ATCS05520 - Advance Tax Certainty Service: Process: Post-issuance: How clearance compliance will be monitored
Annual self-review
All clearances issued under the Advance Tax Certainty Service will be centrally monitored by HMRC to ensure consistency and integrity. However, applicants remain responsible for monitoring compliance with their own clearance throughout its duration.
As part of the clearance process, applicants will have the opportunity to discuss how critical assumptions will be monitored throughout the duration of the clearance. If the scope of the project changes but the critical assumptions are still met, or if there is uncertainty about whether they remain valid, applicants should contact HMRC to confirm whether the clearance continues to apply.
To support ongoing compliance, applicants will be expected to undertake annual self-monitoring of the clearance’s conditions, indicating how they are continuing to meet the criteria set out in the clearance. For Large Businesses with an assigned Customer Compliance Manager (CCM), conversations around monitoring clearances can be included as part of any annual discussions. This provides an opportunity to review any relevant matters in a structured and collaborative way.
HMRC may request copies of the outcome of this self-monitoring, either through the Customer Compliance Manager (CCM) or the Advance Tax Certainty Team.
Requests for information
HMRC may request further information from an applicant that might reasonably be required to check that the tax treatment in the clearance is still valid.
Failure to provide the requested information may result in revocation of the clearance and can result in a penalty of £5,000.