Finance (No. 2) Act 2023

302 General application of corporation tax administration

(1) Where a company is liable to an amount of electricity generator levy, that amount may be charged on the company as if it were an amount of corporation tax chargeable on it.

(2) For the purposes of the collection and management of the electricity generator levy, any provision made by or under an enactment that applies in relation to corporation tax is to apply in relation to the electricity generator levy.

(3) The following are examples of provision that, as a result of subsection (2), apply in relation to the electricity generator levy—

(a) provision relating to returns of information and the supply of accounts, statements and reports;

(b) provision relating to the assessing, collecting and receiving of corporation tax;

(c) provision conferring or regulating a right of appeal;

(d) provision concerning administration, penalties or interest on unpaid amounts of corporation tax;

(e) provision about the priority of amounts owed to the Commissioners for His Majesty’s Revenue and Customs in cases of insolvency under the law of any part of the United Kingdom.

(4) Accordingly—

(a) TMA 1970 is to have effect as if any reference to corporation tax included amounts of electricity generator levy that a company is chargeable to, and

(b) Paragraph 1 of Schedule 18 to FA 1998 (company tax returns, assessments and related matters) has effect as if—

(i) the “and” at the end of the paragraph beginning “section 33 of the Finance Act 2022” were omitted, and

(ii) at the end there were inserted “and,

• section 302(1) of the Finance (No. 2) Act 2023.”

(5) Subsections (1) to (4) are subject to—

(a) any other provision made by or under this Part, and

(b) any necessary modifications.

(6) The Treasury may by regulations make the following provision—

(a) provision that disapplies any provision so far as it would otherwise, as a result of subsection (2), apply in relation to the electricity generator levy;

(b) provision modifying the application of any such provision in relation to the electricity generator levy;

(c) provision about (including provision modifying) the application of any provision of the Tax Acts (that would not otherwise apply to the electricity generator levy as a result of subsection (2)) in relation to the levy.