paid during the current fiscal year

1.10. 
Loss on deferred tax asset that is not included in the financial statement due to the recognition criteria not being met

1.11. Deferred tax expense adjustment resulting from a tax rate reduction

1.12. Deferred tax expense adjustment resulting from a tax rate increase

...

...

...

1.14. Adjustments to deferred tax expense of permanent establishments whose UPE is a Flow-through Entity

1.15. Transfer of assets between Constituent Entities after 30/11/2021 and before the transitional year

2. Total amount of the adjustments

...

...

...

...

...

...

1. Fiscal year

2. Deferred tax liability

3. Deferred tax reversed

4. Deferred tax not reversed

4th preceding fiscal year

3^rd  preceding fiscal year

2^nd preceding fiscal year

1^st preceding fiscal year

Reporting Fiscal Year

...

...

...

5^th preceding fiscal year

...

...

...

4^th preceding fiscal year

Not applicable

...

...

...

Not applicable

Not applicable

2^nd preceding fiscal year

...

...

...

Not applicable

Not applicable

Not applicable

1st preceding fiscal year

...

...

...

Not applicable

Not applicable

Not applicable

Reporting Fiscal Year

Not applicable

...

...

...

Not applicable

Not applicable

Not applicable

Not applicable

3.2.3.3 Transition rules

1. Transition year

a. Deferred tax liabilities and deferred tax assets during transition

...

...

...

1. Deferred tax liabilities

1.1. Deferred tax liabilities at the beginning of the transition year

1.2. Deferred tax liabilities recast at the minimum rate (if applicable)

a.2. Deferred tax assets

1. Deferred tax assets

1.1. Deferred tax assets at the beginning of the transition year

1.2. Deferred tax assets recast at the minimum rate (if applicable)

...

...

...

1.4. Deferred tax assets taken into account for GloBE purposes

b. Asset transfer between Constituent Entities after November 30, 2021 and before the transition year

1. Jurisdictions of residence of the transferring Constituent Entities

2. Tax paid on the transactions

3.  Net Deferred tax asset or liability reflected transferring Constituent Entities

...

...

...

5. Net Deferred tax asset or liability with respect to the transferred assets for GloBE purposes for the acquiring Constituent Entities

3.3 Jurisdictional elections

3.3.1 Elections

3.3.1.1. Annual elections

...

...

...

2. Election not to apply Substance-based Income Exclusion

3. Election to apply a negative tax expense management process

□

□

□

3.3.1.2. Five-year elections

1. Election not to adjust equity gains or losses

2. Election to substitute stock-based compensation in financial accounts with deductible expenses

3. Election to use realization method for assets and liabilities accounted for using the fair value method or impairment accounting in the consolidated financial statements

...

...

...

Revocation year

Election year

Revocation year

Election year

Revocation year

...

...

...

3.3.1.3. GloBE loss election

1. GloBE loss election

Election year

Revocation year

3.3.2 Information related to election not to adjust equity gains or losses

1. Equity gains or losses with respect to election not to adjust equity gains or losses

...

...

...

3. Addition to the owner’s investment in a Qualified Ownership Interest

4. Reduction to the owner’s investment in a Qualified Ownership Interest

5. Outstanding balance of the owner’s investment in a Qualified Ownership Interest

3.4 Effective Tax Rate (ETR)

...

...

...

2. Net GloBE income or loss

3. Corporate income tax expense in financial accounts

4. Adjusted Covered Taxes

5. ETR

...

...

...

3.5.1 Additional Current Top-up Tax amount in case ETR and top-up tax of the preceding fiscal year has to be recalculated

1. Basis for the adjustment

2. Relevant year

3. Net GloBE income or loss

4. Adjusted Covered Taxes

5. ETR (%)

6. Excess Profit

7. Top-up tax rate (%)

8. Top-up tax

...

...

...

a. Previously reported:

b. Recalculated:

a. Previously reported:

b. Recalculated:

a. Previously reported

b. Recalculated:

a. Previously reported:

b. Recalculated:

a. Previously reported:

...

...

...

a. Previously reported:

b. Recalculated:

...

...

...

3.5.2 Additional Current Top-up Tax amount when there is no Net GloBE income in a jurisdiction, if Adjusted Covered Taxes for the jurisdiction are negative and smaller than the expected Adjusted Covered Taxes

...

...

...

2. GloBE loss [2]

3. Expected Adjusted Covered Taxes [3] = 15% x [2]

4. Additional Current Top-up Tax [4] = [3] - [1]

3.6 Top-up tax computation

1. Top-up Tax rate  [1] = 15% - ETR

...

...

...

3. Excess Profit [3] = Net GloBE income - [2]

4. Additional Current Top-up Tax [4]

5. Top-up tax [5] = [1] x [3] + [4]

4. Computations of Constituent Entities, JVs, JV subsidiaries

...

...

...

4.1.1 FANIL adjustments

1. Name of Constituent Entity/JV/JV subsidiary

2. TIN

3. Aggregate FANIL amount after allocation of income of loss between a Main Entity and a Permanent Establishment, allocation of income or loss of a permanent establishment whose UPE is a Flow-through Entity

4. Adjustments

5. GloBE income or loss

4.1. Net taxes expense

4.2. Excluded dividends

4.3. Excluded equity gain or loss

...

...

...

4.5. Asymmetric foreign currency gain or loss

4.6. Non-deductible expenses

4.7. Prior period errors

4.8. Changes in accounting principles

4.9. Accrued pension expenses provided by pension funds

4.10. Debt releases

4.11. Stock-based compensation

4.12. Arm’s length adjustments

4.13. Unqualified refundable tax credit

...

...

...

4.15 Intragroup financing arrangement expense

4.16. Change in income or loss from taxes paid on behalf of policyholders  on income of policyholders

4.17. Adjustments attributed to Additional Tier One Capital, limited Tier One capital

4.18. Constituent Entities joining and leaving an MNE Group

4.19. Changes in GloBE income or loss of permanent establishments whose UPE is a Flow-through Entity

4.20. Excluded international shipping income

4.21. Transfer of assets between Constituent Entities after 30/11/2021 and before the transitional year

…

...

