Finance (No.2) Bill (Ways and Means) (Diverted Profits Tax (Closure Notices Etc))
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That—
(1) Resolution 24 of the House of 3 November 2021 (diverted profits tax (closure notices etc)) is amended as follows.
(2) In paragraph (4), in the section 101C which is inserted into the Finance Act 2015 (closure notices: rules during review period)—
(a) in subsection (2), in the words before paragraph (a), for the words from “an” to “(1)(a)” substitute “a relevant enquiry”;
(b) after subsection (3) insert—
“(3A) In subsection (2), ‘relevant enquiry’ means—
(a) an enquiry into the company tax return for the accounting period mentioned in subsection (1)(a);
(b) where the charging notice mentioned in subsection (1)(a) is issued to a company (‘the foreign company’) for an accounting period by reason of section 86 applying in relation to it for that accounting period, an enquiry into any company tax return for the avoided PE (within the meaning of section 86) that may be amended by virtue of section 101B(2) so as to reduce the taxable diverted profits arising to the foreign company in that accounting period.”
(3) Resolution 24 is to be treated as if the amendments made by paragraph (2) had at all times been incorporated into the provision made by that Resolution.
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.—(Rebecca Harris.)