SolvedHCOTEG33600 | Relevant Law: Revenue Traders (accounts and records) Regulations 1992 (RTR)
From HM Revenue & Customs · Oils Technical Manual
| Section | Section title | Summary and comments |
|---|---|---|
| 2 | Interpretation | Defines the terms used in these Regulations including ‘excise goods’, specifying those documents which are deemed to be records and accounts. |
| 3 | Items and records to be kept and preserved | A Revenue trader who receives, prepares, maintains or issues an item described in Schedule 1 shall keep and preserve the item or a copy |
| 4 | - | A revenue trader shall keep and preserve a record of (1)(a) the production, buying, selling, importation, exportation, dealing in or handling of any excise goods; (b) the goods or services received which allow them to carry out activities above; (c) financing or facilitation of the activity. (2) specifies the records required and (3) that this must contain sufficient information so that it may be traced or cross-referred |
| 5 | - | (1) Revenue traders who are liable to pay duty in an accounting period must keep and preserve an excise duty account; (2) where 2 or more revenue traders are jointly and severally liable to pay duty, one may with the agreement of the others take on his responsibility |
| 6 | - | The Commissioners may specify the records that a Revenue Trader must keep and preserve in a Notice published by them |
| 7 | Timing of recording and period of preservation of items and records | A Revenue trader required to keep or preserve records or an excise duty account shall (a) do so at the time of or as soon as possible after the event that is required by the Regulations, or when this is first known (b) include sufficient information in the excise duty account to enable an officer to ascertain the particulars specified in Regulation 3 |
| 8 | - | Anything required to be preserved by a revenue trader must be preserved for a period of six years or any lesser period the Commissioners may allow |
| 9 | Claims for recovery of overpaid excise duty | Any claim under section 137A of the Customs and Excise Management Act 1979 (CEMA) shall be made in writing, and by reference to documentary evidence in the possession of the claimant, state the amount of the claim and the method by which it was calculated |
| 10 | Interpretation of regulations 10 to 17 | Defines terms used in Regulations 10 to 17 |
| 11 | Reimbursement arrangements - general | Without prejudice to Regulation 17 for the purposes of section 137A of CEMA reimbursement arrangements made by the claimant shall be disregarded except where they (a) include provisions described in Regulation 12, and (b) are supported by undertakings described in Regulation 16 |
| 12 | Reimbursement arrangements - provisions to be included | Details the provisions referred to in Regulation 11(a) |
| 13 | Repayments to the Commissioners | The claimant shall make any repayment to the Commissioners required by Regulation 12(d) and (e) within 14 days of the expiration of the period of 90 days referred to in Regulation 12(a0 |
| 14 | Records | The claimant shall keep records of the names and addresses of those consumers whom they have or intend to reimburse, the total amount to be reimbursed to each, the amount of interest included, and the date that each reimbursement is made |
| 15 | Production of records | (1) Where a claimant is given notice under [2] they shall produce the records they are required to keep to the Commissioners or an Officer; (2) The notice will be in writing, state the place and time and the date at which the records are to be produced, be signed and dated by the Commissioners or an Officer |
| 16 | Undertakings | (1)Without prejudice to Regulation 17, undertakings referred to in Regulation 11(b) shall be given to the Commissioners by the claimant no later than the time they make the claim for which reimbursement arrangements have been made; (2) the undertakings shall be in writing, signed and dated by the claimant, in accordance with the requirements laid in 2(a) to (e) |
| Schedule 1 | Received, prepared, maintained or issued items | Lists the items specified under Regulation 3, and gives Notes of interpretation which apply to these |
| Schedule 2 | Particulars of the excise duty account | Defines the particulars required under Regulation 5 |
| Schedule 3 | Particulars to be readily ascertainable | Lists the particulars which are to be readily ascertainable under Regulation 7 |
| Schedule 4 | - | List those items specified under Regulation 2(2) Schedule 1 |