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Global Minimum Tax: How It Impacts Multinationals & Malaysia's Tax Landscape
Global minimum tax (GMT) Under an OECD Inclusive Framework, more than 140 jurisdictions agreed to enact a two-pillar solution to address the challenges arising from the digitalisation of the economy. Pillar Two introduces a global minimum Effective Tax Rate (ETR) via a system where multinational groups with consolidated revenue over EUR 750 million are subject to a minimum ETR of 15% on income arising in low-tax jurisdictions. The GMT will be effective for MNEs with financial years beginning on or after 1 January 2025. The provisions of the GloBE rules including the Qualified Domestic Top-up Tax (QDTT) rules have been incorporated into the Malaysian tax legislations, i.e. the ITA 1967, Petroleum (Income Tax) Act 1967 and LBATA 1990. The provisions closely aligns with the OECD Model Rules which includes: The Multinational Top-up Tax under the Income Inclusion Rule and QDTT on in-scope MNEs commencing on or after 1 January 2025 A substance-based income exclusion amount for all top-up taxes A minimum tax rate at 15% To mitigate the impact of GMT, it is proposed that existing tax incentives be streamlined, new non-tax incentives introduced, and the feasibility of strategic investment tax credits considered.

Global Minimum Tax (GMT), also known as the Global Minimum Effective Tax Rate (ETR), is a policy agreed upon by over 140 countries under the OECD Inclusive Framework. The purpose of this policy is to ensure that multinational enterprises (MNEs) with consolidated revenues above EUR 750 million pay a minimum tax rate of 15% on their income earned in low-tax jurisdictions. This initiative addresses the challenges posed by the digital economy.

Effective from financial years starting on or after 1 January 2025, Malaysia has incorporated the provisions of the GloBE (Global Anti-Base Erosion) rules, including the Qualified Domestic Top-up Tax (QDTT), into its tax laws, such as the Income Tax Act 1967, Petroleum (Income Tax) Act 1967, and the Labuan Business Activity Tax Act 1990. These provisions mirror the OECD Model Rules and consist of:

  1. A Multinational Top-up Tax through the Income Inclusion Rule and QDTT for in-scope MNEs starting from 1 January 2025.
  2. A substance-based income exclusion amount to exempt certain top-up taxes.
  3. A minimum tax rate set at 15%.

To cushion the effects of the GMT,马来西亚政府 is considering streamlining existing tax incentives, introducing new non-tax incentives, and evaluating the feasibility of strategic investment tax credits. These measures aim to balance the implementation of the GMT while maintaining the competitiveness of the country's business environment.