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Aggregates levy to be reinstated

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On 27 March 2015 the EC gave state aid approval to all of the UK’s aggregates levy exemptions, with the exception of shale aggregate in specific circumstances. These exemptions, which were first introduced in 2002, had been under state aid investigation since August 2013 and were suspended in April 2014.

HMRC has published Revenue and Customs Brief 6/2015: reinstatement of Aggregates Levy exemptions, exclusions and reliefs on the reinstatement of aggregates levy exemptions, and the government has announced that it intends to consult, in summer 2015, on the secondary legislation needed to reinstate the exemptions with retrospective effect from 1 April 2014, with modifications in respect of shale. Businesses must continue to account for the levy on the relevant materials until the reinstatement comes into force.

Following the EC’s announcement, HMRC has also published Revenue and Customs Brief 5/2015: Aggregates Levy tax credits in Northern Ireland on the introduction of a modified aggregates levy credit scheme in Northern Ireland from 1 April 2015. Anyone who paid the levy at the full rate on aggregate that was commercially exploited in Northern Ireland between 1 April 2004 and 30 November 2010 may claim a repayment once the Department of Environment has certified that the originating quarry met the required environmental standards.

The Aggregates Levy (Northern Ireland Special Tax Credit) Regulations 2015, SI 2015/946, were laid before the House of Commons on 27 March 2015 and introduce the modified aggregates levy credit scheme in Northern Ireland from 1 April 2015, following changes made to UK legislation in response to the EC state aid investigation. This will entitle eligible claimants to relief at 80% of the levy paid at the full rate between 1 April 2004 and 30 November 2010. Applications for environmental certification must be submitted by 31 March 2016. Credit claims must be made in writing to HMRC by 31 March 2019.

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