Exchange of tax rulings: When automatic exchange starts
IEIM510500: Exchange of tax rulings: When automatic exchange starts
Both Action 5 and the DAC set 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 strict deadlines are below. Where a ruling needs to be exchanged under both Action 5 and the DAC, the earlier of the two schedules should be used.
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.
All new DAC rulings after 1 January 2017
All rulings and APAs given on or after that date must be exchanged within three months following the end of the half of the calendar year during which it was issued. The first exchanges must be made by 30 September 2017, and every six months thereafter. 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 of both Action 5 and the DAC. 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.