...

...

...

...

...

...

...

...

4.1.2 Allocation of income or loss between a Main Entity and a Permanent Establishment

1. Name of the Main Entity

2. TIN/EIN of the Main Entity

3. Jurisdiction of residence of the Main Entity

4. FANIL of the Main Entity before adjustment

5. Name of the Permanent Establishment

...

...

...

7. Jurisdiction of residence of the Permanent Establishment

8. FANIL before allocated by the Main Entity to the Permanent Establishment

9. FANIL of the Main Entity after allocation to the Permanent Establishment

…

...

...

...

4.1.3. Allocation of income or loss of permanent establishments whose UPE is a Flow-through Entity

1. Name of the Permanent Establishment

2. TIN/EIN of the Permanent Establishment

3. FANIL of the permanent establishment before adjustment

4. Names of holders of Ownership Interests in the UPE

5. TIN/EIN of holders of Ownership Interests in the UPE

6. Jurisdiction of residence of holders of Ownership Interests in the UPE

...

...

...

8. FANIL of the permanent establishment after to holders of Ownership Interests in the UPE

…

...

...

...

1. Name of Constituent Entity/JV/JV subsidiary

2. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

3. Basis for adjustment

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Jurisdiction of residence of Constituent Entity/JV/JV subsidiary

7. Increase in GloBE income or loss of Constituent Entity/JV/JV subsidiary

8. Decrease in GloBE income or loss of Constituent Entity/JV/JV subsidiary

…

...

...

...

4.2  Adjusted Covered Taxes

4.2.1 Adjustments to the Current tax expense in the Financial Accounts

1. Name of Constituent Entity/JV/JV subsidiary

...

...

...

3. Covered taxes after allocation from one Constituent Entity to another Constituent Entity

4. Adjustments

5. Adjusted Covered Taxes

4.1. Covered tax accrued as an expense in the profit before taxation in the financial accounts

4.2. GloBE loss deferred tax asset

4.3. Covered taxes paid in the fiscal year for uncertain tax position (pending adjustment) recorded as a reduction to covered taxes in the preceding fiscal year

4.4. Current tax expense on income excluded from GloBE Income or Loss

4.5. Non-qualified refundable tax credit, non-marketable transferable tax credit or other tax credits not recorded as a reduction to current tax expense

4.6. Covered Taxes refunded or credited of a Constituent Entity  not recorded as a reduction to current tax expenses in the financial accounts

...

...

...

4.8. Current tax expense not expected to be paid within three years from the last day of the fiscal year

4.9. Post-filing adjustments

4.10. Adjustments to covered taxes of permanent establishments whose UPE is a Flow-through Entity

4.11. Total deferred tax adjustment amount

4.12. Increase or decrease in covered taxes not recorded in tax current tax expenses or deferred tax expenses but  recorded in equity or other comprehensive income relating to amounts included in GloBE Income or Loss that will be subject to domestic taxes

4.13. Excess negative tax expense arising in the Reporting Fiscal Year

4.14. Excess negative tax expense utilized in the Reporting Fiscal Year

…

...

...

...

...

...

...

4.2.2 Allocation of covered taxes from one Constituent Entity to another Constituent Entity

1. Name of Constituent Entity/JV/JV subsidiary

2. TIN of Constituent Entity/JV/JV subsidiary

...

...

...

4. Basis for adjustment

5. Name of Constituent Entity/JV/JV subsidiary

6. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

7. Jurisdiction of residence of Constituent Entity/JV/JV subsidiary

8. Increases in covered taxes of the Constituent Entity, JV, or JV subsidiary

9. Decreases in covered taxes of the Constituent Entity, JV, or JV subsidiary

10. Covered taxes of the Constituent Entity, JV, or JV subsidiary after adjustment

…

...

...

...

4.2.3 Deferred tax adjustments

1. Name of Constituent Entity/JV/JV subsidiary

...

...

...

3. Adjustments

4. Total deferred tax adjustment amount

3.1. Deferred tax expense related to items excluded from GloBE Income or Loss

3.2. Deferred tax expense related to disallowed accruals

3.3. Deferred tax expense related to unclaimed accruals

3.4. Valuation adjustment or accounting recognition adjustment related to a deferred tax asset

3.5. Deferred tax expense arising from a re-measurement related to changes in the tax rate in a jurisdiction

3.6. Deferred tax expense related to the generation and use of tax credits

3.7. Substitute loss from deferred tax asset carried forward

...

...

...

3.9. Deferred tax liabilities recaptured in the prior fiscal year and paid during the current fiscal year

3.10. 
Loss on deferred tax asset that is not included in the financial statement due to the recognition criteria not being met

3.11. Deferred tax expense adjustment resulting from a tax rate reduction

3.12. Deferred tax expense adjustment resulting from a tax rate increase

3.13. Constituent Entities joining and leaving an MNE Group

3.14. Deferred tax expense of permanent establishments whose UPE is a Flow-through Entity

3.15. Transfer of assets between Constituent Entities after 30/11/2021 and before the transitional year

…

...

...

...

...

...

...

4.3. Constituent Entity elections

4.3.1. Annual elections

1. Name of Constituent Entity/JV/JV subsidiary for which an election is made

...

...

...

3. Debt Release election

4. Election not to include unclaimed accruals in the fiscal year in total deferred tax adjustments

□

□

4.3.2. Five-year elections

1. Name of Constituent Entity/JV/JV subsidiary for which an election is made

2. TIN of Constituent Entity/JV/JV subsidiary

...

...

...

4. Election to include of all dividends with respect to Portfolio Shareholdings when computing GloBE income or loss, regardless of short-term Ownership Interests

5. Election to treat foreign exchange gains or losses attributable to hedging as a FANIL of the Constituent Entity following the same rules for adjusting excluded equity gain or loss

Election year

Revocation year

Election year

Revocation year

Election year

Revocation year

…

...

...

...

4.3.3 Election to adjust book values of assets and liabilities at fair values upon their transfer

1. Name of Constituent Entity/JV/JV subsidiary for which an election is made

2. TIN of Constituent Entity/JV/JV subsidiary

...

