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HMRC internal manual

International Exchange of Information Manual

HM Revenue & Customs
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Customers for whom information should be exchanged: The DAC

IEIM524200: Customers for whom rulings should be exchanged: the DAC


Under the DAC, all rulings and APAs that meet the definition at IEIM550100 should be exchanged, unless they exclusively concern and involve the tax affairs of one or more natural persons.  The range of non-natural persons is wide, and obviously includes companies.  Partnerships, including LLPs and LPs, are discussed in IEIM524250.

It is important to note that the requirement is to consider the tax affairs of the person to whom the ruling relates, and not to the persons taken into account when reaching a decision about the ruling. 



Mr A, a UK taxpayer, is the 100% shareholder in an overseas company.  Mr A and the overseas company jointly ask for a statutory clearance under ITA07/s107, because Mr A wishes to interpose a new overseas holding company between himself and the original company.  

The statutory clearance sought relates to ITA07/s698, which can only impose a tax charge on individuals.  The clearance that HMRC will provide is therefore in respect of Mr A’s liability to tax.

The statutory clearance is not exchangeable under the DAC because it relates only to the tax affairs of Mr A and does not concern the tax affairs of the company.  This is so, even though when reaching its decision HMRC has taken into account:

  • The re-structuring of the corporate entities
  • That the application was also made on behalf of the company

You may consider spontaneously exchanging the facts pertaining to the restructuring, if this would be foreseeably relevant to another jurisdiction.