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Eligible tangible assets

Applies
FY2024 onwards
Reviewed
Rule
P2-TANG-2024.1

Which tangible assets count for the Pillar Two SBIE?

Property, plant and equipment, natural resources, right-of-use assets and some government licences there. Property held for sale, lease or investment does not.

Per GloBE Model Rules (Pillar Two), December 2021, Articles 5.3.4 and 5.3.5, tangible asset carve-out and carrying value

Eligible Tangible Assets are property, plant and equipment located in the jurisdiction, natural resources located in the jurisdiction, a lessee's right of use of tangible assets located in the jurisdiction, and a licence or similar arrangement from the government for the use of immovable property or the exploitation of natural resources that entails significant investment in tangible assets. They do not include the carrying value of property, including land or buildings, held for sale, lease or investment, nor of tangible assets used in generating International Shipping Income and Qualified Ancillary International Shipping Income, such as ships and other maritime equipment and infrastructure, other than assets attributable to income over the cap for Qualified Ancillary International Shipping Income. The carrying value counted is the average of the beginning and the end of the Fiscal Year, as recorded for the Consolidated Financial Statements.

It decides which assets are added up as the tangible base of substance-based-income-exclusion. An asset located in another jurisdiction counts in that jurisdiction's carve-out.

What is in, what is out, and what is counted

5.3.4 — in, if located in the jurisdiction

  • Property, plant and equipment
  • Natural resources
  • A lessee's right of use of tangible assets
  • A government licence for immovable property or natural resources that entails significant investment in tangible assets

5.3.4 — out

  • Property, including land or buildings, held for sale, lease or investment
  • Tangible assets used in generating International Shipping Income and Qualified Ancillary International Shipping Income — ships and other maritime equipment and infrastructure

5.3.4 — and back in

The carrying value of assets attributable to income over the cap for Qualified Ancillary International Shipping Income IS included in the carve-out. This is a determination the reader makes, and is asked only where the asset has a shipping use.

Leased and mobile assets

A lessee counts its right-of-use asset. A lessor under an operating lease may count the excess of its average carrying value over the lessee's average right-of-use asset, where the asset is in the lessor's jurisdiction; for a short-term rental asset let for thirty days or less at a time, such as a hotel room or a hire car, the lessee's right of use is taken as nil. An asset located in the owner's or lessee's jurisdiction for more than half of the period counts in full, and otherwise in proportion to the time it is there.

Government licences and concessions

A licence, lease or concession from a government to use immovable property or exploit natural resources counts where using it entails significant investment in tangible property — a toll road or airport concession, mineral or oil and gas rights, a licence to use part of the communications spectrum — even if the accounts record it as an intangible. A right to charge tolls or fees accounted for as a separate service contract does not count, and nor does a licence the holder merely re-licenses to someone else.

Investment property, held for sale, and part-let buildings

Land and buildings held to earn rent or for capital appreciation are out; owner-occupied property used in the business is in, and land counts although it is not depreciated. An asset is held for sale only if it is available for immediate sale and the sale is highly probable. Where the owner lets a substantial part of a building and uses the rest, the carrying value is split on a reasonable basis such as floor area: the part it uses counts, and the let part follows the operating lease rule. A lessee with no right-of-use asset in its accounts — a short lease, or one that is not material — cannot create one for this purpose.

5.3.5 — the value counted

The average of the beginning and end of the Fiscal Year as recorded for the Consolidated Financial Statements — after purchase accounting adjustments and after eliminating gains on sales between group entities — and not the GloBE carrying value. An asset acquired or disposed of during the year counts for half. An impairment reduces the value; a revaluation increase is disregarded, so the value never exceeds what it would have been at cost.

Order of testing

  1. 1

    Inputs requiring your determination

    The category, the held-for-sale question and the shipping question must be answered. The ancillary-cap question is asked only where there is a shipping use.

  2. 2

    The categories of Eligible Tangible Assets

    The asset must be in a listed category and located in the jurisdiction.

  3. 3

    Property held for sale, lease or investment

    Such property is excluded.

  4. 4

    International shipping assets

    Shipping assets are excluded unless attributable to income over the ancillary cap.

Examples

Illustrative scenarios — ours, not the authority’s — each computed live by this rule. Change any fact and the outcome is the rule’s, not a hand-written answer.

A factory, with its year's values

Plant carried at EUR 200 million at the start of the year and EUR 300 million at the end.

Computed

The asset with an average carrying value of EUR 250,000,000 is an Eligible Tangible Asset as computed: it is within a category in Article 5.3.4, located in the jurisdiction, and not property held for sale, lease or investment. Its carrying value counts toward the tangible asset carve-out as the average of the beginning and end of the Fiscal Year, in the Consolidated Financial Statements (Article 5.3.5). Based on what you supplied.

