111AAO QDTT group

Summary

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

The group filer then prepares and delivers QDTT 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 QDTT top-up tax in respect of that fiscal year and the group filer shall effectively be chargeable to the entire amount of QDTT 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 QDTT 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 “QDTT group” in relation to a fiscal year shall comprise of all members of an MNE group, large-scale domestic group or joint venture group that would, in the absence of subsection (2), prepare and deliver a QDTT return to the Revenue Commissioners for the fiscal year on or before the specified return date. The members of the group are referred to as “the relevant QDTT members”. All the relevant QDTT members must have elected to become members of the QDTT group and must have appointed one such member to be designated as the “QDTT group filer”.

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

(3) This subsection provides that where a QDTT group filer prepares and delivers a QDTT group return in respect of the relevant QDTT members, the other relevant QDTT members will not be required to submit a QDTT return or self-assessment and the relevant QDTT members will not be chargeable to domestic top-up tax in respect of that fiscal year. The QDTT group filer shall be chargeable to the amount of domestic top-up tax 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 alculating the domestic top-up tax of the relevant QDTT members.

(4) This subsection provides that a payment made by a relevant QDTT member to the QDTT Group filer in respect of, but not exceeding any amount that the relevant QDTT member would have been chargeable to if subsection (3) did not apply, 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 QDTT 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 QDTT group for subsequent domestic top-up tax return filing and payments.

Relevant Date: Finance Act 2024