SolvedIEIM300060 | Country-by-Country reporting: Exceptions to the filing obligation
From HM Revenue & Customs · International Exchange of Information Manual
Please ensure you have read the guidance on the filing obligation set out on the previous page (IEIM300050 - Country-by-Country reporting: The filing obligation). The guidance set out here only applies to UK entities that have a filing obligation. Where it is determined that there is no filing obligation, there is no need to consider exceptions to the filing obligation.
The UK rules use many terms and definitions that are taken from the OECD guidance and that guidance should be checked when completing a CbC report.
A UK Entity that is required to file in the UK can apply an exception where, by the filing deadline, the information it would be required to file has already been included in either:
a CbC report which has already been received by HMRC – Exception A.
a CbC report filed with a jurisdiction that will exchange with HM Revenue and Customs – Exception B. It is not necessary for the CbC report to have been received by HMRC from the other jurisdiction for the exception to apply but it is necessary for the report to have been filed with the tax authority of the other jurisdiction before the filing deadline.
Any UK entity which intends to rely on filing by another entity in its group will want to consider engaging early with the entity that will file the CbC report to ensure that it is not subject to the duty to file.
A UK Entity which is applying either of the exceptions outlined above must tell HMRC, by the filing deadline:
| In both cases: | Exception B only: |
| The reporting period covered by the exception | |
| The type of exception (A or B) | |
| The name of the entity that has filed a report including the UK Entity’s information | The jurisdiction of tax residence of that entity |
| The date the report was filed | The jurisdiction with whose tax authority the report was filed |
This information should be submitted by email to: [email protected].
Until 26 July 2023, UPEs and UKEs were required to notify HMRC in advance for each period covered by a CbC report (including where exceptions to the filing obligation applied). This requirement was removed by the The Taxes (Base Erosion and Profit Shifting) (Country-by-Country Reporting) (Amendment) Regulations 2023 (legislation.gov.uk).