Statutory Instruments
2003 No. 605
LANDFILL TAX
The Landfill Tax (Amendment) Regulations 2003
Made
10th March 2003
Laid before the House of Commons
10th March 2003
Coming into force
1st April 2003
The Commissioners of Customs and Excise, in exercise of the powers conferred upon them by sections 51(1) and 53(1) of the Finance Act 1996 ( 1 ), and of all other powers enabling them in that behalf, hereby make the following regulations:
1. These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2003 and come into force on 1st April 2003.
2. The Landfill Tax Regulations 1996 ( 2 ) are amended as follows.
3. In regulation 31—
(a) in paragraph (3) for “20” substitute “6.5”;
(b) for paragraph (4) substitute—
“ (4) For the purpose of paragraphs (2) and (3) the contribution year of a person is his first contribution year and then each period of 12 months beginning on 1st April. ” ;
(c) for paragraph (5) substitute—
“ (5) The reference in paragraph (4) to the first contribution year of a person is a reference to the period beginning with his effective date of registration and ending on the day immediately preceding the first day of the next contribution year. ” ;
(d) for paragraphs (6) and (6A) substitute—
“ (6) Where one contribution year ends and another contribution year begins in an accounting period, the amount of any qualifying contribution which, by virtue of paragraph (2), is treated as made in that period shall be apportioned, in accordance with paragraph (6A), between those contribution years.
(6A) The apportionment shall be on the basis of either—
(a) the number of days of the accounting period that fall before 1st April and the number of days that fall on and after that day; or
(b) the amount of tax charged on taxable disposals made in the accounting period before 1st April and the amount of tax charged on taxable disposals made in that period on and after that day,
whichever the registered person may choose. ” .
(e) omit paragraphs (6B) to (6E).
4. In regulation 33 omit paragraphs (2)(c), (2)(cc) and (5).
5. Any contribution year of a person that commenced before 1st April 2003 and, but for these Regulations, would end after that day shall end when these Regulations come into force.
6. Nothing in these Regulations affects a qualifying contribution that was made, or treated as made, before the coming into force of these Regulations.
M J ELAND
Commissioner of Customs and Excise
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
10 March 2003
1996 c. 8 ; section 71(2) provides that any power to make regulations under Part III of the Act shall be exercisable by the Commissioners and section 70(1) defines “the Commissioners” as meaning the Commissioners of Customs and Excise.
S.I. 1996/1527 ; relevant amending instruments are S.I.1999/3270 , 2002/1 .