Corporation Tax Act 2010 section 1093

Requirements relating to applications for clearance

Section 1093 sets out the procedural requirements for making advance clearance applications in relation to demerger distributions and payments, including time limits that apply to both HMRC and the applicant company.

• Applications for advance clearance under sections 1091 or 1092 must be made in writing and must include particulars of the relevant transactions.
• HMRC may issue a notice requiring the applicant to supply further particulars to help them reach their decision.
• HMRC must request any further particulars within 30 days of receiving either the original application or any previously requested additional information.
• If the applicant fails to comply with a request for further particulars within 30 days (or a longer period allowed by HMRC), HMRC are not obliged to continue processing the application.