Schedules
Schedule 14Administration of multinational top-up tax
Part 2Meaning of “filing member”
2
1
The filing member of a multinational group is the ultimate parent of that group, unless a nomination under sub-paragraph (2) is in force.
2
The nomination referred to in sub-paragraph (1) is a nomination by the ultimate parent of the group that another person should act as the filing member.
3
The ultimate parent may only nominate a person if—
a
the person is a member of the group, and
b
the person is a company.
4
If the ultimate parent nominates a person under sub-paragraph (2), they must—
a
nominate the same person as the filing member for the purposes of Schedule 18;
b
if the nomination ceases to be in force, revoke the nomination referred to in paragraph (a);
c
if the nomination referred to in paragraph (a) ceases to be in force, revoke the nomination.
5
The ultimate parent must provide the person nominated with everything the person may reasonably require in order to comply with the obligations of a filing member under this Schedule.
6
While a nomination under sub-paragraph (2) is in force, the filing member of a multinational group is the person nominated.
7
A nomination is in force from the time it is made until any of the following events occurs—
a
the ultimate parent nominates another person;
b
the person nominated ceases to be a member of the group;
c
the person nominated ceases to be a company;
d
the ultimate parent revokes the nomination;
e
an officer of Revenue and Customs revokes the nomination.
8
An officer of Revenue and Customs may revoke a nomination if the officer considers that—
a
the ultimate parent is not complying with its obligation under sub-paragraph (5), or
b
the person nominated is not complying with the obligations of a filing member under this Schedule.
9
An officer of Revenue and Customs revokes a nomination by notifying the ultimate parent and the nominated person of the revocation.
10
The revocation has effect when the notification is issued.
11
Any nomination, or revocation of a nomination, must be in writing.
12
Paragraph 3 makes provision for circumstances in which the ultimate parent is the filing entity but is not a company.
13
Paragraph 4 makes specific provision for a multinational group that is part of a multi-parent group.
14
Paragraph 5 makes provision for the effect of the filing member of a multinational group changing.