According to the election of the DCE, the Tax (Top-Up Tax) on a CE located in the State shall be zero for a Tax Period if the following conditions are met during that period:
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July 23, 2026
Ministerial Decision No. 55 of 2025 establishes Kuwait's DMTT framework under Decree-Law No. 157 of 2024. Article 48 provides a De Minimis Exclusion, allowing a Designated Compliance Entity (DCE) to elect for a zero Top-Up Tax liability for a Constituent Entity (CE) in Kuwait for a specific Tax Period. This election is permissible provided the CE's average total revenue in the state is below EUR 10 million and its average total GloBE income is below EUR 1 million, or it incurs a loss. When this election applies, calculating the Effective Tax Rate is not required. The article also mandates proportional adjustment of these thresholds for tax periods shorter than 12 months.
CHAPTER 5 - EFFECTIVE TAX RATE AND TAX (TOP-UP TAX)
Article 48 - De Minimis Exclusion
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