Section 267 | Binding effect

(1)An advance tax clearance binds HMRC for a period of 5 years, beginning with the day on which the clearance is given as regards—

(a)the investment project, as described in the clearance, and

(b)the qualifying person or persons specified or described in the clearance only.

(2)But HMRC is not bound so far as—

(a)a change in the law, or

(b)a decision of an appeal court that has become final,

alters how HMRC must decide a question.

(3)In this section, “appeal court” means—

(a)the Upper Tribunal;

(b)the Court of Appeal in England and Wales;

(c)the Court of Session;

(d)the Court of Appeal in Northern Ireland;

(e)the Supreme Court.

(4)For the purposes of this section, a decision of an appeal court is “final” if it is—

(a)a ruling of the Supreme Court, or

(b)a ruling of another appeal court in circumstances where—

(i)no appeal may be made against the ruling,

(ii)if an appeal may be made against the ruling with permission (or, in Northern Ireland, leave), the time limit for applications has expired and either no application has been made or permission (or leave) has been refused,

(iii)if such permission (or leave) to appeal against the ruling has been granted or is not required, no appeal has been made within the time limit for appeals, or

(iv)if an appeal was made, it was abandoned or otherwise disposed of before it was determined by the court or tribunal to which it was addressed.