Pillar 2 update - 16 September 2024

During the summer, the Exchequer Secretary to the Treasury published a Written Ministerial Statement that also featured an update on the UK’s Pillar 2 legislation. The update confirmed that the Undertaxed Profits (UTPR) rule will be implemented in the UK for accounting periods beginning on or after 31 December 2024. Draft legislation was also published on the Country-By-Country reporting anti-avoidance rule.

HMRC has provided more detail in an email to Chartered Accountants Ireland which reads as follows: “OECD Pillar 2: The government is publishing draft legislation to translate an internationally agreed anti-avoidance rule into UK legislation. The draft legislation stops attempts by multinational enterprises to avoid Pillar 2 top-up tax by exploiting a temporary simplification in the rules. The legislation will apply from 14 March 2024 and will prevent multinational enterprises that enter into certain avoidance transactions from accessing the simplification. 

In addition, to provide certainty for affected businesses, the government is confirming that the UK will introduce the Undertaxed Profits Rule (UTPR) of Pillar 2 for accounting periods beginning on or after 31 December 2024 and will continue efforts to ensure the UK rules are effective and up to date.  

The draft legislation on the anti-avoidance rule can be accessed on gov.uk here and we welcome any comments to pillartwoconsultation@hmtreasury.gov.uk.” 

HMRC has also published further guidance on the multinational Top-up Tax and Domestic Top-up Tax for consultation. HMRC is seeking views on this further draft which includes new and updated pages of the manual. This release of the draft HMRC guidance manual includes all previously released pages (including updates in some cases) in addition to newly drafted pages. 

HMRC invites comments from stakeholders on this draft guidance. Publication of the manual will begin following the review of consultation responses. Feedback is requested by 23 October to pillar2.consultation@hmrc.gov.uk. 

A supplementary release of draft guidance will also follow in due course. This will include remaining draft guidance on flow-through entities, joint ventures, the insurance sector, additional top-up amounts, and the undertaxed profits rule (UTPR).