INTMUPDATE100119 - International Manual: recent changes

Below are details of the amendments that were published on 19 January 2010 (see the update index for all updates)

Section	Details of update
INTM168022	New page concerning an Anti-avoidance provision (at ICTA88/S798B(4) and (4A)) where there is trade income which would be received by another company as investment income.
INTM433030	This page has been shortened and some of the information which was in it is now in INTM433040 and INTM433050
INTM433040	This is a new page created as a result of the shortening of INTM433030. It contains information on the exposure to penalties as part of the self assessment obligations of a company.
INTM433050	This is a new page created as a result of the shortening of INTM433030. It contains information regarding the OECD guidelines on how a business can attempt to demonstrate an “arms length” result.
INTM434010	Alteration of the guidance to take into account that from 1 April 2008 Transfer Pricing enquiries are subject to the governance rules and there must be the approval of the Transfer Pricing Panel or Board before a Transfer Pricing enquiry can be opened.
INTM434020	This page has been altered to take into account the new Compliance Check Regulations which are in effect from 1 April 2009.
INTM434050	This page has been updated to reflect that from 1 April 2008 a Transfer Pricing enquiry has to be closed in line with the governance procedures and with the permission of the Transfer Pricing Panel or Board.
INTM434060	This page has been amended to take into account the new enquiry time limits which FA08/SCH39 introduces.
INTM434070	There have been changes to this page which reflect the new Tribunal process which has been in place since 1 April 2009.
INTM436010	This update clarifies the expected usage of ICTA88/S770 and it also includes reference to the new Tribunal process.
INTM460180	This page now has a reminder that the governance process must be adhered to when opening and closing an enquiry. The Transfer Pricing Panel or Board should be involved in both instances.
INTM461010	This update contains a reminder that the governance process has to be followed for transfer pricing enquiries.
INTM461020	This page has been altered so that it now contains a reminder to submit a business case to the Transfer Pricing Panel when a transfer pricing enquiry is appropriate. CCM’s and Tax Specialists should contact the Transfer Pricing Group to ensure consistency in the risk assessment process.
INTM461050	There is now a reminder on this page that the tax at risk should be listed in the Stage Gate 1 and that it needs to be kept under review throughout the enquiry.
INTM461200	This update has a reminder that the governance process needs to be used for transfer pricing enquiries.
INTM462010	This page has been rewritten to include mention of the new governance process.
INTM462020	This page is now about Other legislation and issues. This emphasises the need for an Inspector to look at more than just the Transfer Pricing issues when they are working a transfer pricing case.
INTM462030	This page now contains guidance on timetabling the transfer pricing enquiry.
INTM462040	This page is now about working the enquiry and it gives practical advice about what is required to do this.
INTM462050	This update contains information about obtaining transfer pricing reports.
INTM462070	This page outlines how and when it is appropriate to use exchange of information, and how to get the best from the facility.
INTM462080	The updates for this page emphasise the need to follow the governance process when settling a transfer pricing case, including obtaining approval from the Transfer Pricing Panel or Board for the settlement.
INTM462120	The amendment states that the governance process should be followed when considering issuing a penalty to the business in a transfer pricing case.
INTM462130	The update to this page discusses post-settlement issues, including APA’s which are the only way to agree future years with HM Revenue & Customs.
INTM164155	This page has been updated so that it now refers to ICTA88/S799(2A), instead of FA05/S85, with regard to tax deductions for dividends.