111AAL UTPR group

A member of a UTPR group may prepare and deliver a single UTPR return to the Revenue Commissioners for the fiscal year. All the relevant members of each group must elect to become members of the UTPR group and must have appointed one such member to be designated as the UTPR group filer.

The group filer then prepares and delivers a UTPR group return in respect of all relevant members for the fiscal year on or before the specified return date.

Where a Group return is filed, the relevant members will not be required to submit a return or self-assessment, the relevant members will not be chargeable to the UTPR top-up tax in respect of that fiscal year and the group filer shall effectively be chargeable to the entire amount of UTPR top-up tax due and payable in the State in respect of the relevant members. .

Where a payment is made by a relevant member to the group filer in respect of, but not exceeding, any amount of UTPR top-up tax that the relevant member would have been liable to, it shall not be taken into account in calculating profits or losses of either company for the purposes of corporation tax, nor shall it be regarded as a distribution or a charge on income for any purpose of the Corporation Tax Acts.

Any group member may withdraw an election to be part of the group.

Details

(1) This subsection provides that a “UTPR group” in relation to a fiscal year shall comprise of all members of an MNE group that would, in the absence of subsection (2), be required to prepare and deliver a UTPR return to the Revenue Commissioners for the fiscal year. The members of the group are referred to as “the relevant UTPR members”. All the relevant members must have elected to become members of the UTPR group and must have appointed one such member to be designated as the “UTPR group filer”.

(2) This subsection provides that the UTPR group filer shall prepare and deliver a UTPR group return in respect of all relevant UTPR members for the fiscal year on or before the specified return date.

(3) This subsection provides that where a UTPR group filer prepares and delivers a UTPR group return in respect of the relevant UTPR members, the other relevant UTPR members will not be required to submit a UTPR return or self-assessment, and the other relevant UTPR members will not be chargeable to the UTPR top-up tax in respect of that fiscal year. The UTPR group filer shall be chargeable to an amount equal to the UTPR top-up tax amount of the MNE group allocated to the State, as determined in accordance with section 111N(2)..

(4) This subsection provides that a payment made by a relevant UTPR member to the UTPR Group filer in respect of, but not exceeding any amount that the relevant UTPR member would have been liable to if it were not part of a UTPR group, shall not be taken into account in calculating corporation tax profits or losses of either company, nor shall it be regarded as a distribution or a charge on income for any purpose of the Corporation Tax Acts.

(5) This subsection provides that a relevant UTPR member may withdraw an election to be part of the group. Where this happens, the provisions of subsections (2) to (4) no longer apply to the MNE group for subsequent UTPR return filing and payments.

Relevant Date: Finance Act 2024