Section 269 Chargeable persons

United Kingdom

(1)

A person is chargeable to domestic top-up tax for an accounting period if—

(a)

the person is a qualifying entity for that period and is a body corporate or a partnership F1..., or

(b)

the person is chargeable to tax in respect of an entity—

(i)

that is a qualifying entity for that period, and

(ii)

that is not a body corporate or a partnership F2....

(2)

A person is chargeable to tax in respect of an entity if the profits of that entity would, on the relevant assumptions, be the profits of the person for the purposes of income tax or corporation tax.

(3)

The relevant assumptions are that—

(a)

the entity has profits that are chargeable to income tax or corporation tax, and

(b)

the person is resident in the United Kingdom for the purposes of that tax.

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

Where more than one person is chargeable to tax in relation to the same qualifying entity as a result of the application of subsection (2), each of those persons is jointly and severally liable to domestic top-up tax.

Annotations

Textual amendments

F1: Words in s. 269(1)(a) omitted (22.2.2024 with effect for accounting periods beginning on or after 31.12.2023 in accordance with Sch. 12 para. 1(2) of the amending Act) by virtue of Finance Act 2024 (c. 3), Sch. 12 para. 2(5)(a)(i)
F2: Words in s. 269(1)(b) omitted (22.2.2024 with effect for accounting periods beginning on or after 31.12.2023 in accordance with Sch. 12 para. 1(2) of the amending Act) by virtue of Finance Act 2024 (c. 3), Sch. 12 para. 2(5)(a)(ii)
F3: S. 269(4)-(6) omitted (22.2.2024 with effect for accounting periods beginning on or after 31.12.2023 in accordance with Sch. 12 para. 1(2) of the amending Act) by virtue of Finance Act 2024 (c. 3), Sch. 12 para. 2(5)(b)