ATCS05560 | Advance Tax Certainty Service: Process: Post-issuance: Factual changes post-issuance

HMRC recognises that with projects of this scale, how the expenditure is incurred may vary over time, especially if projects are phased or a series of linked investments. To ensure a clearance remains valid and reliable, it is important that the applicant keeps the Advance Tax Certainty Team informed of any material changes to facts upon which the clearance opinion and its critical assumption are based.

Where such changes occur, or if there is uncertainty regarding whether a change is considered material, the customer should notify the Advance Tax Certainty Team immediately for further advice and guidance. For example, where an item of expenditure is classified as plant for capital allowances purposes in a clearance, but design changes mean that item is replaced by a different asset with different properties, that change should be reported. If the item of plant remains the same but the quantum changes, that would not be a material change. Failure to inform the Advance Tax Certainty Team of material changes may mean the clearance is no longer valid or cannot be relied upon and can result in a penalty of £5,000.