Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023

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10. (1) Sections 959V, 959Y, 959Z, 959AA, 959AC, 959AD, 959AE, 959AU and 959AV(1) of the Act of 1997 shall apply to the temporary solidarity contribution, subject to the following modifications:

(a) a reference to a chargeable person shall be construed as a reference to an energy company;

(b) a reference to a chargeable period shall be construed as a reference to a chargeable period within the meaning of this Act;

(c) a reference to income, profits or gains or, as the case may be, chargeable gains shall be construed as a reference to taxable profits;

(d) a reference to a return shall be construed as a reference to a return within the meaning of this Act;

(e) a reference to the specified return date for the chargeable period shall be construed as a reference to the specified date;

(f) a reference to tax shall be construed as including a reference to temporary solidarity contribution;

(g) a reference to assessment, Revenue assessment or self assessment, as the case may be, shall be construed as a reference to an assessment, Revenue assessment or self assessment within the meaning of this Act, as the case may be;

(h) a reference to the Acts shall be construed as including a reference to this Act;

(i) the reference in section 959V(5) to section 959L shall be construed as a reference to section 9 .

(2) Section 959Z of the Act of 1997 shall apply to the temporary solidarity contribution as if—

(a) the following subsection, subject to the modifications referred to in subsection (1), were substituted for subsection (3):

“(3) Subject to subsections (3A) and (4), any enquiries or actions to which either subsection (1) or (2) applies shall not be made in the case of an energy company (within the meaning of the Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023) for a chargeable period at any time after the expiry of the period of 4 years commencing at the end of the year in which the energy company has delivered a return for the chargeable period.”,

and

(b) the following subsection, subject to the modifications referred to in subsection (1), were inserted after subsection (3):

“(3A) (a) Nothing in this section shall be construed as preventing the making of enquiries or taking of actions regarding the composition or calculation of the average taxable profits in respect of the reference years, included in a return for the chargeable period, within the period of 4 years commencing at the end of the year in which the energy company has delivered that return.

(b) In this subsection, ‘average taxable profits in respect of the reference years’ and ‘energy company’ have the same meaning, respectively, as in the Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023.”.