The legislative instrument takes effect on 27 August 2025 and remains applicable until 1 April 2035.
The Australian Official Gazette has published a legislative instrument “Taxation (Multinational-Global and Domestic Minimum Tax) (Qualified GloBE Taxes) Determination 2025” on 26 August 2025. This instrument outlines jurisdictions that:
- Impose a tax under an income inclusion rule (IIR),
- Impose a qualified domestic minimum top-up tax (QDMTT), and
- Have acquired QDMTT safe harbor status for fiscal years starting on or after the specified date.
The instrument takes effect on 27 August 2025 and remains applicable until 1 April 2035.
Australia has implemented the Global Anti-Base Erosion Model Rules (GloBE Rules) by introducing a global and domestic minimum tax.
The GloBE Rules establish a coordinated system of taxation designed to ensure that multinational enterprise groups (MNE groups) are subject to a global minimum tax rate of 15% in each jurisdiction where they operate. They are a key part of the Organisation for Economic Co-operation and Development (OECD)/G20 Two-Pillar Solution, to address the tax challenges arising from the digitalisation of the economy.
The global and domestic minimum tax consists of:
- The Income Inclusion Rule (IIR) – acts as the primary rule, which broadly allows Australia to apply a top-up tax on multinational parent entities located in Australia if the group’s effective tax rate in another jurisdiction is below 15%
- The Undertaxed Profits Rule (UTPR) acts as a backstop rule, which allows Australia to apply a top-up tax on constituent entities located in Australia if the group’s effective tax rate in another jurisdiction is below 15% and where the profit is not brought into charge under an IIR.
- A domestic minimum tax, which operates consistently with the GloBE Rules and provides Australia the ability to claim primary rights to impose top-up tax over any low-taxed profits in Australia, in priority over the IIR and UTPR.
The IIR and the domestic minimum tax will apply to fiscal years commencing on or after 1 January 2024. The UTPR will apply to fiscal years starting on or after 1 January 2025.