{
  "url": "https://openlegislation.uk/finance-act-2026/schedule-8/paragraph-22",
  "json_url": "https://openlegislation.uk/finance-act-2026/schedule-8/paragraph-22.json",
  "legislation": "ukpga/2026/11",
  "legislation_title": "Finance Act 2026",
  "legislation_url": "https://openlegislation.uk/finance-act-2026",
  "path": "schedule/8/paragraph/22",
  "kind": "paragraph",
  "number": "22",
  "heading": "Deferred tax assets and liabilities: exclusions",
  "text": "(1) Schedule 16A (safe harbours) is amended as follows.\n(2) In paragraph 3 (disqualifying conditions)—\n(a) in sub-paragraph (1), for “Conditions A to D” substitute “The following conditions”;\n(b) at the end insert—\n“(7) Condition E is that—\n(a) a member of the group located in the territory has a relevant pre-entry deferred tax asset or relevant pre-entry deferred tax liability, and\n(b) the qualifying domestic top-up tax applying in the territory either—\n(i) does not make provision corresponding to section 185(7A) to (7D) (exclusion for deferred tax assets arising as a result of government arrangements etc) in relation to relevant pre-entry deferred tax assets and relevant pre-entry deferred tax liabilities, or\n(ii) makes such corresponding provision in a way that is inconsistent with the Pillar Two commentary in relation to relevant pre-entry deferred tax assets or relevant pre-entry deferred tax liabilities.\n(8) In subsection (7) “relevant pre-entry deferred tax asset” and “relevant pre-entry deferred tax liability” have the same meaning as in Schedule 16, but for that purpose the words “or (7C)” in the definition of “relevant pre-entry deferred tax asset” are to be disregarded.”\n(3) In paragraph 4(1)—\n(a) omit paragraph (a);\n(b) in paragraph (b)—\n(i) for “after sub-paragraph (6), there were inserted” substitute “at the end there were inserted the following disqualifying condition”;\n(ii) the inserted sub-paragraph (7) becomes an inserted unnumbered sub-paragraph.\n(4) In paragraph 5(1)(b)—\n(a) omit sub-paragraph (i);\n(b) in sub-paragraph (ii)—\n(i) for “after sub-paragraph (6), there were inserted” substitute “at the end there were inserted the following disqualifying condition”;\n(ii) the inserted sub-paragraph (7) becomes an inserted unnumbered sub-paragraph.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/11/schedule/8/paragraph/22",
    "retrieved_at": "2026-10-29T08:42:24.914774+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}