...

...

4. Election to adjust book values of assets and liabilities at fair values upon their transfer

4.1. Fiscal Year of the triggering event

4.2. Spread over 05 fiscal year, including the fiscal year of triggering event and the next 04 fiscal years

…

□

□

4.4. International shipping income exclusion

...

...

...

1. Name of Constituent Entity/JV/JV subsidiary

2. TIN of Constituent Entity/JV/JV subsidiary

3. International shipping income exclusion

4. Qualified Ancillary International Shipping Income

5. Effect on substance-based Income Exclusion

6. Covered taxes on international shipping income or Qualified Ancillary International Shipping Income

3.1. Category

3.2. Revenue

3.3. Costs

...

...

...

4.1. Category

4.2. Revenue

4.3. Costs

4.4. Qualified Ancillary International Shipping Income

5.1. Eligible payroll costs attributable to the excluded international shipping income or qualified ancillary international shipping income

5.2. Eligible value of tangible assets used in generation of excluded international shipping income or qualified international shipping income

…

...

...

...

...

...

...

4.4.2 Jurisdictional cap for the qualified ancillary international shipping income exclusion

1. Total International shipping income [1]

2. 50% cap for the total international shipping income exclusion [2] = 50% x [1]

3. Qualified Ancillary International Shipping Income [3]

4. Excess of the cap [4] = [3] - [2]

...

...

...

1. Name of the Constituent Entity/JV/JV subsidiary whose FANIL is determined using accounting standards the Accounting Standards used for preparation of consolidated financial statements of the UPE

2. TIN of Constituent Entity/JV/JV subsidiary

3. Acceptable or Authorised Financial Accounting Standard

…

I hereby certify that the information above is accurate and that I am responsible for my the information provided./.

TAX AGENT’S EMPLOYEE

...

...

...

Practicing certificate No. ……….

........, [location, date]

FILING ENTITY
or LEGAL REPRESENTATIVE OF FILING ENTITY
(Signature, full name; position and seal (if any)/electronic signature)

Form No. 01/TKTT- IIR

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

INFORMATION RETURN

(Applicable to Income Inclusion Rule)

...

...

...

[02] First time □              [03] ...... revision

[04] Name of Filing Constituent Entity: ………………………………

[05] Tax identification number (TIN)/Enterprise identification number (EIN) under the GloBE Rules:

[06] Name of tax agent (if any): ……………………………………………………………

[07] TIN/EIN:

[08] Tax agent contract No.  ………………………… dated …………………………

Currency: ……..

1 MNE GROUP INFORMATION

1.1 Identification of the Filing Constituent Entity

...

...

...

2. Name of Filing Constituent Entity

3 TIN of Filing Constituent Entity under the GloBE Rules

4. Jurisdiction having a Competent Authority Agreement for the Exchange of GloBE Information with Vietnam (if any)

□ Yes

□ No

1.2 MNE Group general information

...

...

...

1. Name of the MNE Group

2. Starting date of the fiscal year

3. Ending date of the fiscal year

1.2.2 General accounting information of the MNE Group

1. Consolidated financial statements (CFS) of the UPE

2. Financial accounting standard used for the CFS of the UPE

...

...

...

1.3 MNE Group's structure

1.3.1 The Ultimate Parent Entity

1. Name of the UPE

2. TIN of the UPE

...

...

...

4. Type of business if the UPE is an Excluded Entity

1.3.2. Entities of the MNE Group

1.3.2.1. Constituent Entities, Joint Ventures (JVs), JV subsidiaries

Changes from previous Reporting Fiscal Year

□ Yes

□ No

a. Information about provisions of GLoBE rules in the jurisdiction

...

...

...

2. Provisions of GLoBE Rules in the jurisdiction

…

b. Identification of the Constituent Entity, JV, or JV subsidiary and entities holding of Ownership Interests in the Constituent Entity, JV, or JV subsidiary

1. Jurisdiction

2. Identification of the Constituent Entity, JV, or JV subsidiary

3 Information about entities holding Ownership Interests in the Constituent Entity, JV, or JV subsidiary

2.1. Names of Constituent Entity/JV/JV subsidiary

2.2. TIN/EIN in jurisdiction of residence

...

...

...

2.4 Type of entity under the GloBE Rules

3.1. Name of owner of Ownership Interests

3.2. Type of owner of Ownership Interests

3.3. TIN/EIN in jurisdiction of residence

3.4. Ownership Interests held

…

...

...

...

c. Information about the constituent entity that is an Intermediate Parent Entity or Partially-Owned Parent Entity

1. Jurisdiction

2. Name of Parent Entity

3. TIN/EIN of Parent Entity

4. Type of Parent Entity

...

...

...

…

□ Yes

□ No

d. Information about application of the Qualified Undertaxed Profits Rule (UTPR)

Is Safe Harbours under the UTPR provided for the MNE Group during the initial phase of international investment?

□ Yes

...

...

...

1. Jurisdiction

2. Name of Constituent Entity/JV/JV subsidiary

3. TIN/EIN in jurisdiction of residence

4. Aggregate Ownership Interests (%) corresponding to allocable share of Top-up Tax of Parent Entities required to apply a Qualified IIR in the Constituent Entity, JV, or JV subsidiary

5. Are the aggregate Ownership Interests (%) corresponding to allocable share of Top-up Tax of the UPE in the Constituent Entity, JV, or JV subsidiary greater than the aggregate Ownership Interests (%) corresponding to allocable share of Top-up Tax of Parent Entities required to apply Qualified IIR in that Constituent Entity, JV, or JV subsidiary?

...

...

...

□ Yes

□ No

1.3.2.2 Excluded Entity

Changes from previous Reporting Fiscal Year

□ Yes

□ No

1. Jurisdiction

2. Name of the Excluded Entity

...

...

...

4. Type of the Excluded Entity

1.3.3 Changes in the Group’s structure during the Reporting Fiscal Year

a. Changes in the Group’s structure during the fiscal year affecting the calculation of Effective Tax Rate (ETR), Top-Up Tax, or the calculation and allocation of Top-Up Tax

b. Changes in the Group’s structure during the fiscal year not affecting the calculation of ETR, Top-Up Tax, or the calculation and allocation of Top-Up Tax

□

...

