Corporation Tax Citation and commencement 1 1 These Regulations may be cited as the Corporation Tax (Instalment Payments) (Amendment) Regulations 2017 and come into force on 1st April 2019. 2 These Regulations have effect in relation to accounting periods beginning on or after 1st April 2019. Amendment of the Corporation Tax (Instalment Payments) Regulations 1998 2 The Corporation Tax (Instalment Payments) Regulations 1998 are amended as follows. Amendment of regulation 2 3 1 In regulation 2(1) (interpretation)— a for the definition of “large company” substitute— “large company” has the meaning given by regulation 3(1) or 3A (as the case may be); ; b after the definition of “large company” insert— “related 51% group companies” has the same meaning as it has in section 279F of CTA 2010 ; ; c after the definition of “the Management Act”, omit “and”; d for the definition of “the Taxes Act” substitute— “the Taxes Act” means the Income and Corporation Taxes Act 1988; ; and e after that definition insert— “very large company” has the meaning given by regulation 3(2) or 3A (as the case may be). . 2 In regulation 2(3) (interpretation of total liability), for “References in these Regulations” substitute “Except as provided by regulation 3A, references in these Regulations”. Amendment of regulation 3 4 For regulation 3 (large companies) substitute— Large and very large companies 3 1 Subject to paragraphs (3) to (5), a company (other than a relevant entity or a responsible member) is a large company by virtue of this regulation in respect of an accounting period if its profits in that period exceed £1.5 million but do not exceed £20 million. 2 Subject to paragraphs (3) and (4), a company (other than a relevant entity or a responsible member) is a very large company by virtue of this regulation in respect of an accounting period if its profits in that period exceed £20 million. 3 The amounts of profits specified in paragraphs (1) and (2) are subject to the provisions in paragraphs (8) and (10). 4 A company is not in respect of an accounting period— a a large company by virtue of paragraph (1); or b a very large company by virtue of paragraph (2), if its total liability for the period does not exceed £10,000 (or such amount as applies by virtue of paragraph (10)). 5 A company is not in respect of an accounting period (“AP”) a large company by virtue of this regulation where the profits of the company in AP do not exceed £10 million (or such amount as applies by virtue of paragraphs (8) and (10)) and— a during any part of the period (“AP-12”) of 12 months immediately preceding AP, the company did not exist or did not have an accounting period; or b in respect of any accounting period which fell within or ended in AP-12 the company was not— i a large company other than by reason of the operation of this paragraph, or ii a very large company. 6 Paragraph (8) applies where a company has one or more related 51% group companies in an accounting period. 7 For the purposes of this regulation, the number (“N”) of related 51% group companies of a company in an accounting period (“AP”) is to be determined— a as the number existing at the end of the accounting period (“AP-1”) immediately preceding AP; or b where there is no AP-1 or AP-1 did not end on the day before AP commenced, as the number existing at the commencement of AP. 8 Where this paragraph applies by virtue of paragraph (6), whether a company is (or is not) a large company or a very large company in respect of an accounting period by virtue of this regulation is to be determined with the following modifications— a in paragraph (1), for “£1.5 million” substitute “£1.5 million/1+N”; b in paragraphs (1) and (2), for “£20 million” substitute “£20 million/1+N”; and c in paragraph (5), for “£10 million” substitute “£10 million/1+N, but the amounts in sub-paragraphs (a), (b) and (c) are subject to the provisions in paragraph (10). 9 Except where paragraph (4) applies, whether a company is (or is not) a large company or a very large company by virtue of this regulation is to be determined as it would have been determined apart from sections 330 (supplementary charge in respect of ring fence trades) and 331 (meaning of “financing costs” etc ) of CTA 2010. 10 Where an accounting period is a period of less than 12 months, whether a company is (or is not) a large company or a very large company in respect of that period by virtue of this regulation is to be determined by making a proportionate reduction to the following amounts— a £10,000 in paragraph (4); b £1.5 million in paragraph (1) or £1.5 million/1+N in that paragraph where paragraph (8) applies; c £10 million in paragraph (5) or £10 million/1+N in that paragraph where paragraph (8) applies; and d £20 million in paragraphs (1) and (2) or £20 million/1+N in those paragraphs where paragraph (8) applies. Large and very large companies: bank levy 3A 1 This regulation applies where a company is a relevant entity or a responsible member. 2 Subject to paragraphs (4) to (7), a company is a very large company by virtue of this regulation in respect of an accounting period if its profits in that period exceed £20 million. 3 A company which is not a very large company in respect of an accounting period by virtue of paragraph (2) is a large company in respect of that period. 