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OTT Unit


HMRC (and previously HMC&E) have always treated the Option to Tax process and records as tidying the attic - a chore; always for another day.

It has now got to the point where the attic is threatening the whole structure so what’s been their approach? Unfortunately, it seems to be a “seal and contain” mission without the acro props being put in.

From 1 February 2023, HMRC no longer respond to notifications of options to tax submitted to them. If the application is made by email you will get a generic response from the email address. If you make the application by post you will get nothing.

The unit has confirmed this policy applies to an option notified within the 30-day deadline. If the application is a belated notification, they will still issue an acknowledgment letter.

It seems that even if the applications seem incorrect (a recent issue where we are acting for the buyer) there will be no response from HMRC. So, when it comes to a transaction where an option was submitted to HMRC after 01/02/2023, make sure that the evidence retained enables any third party to agree that notification has been correctly made.

This article is from the latest edition of our Agricultural Briefing. To receive future copies of any of our newsletters directly to your inbox, please visit our preference centre to register your interest.

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