Landfill Tax (Scotland) Act 2014 Explanatory Notes

Overview

7.The Act comprises 44 sections and is divided into five parts as follows:

  • PART 1 establishes that the tax is to be called the Scottish Landfill Tax to avoid potential confusion with references to UK Landfill Tax and gives an overview of the tax.

  • PART 2 contains the key concepts underlying the tax, including defining what a taxable disposal is, what disposals are exempt from the tax, how to calculate tax, who is liable to pay tax and when credit is available in relation to tax.

  • PART 3 contains the administrative provisions of the Act, including the registration requirements, accounting periods, recovery of overpaid tax, information provision and requirements for record keeping.

  • PART 4 defines the Tax Authority and establishes how functions may be delegated to SEPA and how directions may be made. It also outlines the rights of appeal.

  • PART 5 of the Act sets out the procedure for a series of subordinate legislation to be made under this Act. This includes:

    • setting the rates of the tax,

    • ability to change the materials taxed (setting qualifying material types),

    • ability to create new material types (due to new technologies or wanting to subdivide existing materials),

    • ability to add or remove exempted material types,

    • ability to change how the tax due is calculated,

    • methodologies for determining weight of material at a site,

    • ability to change credit/rebate qualifications (e.g the removal of material from a site that has already been taxed gets credited to the landfill site operator etc),

    • procedures for overpaid tax,

    • procedures for administering bad debt including bad debt relief (if a landfill operator’s customer becomes insolvent or bankrupt),

    • procedures for writing off bad debts,

    • what information must be on Scottish Landfill Tax invoices.

8.Scottish Landfill Tax is a tax on taxable disposals. A “taxable disposal” is waste material which has been disposed of by way of landfill.

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