4 A company is not in respect of an accounting period a very large company by virtue of paragraph (2) if its total liability for the period does not exceed £10,000 (or such amount as applies by virtue of paragraph (7)). 5 Where in an accounting period a company has one or more related 51% group companies, whether the company is (or is not) a very large company by virtue of this regulation in respect of that period is to be determined by substituting in paragraph (2) “£20 million/1+N” for “£20 million”. 6 The amount of “£20 million/1+N” in paragraph (5) is subject to paragraph (7). 7 Where an accounting period is a period of less than 12 months, whether a company is (or is not) a very large company in respect of that period by virtue of this regulation is to be determined by making a proportionate reduction to the following amounts— a £20 million in paragraph (2) or £20 million/1+N in that paragraph where paragraph (5) applies; and b £10,000 in paragraph (4). 8 For the purposes of this regulation— a “N” has the same meaning as it has for the purposes of regulation 3; and b “total liability” excludes any amount of bank levy payable. . Payment dates: very large companies 5 After regulation 5 (instalment payments – principal provision) insert— Instalment payments: very large companies: days for payment 5AZA 1 Except in respect of any amount falling within regulation 5AZC or 5A, amounts in respect of the total liability of a very large company for an accounting period are due and payable on the following days. 2 Where the accounting period is 12 months— a the first instalment is due on the day (“instalment 1 day”) which is 2 months and 13 days after the first day of the accounting period; b the second instalment is due on the day (“instalment 2 day”) which is 3 months later than instalment 1 day; c the third instalment is due on the day (“instalment 3 day”) which is 3 months later than instalment 2 day; and d the final instalment is due on the day (“the final instalment day”) which is 3 months later than instalment 3 day. 3 Where the accounting period is less than 12 months, steps 1 to 5 apply instead of paragraph (2). 4 Step 1 is to determine if the accounting period ends— a on the last day of the month, in which case find the day which falls 14 days after the last day of the previous month and apply step 2; b other than on the last day of the month and where there is a day with the same date (“an equivalent day”) in the previous month, in which case find the day which falls 14 days after the corresponding day in the previous month and apply step 2; or c other than on the last day of the month and where there is not an equivalent day in the previous month, in which case find the day which falls 14 days after the last day in the previous month and apply step 2. 5 Step 2 is to determine if the day found under step 1 falls on or before the first day of the accounting period and— a if it does, an instalment is due on the last day (“the only instalment day”) of the accounting period and no further steps apply; or b if it does not, an instalment is due on the day found under step 1 (“the final instalment day”) and apply step 3. 6 Step 3 is to determine if the day (“D1”) which falls 2 months and 13 days after the first day of the accounting period falls on or after the final instalment day and— a if it does, the final instalment day becomes the only instalment day and no further steps apply; or b if it does not, an instalment is due on D1 (“instalment 1 day”) and apply step 4. 7 Step 4 is to determine if the day (“D2”) which falls 3 months later than instalment 1 day falls on or after the final instalment day and— a if it does, no further steps apply; or b if it does not, an instalment is due on D2 (“instalment 2 day”) and apply step 5. 8 Step 5 is to determine if the day (“D3”) which falls 3 months later than instalment 2 day falls before the final instalment day and only if it does is an instalment due on D3 (“instalment 3 day”). Instalment payments: very large companies: calculation of payment except bank levy and ring fence profits and adjusted ring fence profits 5AZB 1 The amount (“CTI”) which comprises a very large company’s total liability for an accounting period (less any amount falling within regulation 5AZC or 5A) is due and payable on the instalment days set out in this regulation. 2 Where the only instalment day applies, all of CTI is due and payable on that day. 3 The amount due and payable on, if applicable— a instalment 1 day, is the lesser of CTI and the formula amount; b instalment 2 day and instalment 3 day, is the lesser of CTI-B and the formula amount; and c the final instalment day, is CTI-B. 4 In paragraph (3)— “B” means the amount of CTI required to be paid on each previous instalment day; and “the formula amount” means the amount produced by— 3 x ( C T I / ( w m + w m d ) ) where— “wm” is the number of whole months falling within the accounting period; “wmd” is the decimal (calculated to two places rounded arithmetically where necessary) of the fraction R/30, where “R” is the number of days in an accounting period outside the whole months represented by “wm”. 