111AAO.   QDTT group

(1) For the purposes of this Chapter, a ‘QDTT group’ for a fiscal year shall comprise—

(a) all of the constituent entities of an MNE group,

(b) all of the constituent entities of a large-scale domestic group, or

(c) the joint venture and all the joint venture affiliates of a joint venture group,

as the case may be, that would, in the absence of subsection (2), be required, in accordance with section 111AAN, to prepare and deliver to the Revenue Commissioners a QDTT return for the fiscal year (in this Chapter referred to as the ‘relevant QDTT members’), where all such relevant QDTT members—

(i) have elected to be members of the QDTT group, and

(ii) have appointed one such member (in this Part referred to as the ‘QDTT group filer’) to prepare and deliver the QDTT return on behalf of the relevant QDTT members,

on or before the specified return date for the fiscal year.

(2) A QDTT group filer shall prepare and deliver a QDTT return, in respect of all of the relevant QDTT members, for the fiscal year on or before the specified return date.

(3) Where a QDTT group filer prepares and delivers a QDTT return, in respect of all relevant QDTT members, for a fiscal year on or before the specified return date—

(a) section 111AAN shall not apply to the relevant QDTT members other than the QDTT group filer (in this subsection referred to as ‘the other relevant QDTT members’) for the fiscal year,

(b) the other relevant QDTT members shall not be chargeable to domestic top-up tax in respect of the fiscal year, and

(c) the QDTT group filer shall be chargeable to an amount of domestic top-up tax in respect of all of the relevant QDTT members, in respect of whom the return is prepared and delivered, for the fiscal year and such an amount shall be equal to the jurisdictional top-up tax for the QDTT group for the fiscal year, as would be determined in accordance with section 111AAD for domestic purposes when calculating the domestic top-up tax of the relevant QDTT members if this section did not apply.

(4) A payment made by a relevant QDTT member to the QDTT group filer in respect of, but not exceeding, the amount of domestic top-up tax that the relevant QDTT member would have been chargeable to in respect of the fiscal year if subsection (3) did not apply, shall not—

(a) be taken into account in calculating profits or losses of either company for corporation tax purposes, and

(b) be regarded as a distribution or a charge on income for any of the purposes of the Corporation Tax Acts.

(5) A relevant QDTT member may withdraw an election made under subsection (1) and where such a withdrawal is made subsections (2) to (4) shall not apply to fiscal years in respect of which the specified return date occurs after the date on which the withdrawal of the election is submitted to the Revenue Commissioners.