The Aggregates Levy (Northern Ireland Tax Credit) Regulations 2002

PART II TAX CREDITS, ENTITLEMENT, RECORDS ETC

Northern Ireland tax credit: entitlement

3.—(1) This regulation applies to a person who on or after 1st April 2002 and before 1st April 2007 has commercially exploited taxable aggregate in Northern Ireland and has accounted for the AL chargeable on that commercial exploitation.

(2) Such a person is entitled to a tax credit in respect of any AL accounted for in respect of that commercial exploitation where the taxable aggregate in question is used for any of the following purposes:

(a) to make concrete (whether pre-cast, ready mixed or prepared on site);

(b) to make mortar (whether pre-mixed or prepared on site); or

(c) to make asphalt (whether pre-mixed or prepared on site).

(3) This regulation supplements the provisions of Part III of the AL General Regulations (accounting, payment, records, tax credits, repayments, set-off etc).

(4) For the purposes of subsection (6) of section 17 of the Act, all the processes listed in paragraph (2) above are prescribed for the purposes of that subsection.

Tax credits: additional records

4.  A registrable person who makes a claim under these Regulations is obliged to keep the following records in addition to those required under Part III of the AL General Regulations:

(a) a record to be known as the “aggregates levy Northern Ireland tax credit account”; and

(b) documentary evidence regarding any claim by him for a tax credit under regulation 3 including, as appropriate, evidence of the purpose for which the aggregate is used and, in each case, regarding any relevant surrounding circumstances.

Tax credits: general

5.—(1) A tax credit shall only arise under regulation 3 if a claim is made by a person so entitled acting in accordance with regulation 15 or 16 of the AL General Regulations as the case requires.

(2) A person shall not be entitled to make such a claim unless he is in possession of the records required by regulation 4.