5 In this regulation the days listed in paragraph (6) have the same meaning in this regulation as they have in paragraph (2) or paragraphs (5) to (8), as the case may be, of regulation 5AZA, and “instalment days” in paragraph (1) means any of those days. 6 The days referred to in paragraph (5) are— “the final instalment day”; “instalment 1 day”, “instalment 2 day” and “instalment 3 day”; and “the only instalment day”. Instalment payments: very large companies: bank levy 5AZC 1 A very large company’s total liability for an accounting period for bank levy is due and payable as provided by paragraphs (3) to (9) of regulation 5, but with the following modifications of paragraphs (5) and (6) of that regulation. 2 The modifications referred to in paragraph (1) are— a in the formula in paragraph (5), for “CTI” substitute “BL”; b for the definition of “CTI” in paragraph (5) substitute— “BL” is the total amount of the company’s liability to bank levy for the accounting period, and , and c in paragraph (6), for “CTI” substitute “BL”. . Amendment of regulation 5A 6 1 Regulation 5A (instalment payments – ring fence profits and adjusted ring fence profits) is amended as follows. 2 In paragraph (1), after “large company” insert “or very large company”. 3 In paragraph (5)— a omit sub-paragraph (a); and b in sub-paragraph (b), omit “thereafter,”. Amendment of regulation 5B 7 In paragraph (3) of regulation 5B (instalment payments – the bank levy – anti-avoidance), for “regulation 5(3)” substitute “regulation 5 or 5AZC”. Amendment of regulation 6 8 1 Regulation 6 (repayment of amounts in respect of a large company’s total liability for an accounting period) is amended as follows. 2 For the title to regulation 6, substitute “ Repayments: large companies and very large companies ”. 3 In paragraph (1), after “large company” insert “or very large company”. 4 In paragraph (1)(a), for “regulation 4A, 4B, 4C, 4D, 5, 5A or 5B (as the case may be)” substitute “these Regulations”. Amendment of regulation 7 9 1 Regulation 7 (interest on unpaid amounts of a large company’s total liability for an accounting period) is amended as follows. 2 For the title to regulation 7, substitute “ Interest on unpaid amounts: large companies and very large companies ”. 3 In paragraph (1), after “large company” insert “or a very large company”. 4 In paragraph (2) in the inserted text, for “for an accounting period in accordance with regulation 4A, 4B, 4C, 4D, 5, 5A or 5B (as the case may be) of” substitute “or a very large company for an accounting period in accordance with”. 5 In paragraph (4) in the inserted text, after “large company” insert “or a very large company”. 6 In paragraph (5) in the inserted text, for “has the meaning given by regulation 3 of” substitute “and “very large company” have the meanings given in”. Amendment of regulation 8 10 1 Regulation 8 (interest on overpaid amounts of a company’s total liability for an accounting period) is amended as follows. 2 In paragraph (1)(a)— i after “large company” insert “or a very large company”; and ii for “regulation 4A, 4B, 4C, 5, 5A or 5B” substitute “these Regulations”. 3 In paragraph (1)(b), after “large company” insert “or a very large company”. 4 In paragraph (2)(a) in the inserted text of paragraph (ca)— a after “large company” insert “or a very large company”; b omit “regulation 3 of”; and c omit “regulation 4A, 4B, 4C, 5, 5A or 5B of”. 5 In paragraph (2)(a) in the inserted text of paragraph (cb), after “large company” insert “or a very large company”. 6 In paragraph (3) in the inserted text of subsection (3ZA)— a for “date on which the first” substitute “earliest date on which an”; and b omit “regulation 4A, 4B, 4C, 5(3), 5A(3) or 5B(3) of”. Amendment of regulation 9 11 1 Regulation 9 (consequential amendment of Chapter 4 of Part 22 of CTA 2010) is amended as follows. 2 In paragraph (1)— a after “accounting period and” insert “the surrendering company or the recipient company (or both) is a large company or a very large company”; and b omit sub-paragraphs (a) and (b). 3 In paragraph (5) in the inserted text of subsection (6B)— a in paragraph (a) of that subsection— i after “large company” insert “or a very large company”; and ii omit “regulation 4A, 4B, 4C, 5, 5A or 5B of”; and b in paragraph (b) of that subsection, after “large company” in both places in which it appears insert “or a very large company”. 4 In paragraph (5) in the inserted text of subsection (6F), for “has the same meaning as in regulation 3 of” substitute “and “very large company” have the meanings given in”. Amendment of regulation 10 12 1 Regulation 10 (information to be provided to HMRC ) is amended as follows. 2 In both sub-paragraph (a) and (b) of paragraph (1), for “regulation 4A, 4B, 4C, 5, 5A or 5B, as the case may be,” substitute “these Regulations”. Amendment in respect of regulation 10A 13 For the title to regulation 10A, substitute “ Additional information to be provided to HMRC: bank levy ”. Amendment of regulation 11 14 1 Regulation 11 (production of records) is amended as follows. 2 In both sub-paragraph (a) and (b) of paragraph (1), for “regulation 4A, 4B, 4C, 5, 5A or 5B (as the case may be)” substitute “these Regulations”. Amendment of regulation 13 15 1 Regulation 13 (penalty for unpaid tax) is amended as follows. 2 For “regulation 4A, 4B, 4C, 5, 5A or 5B (as the case may be)” substitute “these Regulations”. Regulations 4, 4A, 4B, 4C and 4D 16 Regulations 4, 4A, 4B, 4C and 4D are omitted. David Rutley David Evennett Two of the Lords Commissioners of Her Majesty’s Treasury 7th November 2017