The legal requirements for the application and its processing are that the clearance application:
HMRC then has 30 days from the receipt of the application to either:
Once any further information is received, then the clock starts
again, and HMRC has thirty days to respond either to issue a
further information notice, or notify their decision to the
applicant. If the applicant does not supply any requested
information within thirty days, then HMRC need not proceed further
on the application.
If HMRC notify the applicant that they are not able to give the required clearance, or fail to respond within the thirty day time limit advising the applicant of their decision (assuming no information is outstanding), then the applicant has a further thirty days to ask for the matter to be referred to the tribunal. In effect, their decision then stands in place of any decision by HMRC.
If any particulars furnished in accordance with FA02/SCH29/PARA88 do not fully and accurately disclose all facts and considerations material for the decision of the HMRC, or the tribunal, any resulting notification of their decision is void.