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HMRC internal manual

International Exchange of Information Manual

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HM Revenue & Customs
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Action 5 rulings: With which jurisdictions to exchange

IEIM540300: Action 5 rulings: With which jurisdictions to exchange

 

The requirement is to exchange a summary of the ruling or APA (IEIM570100) with relevant jurisdictions.  These are defined as:

  • The jurisdiction of residence of the ultimate parent company
  • The jurisdiction of residence of the immediate parent company
  • The jurisdiction(s) of residence of all related parties with which the customer enters a transaction (IEIM540400)
  • In the case of a ruling relating to a permanent establishment, the jurisdiction of residence of the head office, or the jurisdiction of the permanent establishment (IEIM541310)

 

The OECD have published a list of the jurisdictions that have adopted Action 5, see http://www.oecd.org/tax/beps/inclusive-framework-on-beps-composition.pdf

If any of the jurisdictions above have not committed to the framework, you should still consider whether the details of the ruling should be exchanged under the relevant international agreement (if there is one), in accordance with our treaty obligations to spontaneously exchange information that is foreseeably relevant (IEIM530000+).

There is guidance at IEIM510300 on the action to take if you do not know the relevant jurisdictions in respect of your ruling.