Corporation Tax Act 2009 section 833

Decision on application for clearance

Section 833 sets out the time limits for HMRC to decide on a clearance application relating to the transfer of intangible fixed assets as part of a business or trade, and the applicant's right of appeal to the tribunal if the decision is unfavourable or late.

• HMRC must notify the applicant of their decision within 30 days of receiving the clearance application, or within 30 days of the applicant complying with any request for further information
• If HMRC refuse clearance or fail to respond within the required 30-day period, the applicant has 30 days to require HMRC to refer the matter to the tribunal
• A clearance notification issued by the tribunal on referral carries the same effect as if HMRC themselves had granted the clearance
• Any clearance notification — whether from HMRC or the tribunal — is void if the application did not fully and accurately disclose all material facts and considerations