...

...

1. Name of the Constituent Entity, JV, or JV subsidiary

2. TIN/EIN in jurisdiction of residence

3. Effective date of the change

4. Status for GloBE purposes before the change

5. Status for GloBE purposes after the change

6. Entities holding Ownership Interests in the Constituent Entity, JV, or JV subsidiary before or after the change

7. Ownership Interests held in the Constituent Entity, JV, or JV subsidiary before the change

8. Ownership Interests held in the Constituent Entity, JV, or JV subsidiary after the change

...

...

...

1.4. Summary of application of GloBE Rules

1. Jurisdiction

...

...

...

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Jurisdiction with taxing rights

5. Safe Harbour applied

6. ETR range

7. Has application of tangible asset carve-out and payroll carve-out (Substance-Based Income Exclusion) resulted in Top-up Tax arising?

8. QDMTT range

9. Top-up Tax range under the IIR

…

...

...

...

□ Yes

□ No

□ Not applicable

2  Jurisdictional safe harbours

...

...

...

1. Jurisdiction

2. Safe harbours applied

…

2.1.1 Safe Harbours – Simplified calculation for Non-material Constituent Entities (NMCE)

1. Jurisdiction

2. Total revenue of all NMCEs in the jurisdiction

3. Aggregate simplified tax of all NMCEs in the jurisdiction

a. Reporting Fiscal Year

...

...

...

c. 2^nd preceding Fiscal year (if applicable)

d. Average of 3 Fiscal Years (if applicable)

...

...

...

...

2.1.2.1. Transitional Country-by-Country Reporting (CbCR) Safe Harbours

1. Jurisdiction

2. Group of entities applying transitional CbCR safe harbours

3. Name of group of entities applying transitional CbCR safe harbours

4. Total revenue of the MNE Group in the jurisdiction

5. Profit before corporate income tax or loss of the MNE Group in the jurisdiction

6. Total simplified covered taxes

7. Simplified ETR (%)

…

...

...

...

2.1.2.2. Transitional UTPR safe harbours

1. Jurisdiction

2. Nominal tax rate

…

...

...

...

2.2 De minimis exclusion (QDMTT = 0)

1. Jurisdiction

2. QDMTT = 0

…

□ Yes

□ No

1 Jurisdiction

2 Financial Accounting Revenue

...

...

...

4. Financial Accounting Net Income or Loss (“FANIL”)

5. GloBE income or loss

a. Reporting Fiscal Year

b. 1^st preceding Fiscal year (if applicable)

c. 2^nd preceding Fiscal year (if applicable)

d. Average of 3 Fiscal Years (if applicable)

a. Reporting Fiscal Year

b. 1st preceding Fiscal year (if applicable)

c. 2nd preceding Fiscal year (if applicable)

...

...

...

a. Reporting Fiscal Year

b. 1st preceding Fiscal year (if applicable)

c. 2nd preceding Fiscal year (if applicable)

d. Average of 3 Fiscal Years (if applicable)

a. Reporting Fiscal Year

b. 1st preceding Fiscal year (if applicable)

c. 2nd preceding Fiscal year (if applicable)

d. Average of 3 Fiscal Years (if applicable)

...

...

...

...

...

...

...

2.3 Safe harbours in the initial phase of international investment activities

1. First day of the First Fiscal Year in which the MNE Group originally came within the scope of GloBE Rules

2. Reference jurisdiction

...

...

...

3. Book value of tangible assets of all Constituent Entities located in the reference jurisdiction for the First Fiscal Year in which the MNE Group originally came within the scope of GloBE Rules

4. Number of jurisdictions where the MNE Group has Constituent Entities for the Fiscal Year in which the MNE Group originally comes within the scope of GloBE Rules

5. Book value of tangible assets of Constituent Entities located outside the reference jurisdiction for the First Fiscal Year in which the MNE Group originally came within the scope of GloBE Rules

Book value of tangible assets of all Constituent Entities located in each jurisdiction

…

...

…

...

...

...

6.  Number of jurisdictions where the MNE Group has Constituent Entities during the Reporting Fiscal Year

7. Total book value of tangible assets of all Constituent Entities located in jurisdictions other than the reference jurisdiction during the Reporting Fiscal Year

3. GloBE computations

3.1. Determination of Excess Profit

3.1.1 Determination of GloBE income or loss

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

...

...

...

4. Aggregate FANIL amount after allocation of income of loss between a Main Entity and a Permanent Establishment, allocation of income or loss of Flow-through Entities

5. Adjustments

6. Net GloBE income or loss

5.1. Net taxes expense

5.2. Excluded dividends

5.3. Excluded equity gain or loss

5.4. Revaluated gain or loss

5.5. Excluded gain or loss from disposition of assets and liabilities

5.6. Asymmetric foreign currency gain or loss

...

...

...

5.8. Prior period errors

5.9. Changes in accounting principles

5.10. Accrued pension expenses provided by pension funds

5.11 Debt releases

5.12. Stock-based compensation

5.13. Arm’s length adjustments

5.14. Qualified refundable tax credit or marketable transferable tax credit

5.15. Election to use realization method for assets and liabilities accounted for using the fair value method or impairment accounting

5.16. Election to spread income from transfer of tangible assets and real estate

...

...

...

5.18 Election for consolidated accounting treatment to eliminate income, expenses, gains and losses resulting from transactions between Constituent Entities located in the same jurisdiction in the same consolidate tax statement

5.19. Change in income or loss from taxes paid on behalf of policyholders  on income of policyholders

5.20. Change in income or loss attributed to Additional Tier One Capital, limited Tier One capital

5.21. Constituent Entities joining and leaving an MNE Group

5.22. Change in GloBE income of the UPE that is a Flow-through Entity

5.23.  Change in GloBE income of the UPE that is subject to a Deductible Dividend Regime

5.24. Taxable Distribution Method election

5.25. Excluded international shipping income

5.26. Transfer of assets between Constituent Entities after 30/11/2021 and before the transitional year

...

