Uncertain tax treatment notifications

HMRC has published new guidance which has the force of law under FA 2022 Sch 17 para 8(6) setting out the details that must be included in a notification of an uncertain tax treatment.

HMRC’s Uncertain tax treatment by large businesses manual para UTT15100 previously included a non-exhaustive list of types of information that would be required to ‘help HMRC gain an understanding of the uncertainty’. That wording is now replaced with information that ‘HMRC requires’ to be provided, which includes for each uncertainty:

• whether the notification is being made due to a provision being recognised in the accounts to reflect that a different tax treatment may be applied to the transaction, or the treatment not being in accordance with the way which it is known that HMRC would interpret or apply the law;
• description of the transaction or position that created the uncertainty;
• details of the uncertainty and alternatives to the tax treatment;
• relevant law and HMRC guidance relating to the uncertainty; and
• indication of the amount of tax relating to the uncertainty.

HMRC has also published new guidance Check if you need to notify HMRC about an uncertain tax treatment.