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25 February 2003 / John Conlan
Issue: 3896 / Categories: Forum & Feedback

Don't ask for this clearance!

I read the useful and interesting article in Taxation, 6 February 2003 at pages 428 to 430 by Keith Gordon on section 776, Taxes Act 1988.

Don't ask for this clearance!

I read the useful and interesting article in Taxation 6 February 2003 at pages 428 to 430 by Keith Gordon on section 776 Taxes Act 1988.

The only comment I would make concerns the subsection 11 clearance procedure which was referred to as 'particularly useful'. My experience is quite the opposite in that I have never submitted one and when recently I thought I would all my colleagues and two tax counsel said 'don't even think about it!'. Tax counsel told me that in 25 years he had only ever submitted one 776 clearance application and the Revenue did not even reply to it.

The view seems to be that this is a particularly useless clearance procedure because unlike the others afforded by the tax legislation section 776 does not go to a specialist department but...

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