Part 2

AGGREGATES LEVY

Credits and repayments

Supplemental provisions about repayments etc
32
1
The Commissioners shall not be liable, on any claim for a repayment of aggregates levy, to repay any amount paid to them more than 4 years before the making of the claim.
2
In the case of any claim for a repayment of an amount of aggregates levy other than a claim to a repayment to which a person is entitled by virtue of tax credit regulations, it shall be a defence to that claim that the repayment of that amount would unjustly enrich the claimant.
3
Subsection (4) below applies for the purposes of subsection (2) above where—
a
there is an amount paid by way of aggregates levy which (apart from subsection (2) above) would fall to be the subject of a repayment of aggregates levy to any person (“the taxpayer”); and
b
the whole or a part of the cost of the payment of that amount to the Commissioners has, for practical purposes, been borne by a person other than the taxpayer.
4
Where, in a case to which this subsection applies, loss or damage has been or may be incurred by the taxpayer as a result of mistaken assumptions made in his case about the operation of any provisions relating to aggregates levy, that loss or damage shall be disregarded, except to the extent of the quantified amount, in the making of any determination as to—
a
whether or to what extent the repayment of an amount to the taxpayer would enrich him; or
b
whether or to what extent any enrichment of the taxpayer would be unjust.
5
In subsection (4) above “the quantified amount” means the amount (if any) which is shown by the taxpayer to constitute the amount that would appropriately compensate him for loss or damage shown by him to have resulted, for any business carried on by him, from the making of the mistaken assumptions.
6
The reference in subsection (4) above to provisions relating to aggregates levy is a reference to any provisions of—
a
any enactment or subordinate legislation (whether or not still in force) which relates to that levy or to any matter connected with it; or
b
any notice published by the Commissioners under or for the purposes of any enactment or subordinate legislation relating to aggregates levy.
7
Schedule 8 to this Act (which contains further provision about payments and repayments by the Commissioners and about the setting off of amounts due to or from the Commissioners under this Part and the setting of other amounts against such amounts) shall have effect.
S. 32 extended (1.4.2002) by S.I. 2002/761, reg. 15(5)
S. 32(2) modified (1.4.2002) by S.I. 2002/761, reg. 21
Words in s. 32(1) substituted (1.4.2010) by Finance Act 2009 (c. 10), s. 99(2), Sch. 51 para. 28; S.I. 2010/867, art. 2(1) (with art. 8)