HMRC SDLT: SDLTM09080 – Non-statutory clearances
Principles and Concepts of Non-Statutory Clearances
This section of the HMRC internal manual provides guidance on non-statutory clearances. It explains the principles and concepts involved in obtaining these clearances, which help clarify tax positions for individuals and businesses.
- Non-statutory clearances offer informal advice on tax matters.
- They assist in understanding complex tax legislation.
- Clearances are not legally binding but provide valuable guidance.
- They help taxpayers avoid potential disputes with HMRC.
Read the original guidance here:
HMRC SDLT: SDLTM09080 – Non-statutory clearances
HMRC Guidance on Non-Statutory Clearances
This page talks about the non-statutory clearance procedure offered by HMRC. A non-statutory clearance is a written confirmation that explains how tax law applies to a specific situation or transaction. Customers can generally rely on this confirmation when dealing with tax matters.
What is a Non-Statutory Clearance?
A non-statutory clearance provides clarity from HMRC on the interpretation of tax legislation. This means HMRC will give their opinion on whether a certain tax rule applies in a specific case. This can help customers understand their tax responsibilities better and plan accordingly.
Who Can Request a Clearance?
Customers may ask for a non-statutory clearance if they meet the following conditions:
- Read the Guidance: They have thoroughly read the relevant HMRC guidance.
- Cannot Find Information: They were unable to locate the information they need in that guidance.
- Uncertainty About Interpretation: They are unsure about how HMRC interprets the tax law in relation to their situation.
How to Apply for a Clearance
To apply for a clearance, customers should send their request to nonstatutoryclearanceteam.hmrc.gov.uk. This email address is specifically for dealing with issues related to Section 75A of tax legislation.
Important Guidelines for Applications
- HMRC will not provide a clearance if they believe the transaction was carried out solely to avoid paying tax.
- Clearance requests that only seek confirmation about whether Section 75A applies will not be considered.
When Will HMRC Grant a Clearance?
There are specific situations where HMRC is more likely to provide a non-statutory clearance. These situations include:
- Scheme Transactions: HMRC can confirm if a particular transaction qualifies as a scheme transaction. This may help customers understand if a transaction falls under certain tax schemes.
- Notional Land Transactions: HMRC can help identify who the relevant parties are in notional land transactions. This is important for determining who is liable for tax in these situations.
- Chargeable Consideration: HMRC can confirm what the chargeable consideration is for a notional transaction. Knowing this amount is essential for calculating any tax due.
Examples of Non-Statutory Clearance Situations
Here are some practical examples of when HMRC might grant a non-statutory clearance:
- Example 1: A business is unsure if a transaction it is involved in is classified as a scheme transaction. They can apply for a clearance to clarify this matter and ensure they comply with tax regulations.
- Example 2: In a scenario involving multiple parties in a property deal, a customer may want to confirm who is considered party V or party P in a notional land transaction. By seeking a non-statutory clearance, they can receive clarity.
- Example 3: A taxpayer may need confirmation of the chargeable consideration for a transaction that has occurred. This information is vital for ensuring that the correct amount of tax is paid.
What If My Request is Denied?
If a customer’s application for a non-statutory clearance is denied, they will not receive a reason in most cases. HMRC generally keeps their internal decision-making processes private. However, customers can re-evaluate their request to see if they can provide more information or evidence that supports their claim.
What to Keep in Mind While Applying
When preparing an application for a non-statutory clearance, customers should consider the following:
- Clarity and Detail: Ensure that your request is clear and provides all relevant details about the transaction or event in question.
- Do Not Duplicate Queries: Make sure not to submit multiple requests for the same issue, as this may create confusion and delay the process.
- Follow Up: If you do not receive a response in a reasonable timeframe, consider following up to check on the status of your application.
Final Thoughts on Non-Statutory Clearances
Non-statutory clearances from HMRC can provide valuable clarification on complex tax matters. Knowing the right process to follow and the types of questions that can be asked is essential for getting the most out of this service. Careful consideration of the guidance offered by HMRC can lead to better compliance with tax laws and help mitigate any potential risks associated with misunderstandings in tax obligations.
For more information on specific tax-related inquiries, always refer back to the official HMRC guidance or consult with a tax professional.
Useful article? You may find it helpful to read the original guidance here: HMRC SDLT: SDLTM09080 – Non-statutory clearances
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