Schedules
Schedule 18Administration of domestic top-up tax
1Introduction
1
The Commissioners for His Majesty’s Revenue and Customs are responsible for the collection and management of domestic top-up tax.
2
This Schedule applies (with modifications) Schedule 14 (administration of multinational top-up tax) for the purposes of administering domestic top-up tax.
2Meaning of “filing member”
Part 2 of Schedule 14 applies, save that—
a
where a qualifying entity is not part of a group, Part 2 of Schedule 14 does not apply, and references to “filing member” in Schedule 14 apply as if they were references to the qualifying entity;
b
where a qualifying entity is part of a group—
i
references to a “multinational group” apply as if they were references to a group;
ii
the reference in paragraph 2(4)(a) of Schedule 14 to this Schedule applies as if it were a reference to Schedule 14.
3Registration
Part 3 of Schedule 14 applies as if—
a
for paragraph 6(1) and (2) there were substituted—
1
A filing member must register with HMRC if the filing member or, if the filing member is a member of a group, a member of that group—
a
is located in the United Kingdom and
b
is a qualifying entity.
2
For the purposes of sub-paragraph (1), a qualifying entity becomes a qualifying entity on the first day of the first accounting period it is a qualifying entity (the
“trigger day”).
b
references to a “multinational group” were references to a group.
Other administrative provisions
4
1
Subject to paragraph 5, Parts 4 to 12 of Schedule 14 apply as if—
a
references to “multinational top-up tax” were to domestic top-up tax;
b
references to “domestic top-up tax” were to multinational top-up tax;
c
references to a “multinational group” were references to a group;
d
where an entity registered under Part 3 of that Schedule (or which should have been registered) is not part of a group—
i
references to a group or its members (however framed) were references to the entity or an entity (as the context requires);
ii
references to “the filing member of a group” were references to the entity.
2
In particular, the Treasury’s power to make regulations under paragraph 39 applies in relation to payments of domestic top-up tax.
5
1
2
6Amendments: penalties
1
In paragraph 1 of Schedule 41 to FA 2008 (penalties for failure to notify etc), in the table after the entry relating to multinational top-up tax (as inserted by paragraph 41 of Schedule 14), insert—
Domestic top-up tax
Obligation of a filing member to register under paragraph 6 of Schedule 14 to F(No.2)A 2023, as applied by paragraph 3 of Schedule 18 to F(No.2)A 2023
2
In paragraph 1 of Schedule 24 to FA 2007 (penalties for errors etc), in the table after the entry relating to multinational top-up tax (as inserted by paragraph 45 of Schedule 14), insert—
Domestic top-up tax
Overseas return notification and information provided with it
Domestic top-up tax
Self-assessment return and information provided with it
Domestic top-up tax
Below-threshold notification and information provided with it
7Other amendments
1
In section 1(1) of the Provisional Collection of Taxes Act 1968 (temporary statutory effect of House of Commons resolutions affecting income tax etc) after “multinational top-up tax,” (as inserted by paragraph 68(1) of Schedule 14) insert “domestic top-up tax,”
.
2
In section 178(2) of FA 1989 (setting of interest rates), after paragraph (x) (as inserted by paragraph 68(2) of Schedule 14) insert—
y
paragraphs 33 and 51 of Schedule 14 to the Finance (No.2) Act 2023, as applied in relation to domestic top-up tax by paragraph 4 of Schedule 18 to that Act.
3
In paragraph 63(1) of Schedule 36 to FA 2008 (information and inspection powers), after paragraph (cd) (as inserted by paragraph 68(3) of Schedule 14) insert—
ce
domestic top-up tax;
4
In section 206(3) of FA 2013, after paragraph (h) (as inserted by paragraph 68(4) of Schedule 14) insert—
i
domestic top-up tax.