...

...

…

...

...

...

...

...

...

...

...

...

3.1.2. Tangible asset carve-out and payroll carve-out under the GloBE Rules

3.1.2.1. Aggregate tangible asset carve-out and payroll carve-out under the GloBE Rules

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Payroll carve-out

5. Tangible asset carve-out

6. Aggregate tangible asset carve-out and payroll carve-out under the GloBE Rules

...

...

...

4.2. Carve-out rate

5.1. Value of eligible tangible asset

5.2. Carve-out rate

…

...

...

...

3.1.2.2 Allocation of eligible payroll costs and value of eligible tangible assets between a Main Entity and a permanent establishment

1. Jurisdiction of residence of the Main Entity

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Eligible payroll costs of the Main Entity

5. Value of eligible tangible assets of the Main Entity

6. Jurisdiction of residence of the permanent establishment

...

...

...

8. Value of eligible tangible assets allocated to the permanent establishment

9. Eligible payroll costs after allocation of the Main Entity

10. Value of eligible tangible assets after allocation of the Main Entity

…

...

...

...

3.1.2.3. Allocation of eligible payroll costs and value of eligible tangible assets of a Flow-through Entity

1. Jurisdiction of residence of the Flow-through Entity

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Eligible payroll costs of the Flow-through Entity

5. Value of eligible tangible assets of the Flow-through Entity

...

...

...

7. Eligible payroll costs allocated to the owner of the Flow-through Entity

8. Value of eligible tangible assets allocated to the owner of the Flow-through Entity

9. Eligible payroll costs after allocation of the Flow-through Entity

10. Value of eligible tangible assets after allocation of the Flow-through Entity

…

...

...

...

3.2. Computation of Adjusted Covered Taxes

3.2.1. Total amount of Adjusted Covered Taxes

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

...

...

...

5. Adjustments

6. Adjusted Covered Taxes

5.1. Covered tax accrued as an expense in the profit before taxation in the financial accounts

5.2. GloBE loss deferred tax asset

5.3. Covered taxes paid in the fiscal year for uncertain tax position (pending adjustment) recorded as a reduction to covered taxes in the preceding fiscal year

5.4. Qualified refundable tax credit or marketable transferable tax credit recorded as a reduction to current tax expense

5.5. Qualified tax benefits through a non-taxable entity

5.6. Current tax expense on income excluded from GloBE Income or Loss

5.7. Non-qualified refundable tax credit, non-marketable transferable tax credit or other tax credits not recorded as a reduction to current tax expense

...

...

...

5.9. Current tax expense related to uncertain tax position (pending adjustment)

5.10. Current tax expense not expected to be paid within three years from the last day of the fiscal year

5.11. Post-filing adjustments

5.12. Covered Taxes relating to allocation of income from transfer of tangible assets that are real estate

5.13. Adjustments to covered taxes of the UPE that is a Flow-through Entity

5.14. Adjustments to covered taxes of the UPE that is subject to a Deductible Dividend Regime

5.15. Deemed Distribution Tax

5.16. Taxable Distribution Method election

5.17. Total deferred tax adjustment amount

...

...

...

5.19. Excess negative tax expense generated in the Reporting Fiscal Year

5.20. Excess negative tax expense utilized in the Reporting Fiscal Year

…

...

...

...

...

...

...

3.2.2 Excess negative tax expense

...

...

...

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Balance from prior Reporting Fiscal Years

5. Excess negative tax expense generated in the Reporting Fiscal Year

6. Excess negative tax expense utilized for the Reporting Fiscal Year

7. Excess negative tax expense remaining for subsequent Reporting Fiscal Years

...

...

...

3.2.3 Transitional blended controlled foreign companies (“CFC”) tax regime

1. CFC jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Taxes allocated to that group under a blended CFC tax regime

…

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...

...

3.2.4 Jurisdictional computations relating to deferred tax accounting

3.2.4.1. Deferred tax adjustments

a. Summary

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Deferred tax expense amount

...

...

...

6. Deferred tax asset recorded at a lower tax rate than the minimum rate in the fiscal year attributable to a GloBE loss [C]

7. Deferred tax asset recorded at a higher tax rate than the minimum rate and recast at the minimum rate [D]

8. Total amount of the adjustments

9. Total deferred tax adjustment amount [F] = [B] +/- [E]

…

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...

b. Breakdown of the adjustments

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Adjustments

5. Total amount of the adjustments

...

...

...

4.2. Deferred tax expense related to disallowed accruals

4.3. Deferred tax expense related to unclaimed accruals

4.4. Valuation adjustment or accounting recognition adjustment related to a deferred tax asset

4.5. Deferred tax expense arising from a re-measurement related to changes in the tax rate in a jurisdiction

4.6. Deferred tax expense related to the generation and use of tax credits

4.7. Substitute loss from deferred tax asset carried forward

4.8. Unclaimed accruals paid during the fiscal year

4.9. Deferred tax liabilities recaptured in the prior fiscal year and paid during the current fiscal year

4.10. 
Loss on deferred tax asset that is not included in the financial statement due to the recognition criteria not being met

...

...

...

4.12. Deferred tax expense adjustment resulting from a tax rate increase

4.13. Constituent Entities joining and leaving an MNE Group

4.14. Adjustments to deferred tax expense of the UPE that is a Flow-through Entity

4.15. Adjustments to deferred tax expense of the UPE that is subject to a Deductible Dividend Regime

4.16. Transfer of assets between Constituent Entities after 30/11/2021 and before the transitional year

…

...

...

...

...

...

...

c. Loss carry backs

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

...

...

...

4. Deferred tax assets attributable to loss carry backs

5. Covered tax refund relating to loss carry backs

a. Amount attributed to Fiscal Year X

b. Amount attributed to Fiscal Year Y

...

...

...

...

...

...

...

...

...

...

c. Total

a. Amount attributed to Fiscal Year X

b. Amount attributed to Fiscal Year Y

...

...

...

...

...

...

...

...

...

...

c. Total

...

...

...

...

...

...

...

