Taxation (International and Other Provisions) Act 2010 section 226

Annulment of agreement for misrepresentation

Section 226 allows HMRC to nullify an advance pricing agreement where the other party provided false or misleading information fraudulently or negligently before the agreement was entered into.

• HMRC can annul an advance pricing agreement if the other party provided false or misleading information, either fraudulently or negligently, before the agreement was made.
• The false or misleading information must have been provided to HMRC before the agreement was purportedly entered into.
• HMRC must notify the other party that the agreement is being nullified on the grounds of misrepresentation.
• Once nullified, the advance pricing agreement is treated as though it had never been made.