Income Tax (Charge): 12. Energy (oil and gas) profits levy (increase in rate)
Question put,
That—
(1) In section 1 of the Energy (Oil and Gas) Profits Levy Act 2022 (charge to tax), in subsection (1), for “35%” substitute “38%”.
(2) The amendment made by paragraph (1) has effect for accounting periods beginning on or after 1 November 2024.
(3) In the case of an accounting period (a “straddling period”) beginning before 1 November 2024 and ending on or after that date—
(a) the Energy (Oil and Gas) Profits Levy Act 2022 is to apply as if so much of the straddling period as falls before that date, and so much of the straddling period as falls on or after that date, were separate accounting periods, and
(b) the company’s levy profits or loss determined for the straddling period (on the assumption that the whole of that period were a qualifying period) are apportioned to the two separate accounting periods in accordance with section 17 of that Act, which is to apply for the purposes of this Resolution as it applies for the purposes of sections 15 and 16 of that Act.
(4) In the case of a straddling period, the Instalment Payments Regulations 1998 are to apply separately—
(a) in relation to the levy, and
(b) in relation to any other tax chargeable on the company.
(5) In their application as a result of paragraph (4)(a), the Instalment Payments Regulations 1998 are to have effect in relation to the levy—
(a) as if the two separate accounting periods deemed to arise under paragraph (3)(a) were accounting periods for the purposes of those Regulations and as if the levy were chargeable for those deemed accounting periods, but
(b) as if the final instalment payment for the deemed accounting period ending on 31 October 2024 became due and payable on the date on which the next instalment payment after 31 October 2024 would have become due and payable for the straddling period in the absence of this Resolution.
(6) Any reference in the Instalment Payments Regulations 1998 to the total liability of a company is accordingly to be read—
(a) in their application as a result of paragraph (4)(a), as a reference to the levy, and
(b) in their application as a result of paragraph (4)(b), as a reference to the amount that would be the company’s total liability for the straddling period if the levy were left out of account.
(7) For the purposes of the Instalment Payments Regulations 1998—
(a) a company is to be regarded as a large company as respects the deemed accounting periods under paragraph (3)(a) only if it is a large company for those purposes as respects the straddling period, and
(b) any question whether a company is a large company as respects the straddling period is to be determined as it would have been determined apart from section 1 of the Energy (Oil and Gas) Profits Levy Act 2022.
(8) In this Resolution “the Instalment Payment Regulations 1998” means the Corporation Tax (Instalment Payments) Regulations 1998 (S.I. 1998/3175).