Global Minimum Tax Act (S.C. 2024, c. 17, s. 81)

Marginal note:Part 2 return

• 61 (1) A person that is liable to pay tax under Part 2 for a fiscal year must file in the prescribed form and manner with the Minister, on or before the GIR due date, a return for the fiscal year containing an estimate of the tax payable.

• Marginal note:Part 3 return

  (2) A person that is liable to pay tax under Part 3 for a fiscal year must file in the prescribed form and manner with the Minister, on or before the GIR due date, a return for the fiscal year containing an estimate of the tax payable.

• Marginal note:Canadian filing entity

  (3) If more than one person, in respect of an MNE group, is required to file a return under subsection (1) or (2) for a fiscal year, one of those persons that is resident in Canada may be appointed as the Canadian filing entity in the return, with the consent of the person, to file the return on behalf of all the persons that would, in the absence of subsection (4), be required to file the return for the fiscal year.

• Marginal note:Consequences — Canadian filing entity

  (4) If a Canadian filing entity is appointed, in respect of an MNE group, under subsection (3) to file a return with the Minister for a fiscal year,

  • (a) the Canadian filing entity must file the return — on behalf of all persons that are required to file returns under subsection (1) or (2), as the case may be, in respect of the MNE group for the fiscal year — on or before the GIR due date for the fiscal year; and

  • (b) if the Canadian filing entity does so, the return is deemed to have been filed at that time by each of those persons.

• Marginal note:Consequences — appointment

  (5) If a designated filing entity that is located in Canada, a designated local entity or a Canadian filing entity (each referred to in this subsection as an “appointed entity”) is appointed to act on behalf of one or more persons in respect of an MNE group for a fiscal year,

  • (a) the appointed entity must act on behalf of those persons for the purposes of this Part in respect of the fiscal year;

  • (b) any action taken by the appointed entity on behalf of those persons for the purposes of this Part in respect of the fiscal year is deemed to have been performed by those persons; and

  • (c) the Minister must direct to the appointed entity and those persons any communication for the purposes of this Part as it applies to those persons in respect of the fiscal year.