178Reallocation of tax expenseU.K.
(1)Where—
(a)profits have been allocated to a member of a multinational group (“O”) under section 167 or 168 (allocation of profits of hybrid, transparent and reverse hybrid entities), and
(b)the member from whom the profits have been allocated has an amount of qualifying current tax expense in respect of those profits,
that qualifying [F1current] tax expense is to be allocated to O.
[F2(1A)Where—
(a)a member of a multinational group has an amount of qualifying current tax expense,
(b)that amount is in respect of profits not included in the member’s underlying profits, and
(c)if those profits had been included in the member’s underlying profits, a corresponding amount of adjusted profits would have been allocated to another member of the group (“O”) under section 167 or 168,
that qualifying current tax expense is to be allocated to O (and is to be regarded as qualifying current tax expense of O for the purposes of applying section 175(2)(a)).
(1B)Section 175(2)(a) (exclusion of amounts relating to income or gains not included in adjusted profits) applies to an amount of qualifying current tax expense allocated in accordance with subsection (1) as if—
(a)the reference to the member’s adjusted profits were to the adjusted profits of the member from whom the amount of qualifying current tax expense was allocated, and
(b)profits allocated from that member to O under section 167 or 168 were not excluded from the adjusted profits of that member.]
(2)But the amount of qualifying current tax expense in respect of mobile income allocated to O [F3(under subsections (1) and (1A))] is not to exceed the amount given by taking the following steps—
Step 1
Determine the effective tax rate of the members of the multinational group in the territory of O for the accounting period to which the qualifying current tax expense relates, ignoring that expense.
Step 2
Subtract the result of Step 1 from 15%.
Step 3
Multiply the result of Step 2 by the amount of mobile income to which the qualifying tax expense relates.
(3)For the purposes of this section and section 179, “mobile income” means income of a type mentioned in subsection (4) in respect of which a member of a multinational group is subject to tax—
(a)under a controlled foreign company tax regime (see section 179(4)), or
(b)as a result of an ownership interest in an entity regarded as tax transparent in the territory the member is located in but not so regarded in the territory in which that entity is located.
(4)Those types of income are—
(a)dividends or dividend equivalents,
(b)interest or interest equivalent,
(c)rent,
(d)a royalty,
(e)an annuity, or
(f)net gains from property of a type that produces income described in paragraphs (a) to (e).
[F4(5)Where an amount of qualifying current tax expense would have been allocated to O, but the amount allocated is limited as a result of subsection (2) the amount not allocated remains with the member from whom it otherwise would have been allocated.
(6)But if an amount would, ignoring this subsection, remain with the member from whom it would have otherwise been allocated, and that amount relates to income or gains that are not included in the adjusted profits of O, that amount is to be excluded from the covered tax balance of both the member and O.]
Textual Amendments
F1Word in s. 178(1) inserted (22.2.2024 with effect for accounting periods beginning on or after 31.12.2023 in accordance with Sch. 12 para. 1(2) of the amending Act) by Finance Act 2024 (c. 3), Sch. 12 para. 17(3)
F2S. 178(1A)(1B) inserted (22.2.2024 with effect for accounting periods beginning on or after 31.12.2023 in accordance with Sch. 12 para. 1(2) of the amending Act) by Finance Act 2024 (c. 3), Sch. 12 para. 17(4)
F3Words in s. 178(2) inserted (22.2.2024 with effect for accounting periods beginning on or after 31.12.2023 in accordance with Sch. 12 para. 1(2) of the amending Act) by Finance Act 2024 (c. 3), Sch. 12 para. 17(5)
F4S. 178(5)(6) inserted (22.2.2024 with effect for accounting periods beginning on or after 31.12.2023 in accordance with Sch. 12 para. 1(2) of the amending Act) by Finance Act 2024 (c. 3), Sch. 12 para. 17(6)