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The Landfill Disposals Tax (Administration) (Wales) Regulations 2018

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Consideration for taxable disposal: allocation of payments

16.—(1) Where—

(a)a claimant receives a payment from a customer for whom a taxable disposal has been made, and

(b)the customer owes a debt to the claimant in respect of the consideration for the disposal,

the payment is normally to be treated as being allocated to that debt.

(2) But where the customer also owes a debt to the claimant in respect of one or more matters (whether or not relating to taxable disposals) other than the consideration for the disposal, the payment is to be treated instead—

(a)as being allocated to the debt that arose earliest; and

(b)if the amount of the payment exceeds that debt, as being subsequently allocated to the other debts in the order of the dates in which they arose.

(3) Where the effect of paragraph (2) is to require a payment (or part of a payment) to be allocated to two or more debts arising on the same day, the amount of payment that is to be treated as being allocated to a particular debt arising on that day is to be calculated in accordance with the following formula—

Allocation =

where—

(a)

“Allocation” is the amount of the allocation;

(b)

TP is the total amount of payment to be allocated under paragraph (2) to the debts arising on that day;

(c)

D is the amount of the particular debt in question;

(d)

TD is the total amount of all of the debts which—

(i)

arose on that day, and

(ii)

are owed by the customer to the claimant.

(4) Where a landfill invoice has been issued in respect of more than one taxable disposal, each debt in respect of the consideration for each disposal is to be treated as arising on the same day (namely, the day after that by which the invoice must be paid); and paragraphs (2) and (3) apply accordingly.

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