...

...

3.2.4.2 Recapture mechanism

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

...

...

...

4. Fiscal year

5. Deferred tax liability

6. Deferred tax reversed

7. Deferred tax not reversed

4^th preceding fiscal year

3^rd preceding fiscal year

2^nd preceding fiscal year

1^st preceding fiscal year

Reporting Fiscal Year

...

...

...

5^th preceding fiscal year

...

...

...

4^th preceding fiscal year

Not applicable

...

...

...

3^rd preceding fiscal year

Not applicable

Not applicable

...

...

...

2^nd preceding fiscal year

Not applicable

Not applicable

Not applicable

...

...

...

1st preceding fiscal year

Not applicable

Not applicable

Not applicable

Not applicable

...

...

...

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

3.2.4.3 Transition rules

...

...

...

a. Deferred tax liabilities and deferred tax assets during transition

a.1. Deferred tax liabilities

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Deferred tax liabilities

4.1. Deferred tax liabilities at the beginning of the transition year

4.2. Deferred tax liabilities recast at the minimum rate (if applicable)

...

...

...

a.2. Deferred tax assets

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Deferred tax assets

...

...

...

4.2. Deferred tax assets recast at the minimum rate (if applicable)

4.3. Deferred tax assets arising from excluded items

4.4. Deferred tax assets taken into account for GloBE purposes

…

...

...

...

b. Deferred tax liabilities and deferred tax assets with respect to asset transfer between Constituent Entities after November 30, 2021 and before the transition year

1. Jurisdictions of residence of the transferring Constituent Entities

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Tax paid on the transactions

5.  Net Deferred tax asset or liability reflected transferring Constituent Entities

6. Value of the transferred assets for GloBE purposes

7. Net Deferred tax asset or liability with respect to the transferred assets for GloBE purposes for the acquiring Constituent Entities

…

...

...

...

3.3. Jurisdictional elections

3.3.1. Elections

3.3.1.1. Annual elections

1. Jurisdiction

...

...

...

3. Immaterial decrease in covered taxes election in the current fiscal year

4. Election not to apply Substance-based Income Exclusion

5. Election to apply a negative tax expense management process

□

□

□

□

3.3.1.2. Five-year elections

...

...

...

2. Election not to adjust equity gains or losses

3. Election to substitute stock-based compensation in financial accounts with deductible expenses

4. Election to use realization method for assets and liabilities accounted for using the fair value method or impairment accounting in the consolidated financial statements

5. Election for consolidated accounting treatment to eliminate income, expenses, gains and losses resulting from transactions between Constituent Entities located in the same jurisdiction in the same consolidate tax statement of the Group

Election year

Revocation year

Election year

Revocation year

Election year

...

...

...

Election year

Revocation year

…

...

...

...

3.3.1.3 GloBE loss election

1. Jurisdiction

2. GloBE loss election

Election year

Revocation year

...

...

...

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Equity gains or losses with respect to election not to adjust equity gains or losses

5. Balance of the owner’s investment in a Qualified Ownership Interest from prior fiscal years

6. Addition to the owner’s investment in a Qualified Ownership Interest

7. Reduction to the owner’s investment in a Qualified Ownership Interest

8. Outstanding balance of the owner’s investment in a Qualified Ownership Interest

…

...

...

...

3.3.3. Eligible Distribution Tax Systems

The jurisdictions elect to add a Deemed Distribution Tax to the Adjusted Covered Taxes for the fiscal year

...

...

...

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Fiscal year

5. Deemed Distribution Tax

6. Deemed Distribution Tax paid or used

7. Outstanding balance of a recapture account for Deemed Distribution Tax paid or used

3^rd preceding fiscal year

2^nd preceding fiscal year

...

...

...

Reporting Fiscal Year

Total

4th preceding fiscal year

...

...

...

3^rd preceding fiscal year

Not applicable

...

...

...

2^nd preceding fiscal year

Not applicable

Not applicable

...

...

...

1^st preceding fiscal year

Not applicable

Not applicable

Not applicable

Reporting Fiscal Year

...

...

...

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

3.3.3.2. Application of Eligible Distribution Tax Systems when an entity leaves the MNE Group

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

...

...

...

4. Reduction to the Adjusted Covered Taxes for each relevant fiscal year

5. Incremental Top-up tax

6. Disposition recapture ratio

…

...

...

...

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. FANIL

5. Net GloBE income or loss

6. Corporate income tax expense in financial accounts

7. Adjusted Covered Taxes

8. ETR

…

...

...

...

3.5 Additional Current Top-up Tax

3.5.1 Additional Current Top-up Tax amount in case ETR and top-up tax of the preceding fiscal year has to be recalculated

1. Jurisdiction

...

...

...

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Basis for adjustment

5. Relevant year

6. Net GloBE income or loss

7. Adjusted Covered Taxes

8. ETR

9. Excess Profit

10. Top-up tax rate

11. Top-up tax

...

...

...

a. Previously reported

b. Recalculated

a. Previously reported

b. Recalculated

a. Previously reported

b. Recalculated

a. Previously reported

b. Recalculated

a. Previously reported

...

...

...

a. Previously reported

b. Recalculated

…

...

...

...

...

...

...

3.5.2 Additional Current Top-up Tax amount when there is no Net GloBE income in a jurisdiction, if Adjusted Covered Taxes for the jurisdiction are negative and smaller than the expected Adjusted Covered Taxes

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Adjusted Covered Taxes for the jurisdiction (if negative)

5. GloBE loss for the jurisdiction

6. Expected Adjusted Covered Taxes

7. Additional Current Top-up Tax

...

...

...

3.6 Qualified Domestic Minimum Top-Up Tax (QDMTT)

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

...

...

...

4. Financial Accounting Standard

5. QDMTT amount payable

6. QDMTT rate (if higher than 15%)

7. Basis for the blending of income and taxes (if different from the GloBE Rules)

8. Currency used (if different from presentation currency)

9. Substance-based Income Exclusion available?

10. De-minimis (QDMTT = 0) available?

…

...

...

...

□ Yes

□ No

□ Yes

□ No

...

...

...

