SDLTM51000 - Procedure: Pre-transaction and post-transaction rulings under Clearances and Approvals 1 (formerly COP10) and non-statutory business clearance (NSBC) regimes general guidance

Requests for advice in relation to SDLT matters. 

Clearances and Approvals 1 (formerly COP10) and the NSBC detail the ways in which HM Revenue & Customs (HMRC) offers information and advice to tax payers to help them to understand their obligations so that they can get their tax affairs right and pay their tax on time. CAP1is for non-business customers whilst NSBC regime is for business customers. ‘Customer’ in this context refers to the purchaser who will be named in the SDLT1.

One of the situations in which we will give advice is on the interpretation of legislation passed in the last four Finance Acts. It is in this situation that CAP1 and NSBC will currently be of most value to those dealing with SDLT.

More information is available on the HMRC website:-

Guidance on CAP1 @ http://www.hmrc.gov.uk/cap/cap1.htm 

Guidance on NSBC @ http://www.hmrc.gov.uk/cap/ 

Customers wishing to use CAP1 or NSBC to obtain information or advice should study the guidance the detail. Amongst other things this sets out the detailed information that needs to accompany a request for advice.

The guidance makes it clear that HMRC will not help with tax planning, or advise on transactions designed to avoid or reduce the tax charge that might otherwise be expected to arise.

Rulings given under CAP1 and NSBC apply only to the specific transaction in question and do not relate to any other transactions even if these might be regarded as similar or even identical.

Requests for guidance under CAP1 and NSBC should be addressed to the Guidance and Technical Team, Birmingham Stamp Office.

See also SDLTM51010 for advice on when to make the request for a ruling.