Shorter process
The overseas lending company can apply to HMRC for a ‘passport’, using form DTTP1. This can be available for any loans, intra-group or external, so it could apply to a treasury company resident in a treaty jurisdiction. Once the company’s application has been approved and the passport granted by HMRC, the holder will be entered on a publicly-available register with a unique ‘DTTP’ number. The register is available on the HMRC website.
The register can be consulted by a prospective UK borrower and if it enters into a loan agreement, the lender can notify the borrower of its Treaty Passport status and ‘DTTP number’.
The borrower must then notify HMRC within 30 days of the loan, using form DTTP2, giving details of the passport holder involved, the terms of the loan, the borrower’s contact details and the name and reference number of its tax office.
Loan documentation is not required in connection with a passport loan notification, but HMRC may request details of the loan, if it deems it necessary.
It is on this basis that the DTTP passport can be used, even where the lender and borrower are connected parties.
This system makes the process quicker and easier, but HMRC does reserve the right to decline an application for a passport or to refuse to apply it to a particular loan. In this situation, the lender and borrower will still have the certified claim process available to them to fall back on.