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Top-up tax rate

5. Substance-based Income Exclusion

6. Excess Profit

7. Additional Current Top-up Tax

8. QDMTT

9. Top-up tax

...

...

...

3.8 Top-up tax allocation

...

...

...

1. Parent Entity applying the IIR

2. Low-taxed Constituent Entity (LTCEs)

3. Ratio of allocation to the Parent Entity applying the IIR

4. Parent Entity’s allocable share of Top-up Tax of LTCE

5. IIR offset

6. Final Parent Entity’s allocable share of Top-up Tax of LTCE [6] = [4]-[5.4]

1.1. Name

1.2. TIN/EIN in jurisdiction of residence

2.1 Jurisdiction

...

...

...

2.3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

2.4. Name of Constituent Entity

2.5. TIN/EIN in jurisdiction of residence of Constituent Entity

2.6. GloBE income

2.7 Top-up tax amount

3.1. Income allocable to Ownership Interests held by other owners of the LTCEs

3.2. Ratio of the Parent Entity’s allocable shares of the Top-up Tax of the LTCEs

5.1. Name of the Intermediate Parent Entity or Partially Owned Parent Entity

...

...

...

5.3 Jurisdiction of residence

5.4. Allocable shares of the Top-up Tax of the LTCEs that have been deducted by the Intermediate Parent Entity or Partially Owned Parent Entity

...

...

...

...

...

...

...

3.8.2 Total UTPR Top-up tax

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN in jurisdiction of residence

6. UTPR Top-up tax

7. Total UTPR Top-up tax

…

...

...

...

3.8.3 Attribution of UTPR Top-up tax

1. UTPR jurisdictions

2. Carried forward UTPR Top-up tax

3. Number of employees

...

...

...

5. UTPR percentage

6. UTPR Top-up tax amount for the Reporting Fiscal Year

7. Additional cash tax expense incurred by Constituent Entities in UTPR jurisdiction

8. UTPR Top-up tax left to be

…

...

...

...

Total

...

...

...

4. Computations of each Constituent Entity, JV, JV subsidiary

4.1 GloBE income or loss

4.1.1 FANIL adjustments

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. FANIL amount after allocation of income of loss between a Main Entity and a Permanent Establishment, allocation of income or loss of Flow-through Entities

...

...

...

8. GloBE income or loss

7.1. Net taxes expense

7.2. Excluded dividends

7.3. Excluded equity gain or loss

7.4. Revaluated gain or loss

7.5. Excluded gain or loss from disposition of assets and liabilities

7.6. Asymmetric foreign currency gain or loss

7.7. Non-deductible expenses

7.8. Prior period errors

...

...

...

7.10. Accrued pension expenses provided by pension funds

7.11. Debt releases

7.12. Stock-based compensation

7.13. Arm’s length adjustments

7.14. Qualified refundable tax credit or marketable transferable tax credit

7.15. Election to use realization method for assets and liabilities accounted for using the fair value method or impairment accounting

7.16. Election to spread income from transfer of tangible assets that are real estate

7.17 Intragroup financing arrangement expense

7.18 Election for consolidated accounting treatment to eliminate income, expenses, gains and losses resulting from transactions between Constituent Entities located in the same jurisdiction in the same consolidate tax statement

...

...

...

7.20. Change in income or loss attributed to Additional Tier One Capital, limited Tier One capital

7.21. Constituent Entities joining and leaving an MNE Group

7.22. Change in GloBE income of the UPE that is a Flow-through Entity

7.23. Change in GloBE income of the UPE that is subject to a Deductible Dividend Regime

7.24. Taxable Distribution Method election

7.25. Excluded international shipping income

7.26. Transfer of assets between Constituent Entities after 30/11/2021 and before the transitional year

…

...

...

...

...

...

...

...

...

...

...

...

...

4.1.2 Allocation of income or loss between a Main Entity and a Permanent Establishment

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of the Main Entity

5. TIN/EIN of the Main Entity

6. FANIL of the Main Entity before allocation

7. Name of the Permanent Establishment

...

...

...

9. Jurisdiction of residence of the Permanent Establishment

10. FANIL before allocated by the Main Entity to the Permanent Establishment

11. FANIL of the Main Entity after allocation

…

...

...

...

4.1.3 Allocation of income or loss in a Flow-through Entity (“FTE”)

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of the FTE

...

...

...

6. FANIL of the FTE before allocation

7. Name of the FTE’s owner

8. TIN/EIN of the FTE’s owner

9. Jurisdiction of residence of the FTE’s owner

10. FANIL of the FTE allocated to its owner

11. FANIL of the FTE after allocation

…

...

...

...

4.1.4 Cross-border adjustment of GloBE income or loss

1. Jurisdiction

...

...

...

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity/JV/JV subsidiary

6. Basis for adjustment

7. Name of Constituent Entity/JV/JV subsidiary

8. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

9. Jurisdiction of residence of Constituent Entity/JV/JV subsidiary

10. Increase in GloBE income or loss of Constituent Entity/JV/JV subsidiary

11. Decrease in GloBE income or loss of Constituent Entity/JV/JV subsidiary

...

...

...

...

...

...

4.1.5.  Change in GloBE income of the UPE that is a Flow-through Entity or the UPT that is subject to a Deductible Dividend Regime

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Basis for adjustment

7. Name of holders of Ownership Interest or dividend recipients

8. TIE/EIN of holders of Ownership Interest or dividend recipients

...

...

...

10. Nominal tax rate

11. Type of entity

12. Ownership Interest directly held (%)

13. Decrease in GloBE income or loss of Constituent Entity/JV/JV subsidiary

…

...

...

...

4.2  Adjusted Covered Taxes

4.2.1 Adjustments to the Current tax expense in the Financial Accounts

...

...

...

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Total covered taxes after allocation from one Constituent Entity to another Constituent Entity

7. Adjustments

8. Adjusted Covered Taxes

7.1. Covered tax accrued as an expense in the profit before taxation in the financial accounts

7.2. GloBE loss deferred tax asset

...

...

...

