Statutory clearances

Produced by a Tolley Corporation Tax expert

Corporation Tax

Guidance

Available statutory clearances

A number of clearance procedures are provided for in the legislation. Only some of these are dealt with regularly by tax advisers and so it is only these most common clearance procedures that are covered in more detail below. A full list of the statutory provisions where advance clearance can be applied for can be found on the GOV.UK website.

Clearances under the following provisions should be sent in a single application to HMRC’s Clearance and Counteraction Team. Market sensitive clearance applications should be marked for the attention of the ‘Team Leader’.

Please click on the links where indicated for further guidance on drafting the relevant clearances:

CTA 2010, s 1091	Demergers	See the Demerger clearances guidance note
CTA 2010, s 1044	Purchase of own shares	See the Purchase of own shares clearances and reporting guidance note
ITA 2007, s 247(1)(f)	EIS shares ― acquisition by new company	See the Enterprise investment scheme deferral relief and Gain deferred through EIS becomes chargeable guidance notes
CTA 2010, s 748 / ITA 2007,

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