IEIM541010 - Action 5 rulings: Types of ruling to exchange: Overview

IEIM541010: Action 5 rulings: Types of ruling to exchange: Overview

Action 5 limits the rulings to be exchanged to five situations. Of the five, there are only three where HMRC may provide a ruling.

»Ê¹ÚÌåÓýapp five situations are:

  1. Rulings related to preferential regimes (IEIM541100)
  2. Cross-border unilateral APAs, (APAs), including advance thin capitalisation agreements, (ATCAs) (IEIM541200)
  3. Permanent establishment rulings (IEIM541300):
  • Whether an entity has a permanent establishment, either inside or outside the jurisdiction giving the ruling
  • Providing for the attribution of profit
  1. Conduit rulings
  2. Downward adjustment rulings

»Ê¹ÚÌåÓýapp final two are not applicable to UK taxation, so you will not come across them except as exchanges received from other jurisdictions (IEIM541400 and IEIM580500).

»Ê¹ÚÌåÓýappre is a sixth item on the list, which is essentially a placeholder for future types of ruling that are agreed at the OECD to represent a base erosion and profit shifting risk if not exchanged.