(1) An Entity is a Joint Venture of an MNE Group if:
(a) the Entity's financial results are reported under the equity method in the Consolidated Financial Statements of the Ultimate Parent Entity of the MNE Group for the Fiscal Year; and
(b) the Ultimate Parent Entity's Ownership Interest Percentage in the Entity is at least 50%.
(2) However, the Entity is not a Joint Venture of an MNE Group if any of the following applies:
(a) the Entity is the Ultimate Parent Entity of an Applicable MNE Group;
(b) the Entity is an Excluded Entity under paragraph 20(1)(a), (b), (c), (d), (e) or (f);
(c) in a case where the Group Entities of the MNE Group that hold Direct Ownership Interests in the Entity (the Excluded Entity owners ) are Excluded Entities mentioned in paragraph (b) of this subsection--any of the following applies:
(i) the Entity operates exclusively or almost exclusively to hold assets or invest funds for the benefit of the holders of Direct Ownership Interests in the Entity;
(ii) the Entity only carries out activities that are ancillary to those carried out by the Excluded Entity owners;
(iii) the Entity is of a kind prescribed by the Rules for the purposes of this subparagraph;
(d) the MNE Group is comprised exclusively of Excluded Entities;
(e) the Entity is a JV Subsidiary of a Joint Venture.