United Kingdom: introduction of Plastic Packaging Tax from April 2022

On 4 October 2021, the United Kingdom (UK) tax authorities, Her Majesty’s Revenue and Customs (HMRC) issued updated Guidance for businesses about how they should prepare for complying with the new Plastic Packaging Tax.

This new tax, which will take effect from 1 April 2022, will apply to plastic packaging manufactured in, or imported into the UK, that does not contain at least 30% recycled plastic. Plastic packaging is packaging that is predominantly plastic by weight. The rate of the tax will be £200 per metric tonne of plastic packaging.

It will not apply to any plastic packaging which contains at least 30% recycled plastic, or any packaging which is not predominantly plastic by weight.

Imported plastic packaging will be liable to the tax, whether the packaging is unfilled or filled.

Who is likely to be affected

This new measure will affect UK manufacturers of plastic packaging, importers of plastic packaging, business customers of manufacturers and importers of plastic packaging, and consumers who buy plastic packaging or goods in plastic packaging in the UK. Please note there will be an exemption for manufacturers and importers of less than 10 tonnes of plastic packaging per year.

Policy objective

The aim of the tax is to provide a clear economic incentive for businesses to use recycled plastic in the manufacture of plastic packaging, which will create greater demand for this material. In turn this will stimulate increased levels of recycling and collection of plastic waste, diverting it away from landfill or incineration.

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UK: VAT on early termination fees and compensation payments

UK’s HMRC adapts its view on the VAT treatment of early termination fees and compensation payments. Previous HMRC guidance said when customers are charged to withdraw from agreements to receive goods or services, these charges were not generally for a supply and were outside the scope of VAT. But following the recent judgments of the European Court of Justice in Meo (C-295/17) and Vodafone Portugal (C-43/19), it is evident for HMRC that such charges are normally considered as being for the supply of goods or services for which the customer has been contracted for. As a result, according to HMRC, most early termination and cancellation fees are therefore liable for VAT. This is the case even if they are described as compensation or damages. Any taxable person that has failed to account for VAT to HMRC on such fees should correct the error. Any taxable person that has had a specific ruling from HMRC saying that such fees are outside the scope of VAT should account for VAT on such fees received after the issue of this Revenue and Customs Brief (2 September 2020). Feel free to contact us for any questions.

VAT Update UK: changes to VAT 2020

The UK government announces the following VAT changes, presenting the budget 2020:
  • VAT on e-publications – The Government will introduce legislation to apply a zero rate of VAT to e-publications from 1 December 2020, to make it clear that e-books, e-newspapers, e-magazines and academic e-journals are entitled to the same VAT treatment as their physical counterparts.
  • VAT Postponed Accounting – From 1 January 2021 postponed accounting for VAT will apply to all imports of goods, including from the EU. This will provide an important boost to those VAT registered UK businesses which are integrated in international supply chains as they adapt to the UK’s position as an independent trading nation.
  • Abolition of tampon tax – From 1 January 2021 the government will use freedom from EU law to enable a zero rate of VAT to be charged on women’s sanitary products.
  • Long-term passengers’ policy consultation – The government is publishing a consultation alongside Budget to gather views on the potential approach to duty- and tax-free goods policy after the transition period following the UK’s departure from the EU.
  • Long-term cross-border goods policy – The government will launch an informal consultation over spring 2020 on the VAT and excise treatment of goods crossing UK borders after the EU exit transition period.
  • VAT on fund management – As announced on 4 March 202099 the government is legislating to clarify when fund management services are exempt from VAT.
  • VAT on financial services – The government will set up an industry working group to review how financial services are treated for VAT purposes.
  • VAT Quick Fixes Directive – The government will introduce legislation to introduce simplified rules for the VAT treatment of intra-EU movements of call-off stock, allowing businesses to delay accounting for VAT until the goods are called-off. The legislation will apply to goods which are removed from a Member State on or after 1 January 2020 (sic).
  • VAT Partial Exemption – Following the recent call for evidence on the simplification of the VAT rules on Partial Exemption and the Capital Goods Scheme,100 the government will continue to engage with stakeholders in relation to their responses and will publish a response in due course.
Source: www.gov.uk