Part 3Multinational top-up tax
Chapter 1Introduction and charge
122Chargeable persons
1
A person is chargeable to multinational top-up tax for an accounting period of a multinational group if the group is a qualifying multinational group in that period and—
a
the person—
i
is a responsible member of the multinational group at any time in that period,
ii
is a body corporate or a partnership that is not a body corporate, and
iii
is located in the United Kingdom, or
b
the person is chargeable to tax in respect of an entity that is a responsible member of the multinational group at any time in that period.
2
A person is chargeable to tax in respect of a responsible member of a multinational group if—
a
the profits of the responsible member would, on the relevant assumptions, be the profits of the person for the purposes of income tax or corporation tax,
b
the responsible member is located in the United Kingdom, and
c
the responsible member is not—
i
a body corporate, or
ii
a partnership that is not a body corporate.
3
The relevant assumptions are—
a
that the responsible member has profits that are chargeable to income tax or corporation tax, and
b
that the person is resident in the United Kingdom for the purposes of that tax.
4
Where a partnership that is not a body corporate is chargeable to multinational top-up tax as a result of subsection (1)(a)—
a
the responsible partners are liable to pay the tax, and
b
the liability of the responsible partners to do so is joint and several.
5
The references in subsection (4) to “the responsible partners” are to each member of the partnership at any time during the accounting period who—
a
in the case of a partner that is an entity, is located in the United Kingdom, or
b
in the case of a partner that is an individual, is tax resident in the United Kingdom.
6
A partnership is to be regarded for the purposes of this section as continuing to be the same partnership regardless of a change in membership, provided that a person who was a member before the change remains a member after the change.
7
Where more than one person is chargeable to tax in relation to the same responsible member of a qualifying multinational group as a result of the application of subsection (2), each of those persons is jointly and severally liable to multinational top-up tax.