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CLAUSE 25:  RETURNS AND PAYMENTS OF LEVY

SUMMARY

1.         This clause enables the Commissioners of Custom and Excise to make regulations with respect to returns and payment of aggregates levy and sets out, in broad terms, the rules and conditions which the regulations may prescribe.

DETAILS OF THE CLAUSE

2.         Subsection (1) provides the regulation making power to cover accounting periods, form, frequency and manner of returns and requirements surrounding payments, e.g. due date for payment.

3.         Subsection (2) provides that regulations may also contain provisions, amongst others, for levy falling due in one accounting period to be  treated as due for a different period; for the correction of errors made when accounting for levy; for entries to be made in accounts  and  financial adjustments to be made in that connection.

4.         Subsection (3) provides that failure to comply with regulations relating to  the  rendering of returns and making payments on time, may result in a penalty of £250.

5.         Subsection (4) provides that  liability to such a penalty shall not  arise if the person satisfies the Commissioners (or an appeal tribunal) that there was a reasonable excuse for the failure.

6.         Subsection (5) provides that if as a result of such a failure a person is convicted of an offence or assessed to a penalty for evasion, then that person will not also be subject to a penalty under subsection (3).

7.         Subsection (6) provides that the reference to a person who is required to be registered includes a reference to a person who would be so required, but for any exemption from registration.