- Latest available (Revised)
- Point in Time (11/07/2023)
- Original (As enacted)
Point in time view as at 11/07/2023.
There are currently no known outstanding effects for the Finance (No. 2) Act 2023, Cross Heading: Multinational groups.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)References in this Part to a multinational group are to a consolidated group where at least one of the members of that group is not located in the same territory as the others.
(2)A “consolidated group” means the following entities (which are its members)—
(a)an entity (the “ultimate parent”)—
(i)in which no other entity has a controlling interest, and
(ii)which has a controlling interest in other entities, and
(b)the entities whose assets, liabilities, income, expenses and cash flows—
(i)are included in the consolidated financial statements of the ultimate parent, or
(ii)are not included in those statements only because of an exclusion on size or materiality grounds or on the grounds that the entity in question is held for sale.
(1)For the purposes of this Part, excluded entities are to be treated as not being members of a multinational group.
(2)But subsection (1) does not apply for the purposes of the following provisions—
(a)section 126 (and accordingly an excluded entity that is the ultimate parent of multinational group remains the ultimate parent of that group),
(b)this section, and
(c)section 129 (determining whether a multinational group is qualifying).
(3)The following are excluded entities—
(a)a governmental entity;
(b)an international organisation;
(c)a pension fund;
(d)a non-profit organisation;
(e)a qualifying non-profit subsidiary;
(f)a qualifying service entity;
(g)a qualifying exempt income entity.
(4)The following are also excluded entities if they are the ultimate parent of a multinational group, or would be but for the fact they do not produce consolidated financial statements that include assets, liabilities, income expenses and cash flows of entities in which they have ownership interests—
(a)an investment fund,
(b)a UK REIT, or
(c)an overseas REIT equivalent.
(5)An entity is a qualifying non-profit subsidiary in an accounting period if—
(a)it is 100% owned by one or more entities that are non-profit organisations,
(b)the revenue (see section 129(5)) of the multinational group of which the entity is a member would not exceed the threshold set out in section 129(4) for that period if the revenue of every member that is a non-profit organisation, a qualifying service entity or a qualifying exempt income entity were ignored,
(c)the revenue of the group for that period that is ignored for the purposes of paragraph (b) is less than 25% of the total revenue of the group, and
(d)no election under subsection (8) is in force in relation to the entity.
(6)An entity is a qualifying service entity if—
(a)it is 95% owned by one or more qualifying excluded entities,
(b)either—
(i)the entity only carries out activities that are ancillary to the activities of those owners, or
(ii)all, or almost all, of its activities, ignoring activities falling within sub-paragraph (i), consist of the holding of assets or the investment of funds for the benefit of those owners, and
(c)no election under subsection (8) is in force in relation to the entity.
(7)An entity is a qualifying exempt income entity if—
(a)it is 85% owned by one or more qualifying excluded entities,
(b)almost all of the entity’s income is excluded dividends or excluded equity gains (or a mixture of both), and
(c)no election under subsection (8) is in force in relation to the entity.
(8)The filing member of a multinational group (see paragraph 2 of Schedule 14) may make an election that a member of that group that would otherwise be an excluded entity as a result of subsection (5), (6) or (7) is not to be an excluded entity.
(9)Schedule 15 makes provision about elections under this Part.
(10)Paragraph 1 of that Schedule (long term elections) applies to an election under subsection (8).
(11)For the purposes of subsection (5), the reference to an entity being 100% owned by one or more entities that are non-profit organisations is to those entities together having that percentage of ownership interest in that entity.
(12)For the purposes of subsections (6) and (7)—
(a)despite section 232(3) (permanent establishments treated as distinct from main entity), the conditions in subsection (6)(b) and (7)(b) are only met in relation to a permanent establishment or a main entity if the conditions are met by the main entity and all of its permanent establishments taken together as if they were a single entity;
(b)an excluded entity is “qualifying” if it is not a pensions service entity, and
(c)references to an entity being 95% or 85% owned by qualifying excluded entities are to those entities together having at least that percentage of the ownership interests in that entity (see section 245 for how to calculate ownership interests in excluded entities).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: