Finance (No. 2) Act 2023

Part 10 U.K. Payments of multinational top-up tax

Timing of payments U.K.

32 (1) Multinational top-up tax due must be paid by the end of the period of 15 months beginning with the day after the end of the accounting period.

(2) But the longer period in sub-paragraph (3) applies if the liability to pay tax arises in respect of the first accounting period in relation to which a group is a qualifying multinational group.

(3) Where this sub-paragraph applies, multinational top-up tax due must be paid by the end of the period of 18 months beginning with the day after the end of the accounting period.

(4) A person’s liability to pay multinational top-up tax may be discharged by another member of the multinational group to which the liability relates (but see paragraph 37).

33 (1) Interest is to accrue on amounts payable under paragraph 32, but not paid, from the day after the latest date on which the amounts were required to be paid.

(2) The rate of interest is to be as provided in regulations under section 178 of FA 1989.

Group payment notices U.K.

34 (1) An officer of Revenue and Customs may issue a group payment notice if an amount payable by a member of a multinational group of multinational top-up tax (including any interest on that amount) is not paid by the end of the period of three months beginning with the relevant date.

(2) A group payment notice may be issued to any person who is a member of the group or who was a member of the group at the time the liability to tax arose (wherever in the world they are located), subject to paragraph 35 where the group contains ring-fenced entities.

(3) A group payment notice is a notice requiring the recipient to pay an outstanding amount of multinational top-up tax payable by a member of the group by a date specified in the notice.

(4) The notice may not specify a date earlier than the date 30 days after the notice is issued.

(5) A group payment notice must state—

(a) the amount of any tax that remains unpaid,

(b) the date any tax first became payable, and

(c) the member's right of appeal (see paragraph 36(3)).

(6) A group payment notice may not be issued more than 3 years and 6 months after the relevant date.

(7) If the amount payable is as assessed in a self-assessment return, the relevant date is the later of—

(a) the date on which multinational top-up tax must be paid;

(b) in a case where the return is delivered after the submission date, the date on which the return is delivered;

(c) if notice of enquiry is given, the date on which the enquiry is completed;

(d) if as a result of such an enquiry the return is amended, the date of the closure notice in relation to that enquiry;

(e) if there is an appeal against the closure notice, the date on which the appeal is finally determined.

(8) If the amount payable is as assessed in a discovery assessment, the relevant date is—

(a) if there is no appeal against the assessment, the date on which the notice of assessment is issued, or

(b) if there is such an appeal, the date on which the appeal is finally determined.

(9) If the amount payable is as assessed in a determination that has not been superseded, the relevant date is the date on which notice of the determination was issued.

35 (1) Where the multinational group contains ring-fenced entities, a group payment notice may not be issued to a ring-fenced entity in respect of a liability relating to a responsible member of the group which is not a ring-fenced entity.

(2) A ring-fenced entity is a body corporate which is—

(a) a ring-fenced body, or

(b) a member of a ring-fenced body sub-group.

(3) “Ring-fenced body” has the same meaning as in section 142A of the Financial Services and Markets Act 2000.

(4) A “ring-fenced body sub-group” is a group of entities consisting of—

(a) an RFB parent undertaking and its subsidiaries, or

(b) a ring-fenced body, which is not a subsidiary of an RFB parent undertaking, and the ring-fenced body’s subsidiaries.

(5) “RFB parent undertaking” means a body corporate which is subject to rules made under section 192JA of the Financial Services and Markets Act 2000 (rules applying to parent undertakings of ring-fenced bodies).

36 (1) The effect of a group payment notice being issued under paragraph 34 is that the recipient is treated as if—

(a) a liability of a member other than the recipient were a liability of the recipient (“the deemed liability”),

(b) the deemed liability became due and payable when the relevant liability became due and payable, and

(c) any payments made in respect of the relevant liability were made in respect of the deemed liability.

(2) Nothing in this paragraph gives the recipient a right to appeal against any assessment, determination or other decision giving rise to a liability of a member other than the recipient (or against the deemed liability).

(3) The recipient may appeal against the notice, within the period of 30 days beginning with the date on which it is given, on the ground that the person in respect of which the notice is given is not a member of the group or was not a member of the group at the time the liability arose.

(4) Where an appeal is made, anything required by the notice to be paid is due and payable as if there had been no appeal.

Effect of group payment for tax purposes U.K.

37 (1) This paragraph applies where a member of a multinational group (the “payer”) makes a payment in respect of the liability to pay multinational top-up tax of another member of the same group (the “payee”) (whether or not in consequence of a group payment notice).

(2) The payer may recover the amount from the payee.

(3) In calculating the payer's income, profits or losses for tax purposes—

(a) the payment is not allowed as a deduction, and

(b) the reimbursement of any such payment is not to be regarded as a receipt.

(4) The payment—

(a) is not to be taken into account in calculating the profits or losses of either the payer or payee for corporation tax or income tax purposes of either the payer or the payee, and

(b) is not to be regarded as a distribution for corporation tax purposes.

(5) The amount paid by the payer is to be taken into account in calculating—

(a) the amount unpaid by the payee for tax purposes, and

(b) the amount due by virtue of a group payment notice relating to the amount unpaid.

(6) Similarly, any payment by the payer of any of the amount unpaid is to be taken into account in calculating the amount due by virtue of a group payment notice (or by virtue of any other group payment notice relating to the amount unpaid).

(7) In this paragraph, “for tax purposes” means for the purposes of income tax, corporation tax, multinational top-up tax or domestic top-up tax.

Recovery U.K.

38 (1) Any amount due by way of multinational top-up tax liability is recoverable as a debt due to the Crown.

(2) “Multinational top-up tax liability”, in relation to a multinational group for an accounting period, means—

(a) a liability of any person who was a member of the group in the period to multinational top-up tax in respect of the period;

(b) a liability of a person to a penalty referred to in paragraph 40 for anything done (or not done) in respect of the period.

Power to make regulations U.K.

39 (1) The Treasury may by regulations make further provision about the payment of multinational top-up tax in circumstances where—

(a) a member of a group makes a payment on behalf of another member of the group, or

(b) a member of a group is also liable to pay domestic top-up tax.

(2) The regulations may in particular make provision for—

(a) deeming a payment made by one member of a group to have been made by another;

(b) deeming a payment made in respect of multinational top-up tax to have been made in respect of domestic top-up tax.