IEIM510500 - Exchange of tax rulings: When automatic exchange starts

IEIM510500: Exchange of tax rulings: When automatic exchange starts

Action 5 sets out when and how tax authorities should begin to automatically exchange tax rulings. Guidance on what and how to share is found at IEIM570000+.

In broad terms, it is best practice for staff in HMRC providing new rulings and APAs to forward a completed template plus relevant documents to JITSIC as part of the actions to close a clearance or APA (IEIM570900). JITSIC can then handle the decisions on timing.

The deadlines for exchanging Action 5 rulings are below.

All new Action 5 rulings and APAs after 1 April 2016

Action 5 requires rulings and APAs given on or after 1 April 2016 are to be exchanged within three months of the date received by the Competent Authority, i.e. JITSIC. The template at IEIM570900 should be submitted to JITSIC at the same time as providing the ruling or APA to the customer.

Exchange of past rulings and APAs made before those dates and still in effect

There is also a requirement to exchange rulings given before the entry into force dates for Action 5. This is described at IEIM510550. Lines of business have arranged how these will be identified.

Spontaneous exchange of tax rulings

Outside of the automatic exchange criteria, we may also need to exchange rulings that are foreseeably relevant to another jurisdiction (IEIM530000). There is no set timetable, but as above best practice should be to exchange these as soon as possible.