The Landfill Tax (Miscellaneous Provisions) Regulations 2018

Amendments to the Landfill Tax Regulations 1996

6.  After regulation 6, insert—

“Registration: taxable activities at places other than a landfill site

6A.— (1) This regulation applies to taxable disposals of material—

(a) at a place other than a landfill site; or

(b) where it is not known whether the place of disposal is a landfill site at the time that any matter falls for consideration by the Commissioners under this regulation.

(2) Subject to paragraph (3), the Commissioners may not register a person (“P”) who carries out taxable activities at a place other than a landfill site.

(3) Where it is not known whether a place is a landfill site, the Commissioners may register P on a provisional basis, subject to the conditions prescribed in paragraph (4).

(4) The conditions referred to in paragraph (3) are that—

(a) the Commissioners may require security under paragraph 31 of Schedule 5 to the Act from P during the period of provisional registration as if the site were a place other than a landfill site;

(b) the Commissioners may require P to preserve records in accordance with regulations 16 and 16ZZA;

(c) any period of provisional registration shall end—

(i) when it is agreed or finally determined that a place is a place other than a landfill site;

(ii) if the Commissioners are provided by P with any information that is or becomes inaccurate; or

(iii) if P fails to account for any tax, make any returns, pay any tax, provide any security required by the Commissioners, or preserve any records required by them to be preserved;

(d) in circumstances where a period of provisional registration ends under sub-paragraph (c), the Commissioners may determine that P shall be treated as if P had never been registered;

(e) if it is agreed or finally determined that a place is a landfill site, P must be registered with effect from the time that P began taxable activities.

(5) In paragraph (4)—

(a) “agreed” means agreed between P and the Commissioners; and

(b) “finally determined” means that—

(i) an environmental regulator has determined whether a place is a place other than a landfill site and any dispute as to that determination has been resolved by agreement or otherwise finally concluded; or

(ii) an appeal under section 55(1)(a) of the Act brought by P against a decision by the Commissioners to decline to register them on the ground contained in paragraph (3) has been finally determined.”.