Workings

Carrying value at the beginning of the yearArticle 5.3.5 — as supplied
EUR 200,000,000
Carrying value at the end of the yearArticle 5.3.5 — as supplied
EUR 300,000,000
Carrying value counted in the tangible asset carve-outCounts — the average of the beginning and end of the Fiscal Year, Article 5.3.5
EUR 250,000,000

Decided by the categories of eligible tangible assets

A building held as an investment

An office building the group holds to let to third parties.

Computed

The asset with an average carrying value of EUR 50,000,000 is excluded from the tangible asset carve-out as computed: Article 5.3.4 provides that the computation does not include the carrying value of property, including land or buildings, held for sale, lease or investment. Based on what you supplied.

Workings

Carrying value at the beginning of the yearArticle 5.3.5 — as supplied
EUR 50,000,000
Carrying value at the end of the yearArticle 5.3.5 — as supplied
EUR 50,000,000
Carrying value counted in the tangible asset carve-outHeld for sale, lease or investment — Article 5.3.4
EUR 0

Decided by the property held for sale, lease or investment

A hotel the group owns and operates

A hotel building carried at EUR 80 million throughout the year. Rooms are let to guests for a few nights at a time: that is a short-term rental and not property held for lease, so the building counts in full.

Computed

The asset with an average carrying value of EUR 80,000,000 is an Eligible Tangible Asset as computed: it is within a category in Article 5.3.4, located in the jurisdiction, and not property held for sale, lease or investment. Its carrying value counts toward the tangible asset carve-out as the average of the beginning and end of the Fiscal Year, in the Consolidated Financial Statements (Article 5.3.5). Based on what you supplied.

Workings

Carrying value at the beginning of the yearArticle 5.3.5 — as supplied
EUR 80,000,000
Carrying value at the end of the yearArticle 5.3.5 — as supplied
EUR 80,000,000
Carrying value counted in the tangible asset carve-outCounts — the average of the beginning and end of the Fiscal Year, Article 5.3.5
EUR 80,000,000

Decided by the categories of eligible tangible assets

A mobile network's spectrum licence

A licence from the government to use part of the communications spectrum, carried at EUR 400 million and recorded in the accounts as an intangible. Using it takes heavy investment in masts and equipment, so it is an Eligible Tangible Asset.

Computed

The asset with an average carrying value of EUR 400,000,000 is an Eligible Tangible Asset as computed: it is within a category in Article 5.3.4, located in the jurisdiction, and not property held for sale, lease or investment. Its carrying value counts toward the tangible asset carve-out as the average of the beginning and end of the Fiscal Year, in the Consolidated Financial Statements (Article 5.3.5). Based on what you supplied.

Workings

Carrying value at the beginning of the yearArticle 5.3.5 — as supplied
EUR 420,000,000
Carrying value at the end of the yearArticle 5.3.5 — as supplied
EUR 380,000,000
Carrying value counted in the tangible asset carve-outCounts — the average of the beginning and end of the Fiscal Year, Article 5.3.5
EUR 400,000,000

Decided by the categories of eligible tangible assets

A ship

A vessel used to earn international shipping income, none of it over the ancillary cap.

Computed

The asset is excluded from the tangible asset carve-out as computed: Article 5.3.4 provides that the computation does not include the carrying value of tangible assets used in generating International Shipping Income and Qualified Ancillary International Shipping Income, such as ships and other maritime equipment and infrastructure. Based on what you supplied.

Decided by the international shipping assets

An asset in another jurisdiction

Equipment located abroad, which belongs to that jurisdiction's carve-out.

Computed

The asset is not an Eligible Tangible Asset of this jurisdiction as computed: Article 5.3.4 lists property, plant and equipment, natural resources, a lessee's right of use, and certain government licences, each located in the jurisdiction, and you have indicated it is none of those or is located elsewhere. If it is located in another jurisdiction it belongs to that jurisdiction's carve-out. Based on what you supplied.

Decided by the categories of eligible tangible assets

Try it

Supply the facts and this rule computes the outcome in your browser, live. Leave a determination undecided and it blocks the result — it is never read as a no.

Not computed yet

3 inputs still need your determination:

  • What is the asset: property, plant and equipment located in the jurisdiction; natural resources located there; a lessee's right of use of tangible assets located there; a government licence for immovable property or natural resources that entails significant investment in tangible assets — or none of these, including an asset located in another jurisdiction (Article 5.3.4)?
  • Is the asset property, including land or buildings, held for sale, lease or investment? Article 5.3.4 leaves such property out of the tangible asset carve-out.
  • Is the asset used in generating International Shipping Income or Qualified Ancillary International Shipping Income — a ship, or other maritime equipment or infrastructure (Article 5.3.4)?

Computed in your browser from the figures you supply. Nothing is sent anywhere, and the result is a computation against a rule — reference, not tax advice.

Sources

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Reference, not tax advice.

Pankaj Agarwal — Tax Technology Leader