Finance (No. 2) Act 2023 · Updated to 29 Dec 2023 · Chapter 13
202. Top-up Tax return by Constituent Entity
Feedback & supportEvery Constituent Entity of a Multinational Enterprise
Constituent Entity
“Constituent Entity” means— (a) any Entity that is included in a Group; or (b) any Permanent Establishment of a Main Entity that is within paragraph (a) and which is treated as separate from the Main Entity and any other Permanent Establishment of that Main Entity, but does not include an Excluded Entity;
Group shall for each Reporting Financial Year furnish to the Director General a Top-up Tax return in the prescribed form not later than fifteen months from the last day of the Reporting Financial Year.
Group
“Group” means— (a) a collection of Entities that are related through ownership or control such that the assets, liabilities, income, expenses and cash flows of those Entities are— (i) included in the Consolidated Financial Statements of the Ultimate Parent Entity; or Finance (No. 2) (ii) excluded from the Consolidated Financial Statements of the Ultimate Parent Entity solely on size or materiality grounds, or on the grounds that the Entity is held for sale; or (b) an Entity that is located in one jurisdiction and has one or more Permanent Establishments located in other jurisdictions provided that the Entity is not a part of another Group mentioned in paragraph (a);
For the purposes of this section, a Constituent Entity shall furnish to the Director General a Top-up Tax return in the prescribed form on an electronic medium or by way of electronic transmission in accordance with section 152a.
Top-up Tax return
“Top-up Tax return” means a return in the prescribed form as provided under section 202; Finance (No. 2)
For the purposes of this section, the Top-up Tax return for a Reporting Financial Year shall—
Reporting Financial Year
“Reporting Financial Year” means the Financial Year that is the subject of the information return or the Top-up Tax return;
specify the amount of tax payable, if any, for that year; and
contain such particulars as may be required by the
Director General.