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HMRC internal manual

International Exchange of Information Manual

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HM Revenue & Customs
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Exchange of tax rulings: Information not to be exchanged

IEIM510700: Exchange of tax rulings: Information not to be exchanged

 

Certain confidential information is not to be disclosed

No instrument for exchange of information permits the disclosure of:

  • A commercial, industrial or professional secret
  • A commercial process
  • Information whose disclosure would be contrary to public policy

 

If you think that disclosure of certain information would breach this requirement, you must tell JITSIC.  If not, HMRC may inadvertently breach its duty of confidentiality.  It is important that JITSIC, as Competent Authority for exchange, is involved in the decision over whether the information breaches the requirement.

JITSIC can and does redact information from documents before exchange.  It is possible to redact parts of a document to withhold secret information, for example a secret formula, but still provide the whole document.

It is possible, but not likely, that the summary of information to be exchanged under the requirements of Action 5 and the DAC will contain confidential information that may need to be redacted.

 

Certificates of residence

A certificate is a signed statement that the person is, to the best of HMRC’s knowledge, resident for tax purposes in the UK.  It is distinguishable from the underlying transactions for which it is provided.

Certificates of residence are not rulings that are exchangeable in accordance with Action 5 (IEIM540010), the DAC (IEIM550010), or spontaneously (IEIM530010). Details of any rulings related to the underlying transactions may need to be exchanged if they meet the criteria set out in this guidance manual. 

 

 

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)