INTM414330 - Exemptions: Transfer pricing notices

What has been amended, removed, or added in broad terms

The relevant provisions for transfer pricing notices can be found at TIOPA10/S169 to 171.

For chargeable periods beginning on or after 1 January 2026, HMRC may issue a transfer pricing notice under the following provisions:

  • TIOPA10/S148A – participation condition treated as met (see INTM414220)
  • TIOPA10/164A – UK-to-UK exemption (see INTM414320) 
  • TIOPA10/S167A - Small enterprises: exception from exemption (see INTM412070)
  • TIOPA10/S168 - Medium-sized enterprises: exception from exemption (see INTM412070)

With the exception of TIOPA10/S148A, transfer pricing notices may be given only after a notice of enquiry has been given to the relevant person.

The application of TIOPA10/S148A differs to all other transfer pricing notices as it only applies to the chargeable period in which it is given and future chargeable periods, regardless of whether an enquiry is open into that year or prior years.

TIOPA10/S164A applies only to UK-to-UK provisions. The Commissioners for HMRC may issue a transfer pricing notice to avoid a net loss of tax.

In all instances, the taxpayer has the right to appeal against the relevant notice.

Where case teams consider that issuing a transfer pricing notice might be appropriate, they must make a referral to the Business, Assets & International Transfer Pricing Team.