CG45732 | ETMD: anti avoidance provisions: clearance procedure

Companies which are a transferor or a transferee in a transaction to which TCGA 1992 sections 140A, C, E or F might apply can make an application for advance clearance that the transactions which they propose to undertake satisfy both of the tests imposed by the relevant anti avoidance provisions.

The statutory rules for clearance are within TCGA 1992 section 138. The guidance at CG52631 explains those rules as they relate to section 137 but they equally apply to transactions within section 140A - G see sections 140B(3), 140D(3) and 140E(8).