7.4. Qualified refundable tax credit or marketable transferable tax credit recorded as a reduction to current tax expense

7.5. Qualified tax benefits through a non-taxable entity

7.6. Current tax expense on income excluded from GloBE Income or Loss

7.7. Non-qualified refundable tax credit, non-marketable transferable tax credit or other tax credits not recorded as a reduction to current tax expense

7.8. Covered Taxes refunded or credited of a Constituent Entity  not recorded as a reduction to current tax expenses in the financial accounts

7.9. Current tax expense related to uncertain tax position (pending adjustment)

7.10. Current tax expense not expected to be paid within three years from the last day of the fiscal year

7.11. Post-filing adjustments

7.12. Covered Taxes relating to allocation of income from transfer of tangible assets that are real estate

...

...

...

7.14. Adjustments to covered taxes of the UPE that is subject to a Deductible Dividend Regime

7.15. Deemed Distribution Tax

7.16. Taxable Distribution Method election

7.17. Total deferred tax adjustment amount

7.18. Increase or decrease in covered taxes not recorded in tax current tax expenses or deferred tax expenses but  recorded in equity or other comprehensive income relating to amounts included in GloBE Income or Loss that will be subject to domestic taxes

7.19. Excess negative tax expense arising in the Reporting Fiscal Year

7.20. Excess negative tax expense utilized in the Reporting Fiscal Year

...

...

...

...

...

...

...

...

...

4.2.2 Allocation of covered taxes from one Constituent Entity to another Constituent Entity

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

...

...

...

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Covered taxes of the Constituent Entity, JV, or JV subsidiary before adjustment

7. Basis for adjustment

8. Name of Constituent Entity/JV/JV subsidiary

9. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

10. Jurisdiction of residence of Constituent Entity/JV/JV subsidiary

11. Increases in covered taxes of the Constituent Entity, JV, or JV subsidiary

12. Decreases in covered taxes of the Constituent Entity, JV, or JV subsidiary

13. Covered taxes of the Constituent Entity, JV, or JV subsidiary after adjustment

...

...

...

...

...

...

4.2.3 Deferred tax adjustments

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Deferred tax expense adjustments

...

...

...

6.1. Deferred tax expense related to items excluded from GloBE Income or Loss

6.2. Deferred tax expense related to disallowed accruals

6.3. Deferred tax expense related to unclaimed accruals

6.4. Valuation adjustment or accounting recognition adjustment related to a deferred tax asset

6.5. Deferred tax expense arising from a re-measurement related to changes in the tax rate in a jurisdiction

6.6. Deferred tax expense related to the generation and use of tax credits

6.7. Substitute loss from deferred tax asset carried forward

6.8. Unclaimed accruals paid during the fiscal year

6.9. Deferred tax liabilities recovered in the prior fiscal year and paid during the current fiscal year

...

...

...

6.11. Deferred tax expense adjustment resulting from a tax rate reduction

6.12. Deferred tax expense adjustment resulting from a tax rate increase

6.13. Constituent Entities joining and leaving an MNE Group

6.14. Adjustments to deferred tax expense of the UPE that is a Flow-through Entity

6.15. Adjustments to deferred tax expense of the UPE that is subject to a Deductible Dividend Regime

6.16. Transfer of assets between Constituent Entities after 30/11/2021 and before the transitional year

…

...

...

...

...

...

...

...

...

...

4.3.1. Annual elections

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Debt Release election

7. Election not to include unclaimed accruals in the fiscal year in total deferred tax adjustments

…

...

...

...

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□

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4.3.2. Five-year elections

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

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5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Election not to treat an Entity as an Excluded Entity

7. Election to include of all dividends with respect to Portfolio Shareholdings

8. Election to treat foreign exchange gains or losses attributable to hedging as a FANIL

9. Election to treat an Investment Entity as a Tax Transparent Entity

10. Taxable Distribution Method election

Election year

Revocation year

Election year

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Election year

Revocation year

Election year

Revocation year

Election year

Revocation year

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4.3.3 Election to adjust book values of assets and liabilities at fair values upon their transfer

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Election year

7. Election to adjust book values of assets and liabilities at fair values upon their transfer

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7.2. Spread over 05 fiscal year, including the fiscal year of triggering event and the next 04 fiscal years

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4.4.1. International shipping income exclusion

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. International shipping income exclusion

7. Qualified ancillary international shipping income

8. Effect on substance-based Income Exclusion

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6.1. Category

6.2. Revenue

6.3. Costs

6.4. International shipping income

7.1. Category

7.2. Revenue

7.3. Costs

7.4. Qualified ancillary international shipping income

8.1. Eligible payroll costs attributable to the excluded international shipping income or qualified ancillary international shipping income

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4.4.2 Jurisdictional cap for the qualified ancillary international shipping income exclusion

1. Jurisdiction

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3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Total international shipping income exclusion

5. 50% cap for the total international shipping income exclusion [5] = 50% x [4]

6. Total qualified Ancillary International Shipping Income

7. Excess of the cap [7] = [6] - [5]

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4.5 Information for purposes of Taxable Distribution Method election

1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of Constituent Entity/JV/JV subsidiary

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Actual and deemed distributions of the Investment Entity’s GloBE Income received by the Constituent Entity-owner

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8. Constituent Entity-owner’s proportionate share of the Investment Entity’s Undistributed Net GloBE Income

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1. Jurisdiction

2. Group of entities required to calculate Jurisdictional Top-up Tax and ETR

3. Name of group of entities required to calculate Jurisdictional Top-up Tax and ETR (if any)

4. Name of the constituent entity whose financial accounting income or loss is determined using accounting standards the Accounting Standards used for preparation of consolidated financial statements of the UPE

5. TIN/EIN of the Constituent Entity, JV, or JV subsidiary

6. Acceptable or Authorised Financial Accounting Standard

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I hereby certify that the information above is accurate and that I am responsible for my the information provided.

TAX AGENT’S EMPLOYEE
Full name: …………………
Practicing certificate No.

........, [location and date]
FILING ENTITY
or LEGAL REPRESENTATIVE OF FILING ENTITY
(Signature, full name; position and seal (if any)/electronic signature)