© Crown copyright 2018
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: email@example.com.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/excise-notice-179-motor-and-heating-fuels-general-information-and-accounting-for-excise-duty-and-vat/excise-notice-179-motor-and-heating-fuels-general-information-and-accounting-for-excise-duty-and-vat
1.1 What this notice is about
This notice provides guidance on the requirements and obligations that apply to warehousekeepers of motor and heating fuels in the UK. It also provides guidance on the accounting for Excise Duty and VAT charged upon these fuels in the UK. There are separate notices devoted to other related subjects (see paragraph 1.6).
1.2 What has changed?
This edition of the notice provides updated guidance on the HO10 monthly return, following its redesign and the addition of new tax types. We have made minor changes throughout the notice for clarification only.
1.3 Who should read this notice?
Producers and warehousekeepers of motor and heating fuels should read this notice. It also provides guidance on the accounting for Excise Duty and VAT charged on these fuels in the UK.
Operators of motor and heating fuel warehouses should also read Notice 196: excise goods - registration and approval of warehousekeepers, warehouse premises, owners of goods and registered consignors and Notice 197 receipt into and removal from an excise warehouse of excise goods.
1.4 What is the law?
|Customs and Excise Management Act 1979 (referred to in this notice as CEMA)|
|Hydrocarbon Oil Duties Act 1979 (referred to in this notice as HODA)|
|Value Added Tax Act 1994 (referred to in this notice as VATA)|
|The Commissioners for Revenue and Customs Act 2005 (CRCA)|
|Hydrocarbon Oil Regulations 1973 (Statutory Instrument 1973/1311) (referred to in this notice as HOR)|
|Hydrocarbon Oil (Mixing of Oils) Regulations 1985 (Statutory Instrument 1985/1450)|
|Excise Duties (Deferred Payment) Regulations (Statutory Instrument 1992/3152)|
|Revenue Traders (Accounts and Records) Regulations (Statutory Instrument 1992/3150) (referred to in this notice as RTR)|
|Excise Goods (Drawback) Regulations 1995 (Statutory Instrument 1995/1046)|
|The Hydrocarbon Oil (Marking) Regulations 2002 (Statutory Instrument 2002/1773)|
|The Excise Warehouse (Energy Product) Regulations 2004 (Statutory Instrument 2004/2064)|
|Excise Warehousing etc Regulations 1988 (Statutory Instrument 1988/809)|
|Warehousekeepers and Owners of Warehoused Goods Regulations 1999 (Statutory Instrument 1999/1278) (referred to in this notice as WOWGR)|
|Hydrocarbon Oil (Marking) Regulations 2002 (referred to in this Notice as HOMR) (SI 2002/1773)|
|Biofuels and Other Fuel Substitutes (Payment of Excise etc) Regulations 2004 (SI 2004/2065)|
|The Hydrocarbon Oil Duties (Reliefs for Electricity Generation) Regulations 2005 (SI 2005/3320)|
|The Hydrocarbon Oil (Supply of Rebated Heavy Oil) (Payment of Rebate) Regulations 2008 (SI 2008/2600)|
|The Hydrocarbon Oil and Bioblend (Private Pleasure-flying and Private Pleasure Craft) (Payment of Rebate etc) Regulations 2008 (SI 2008/2599)|
|The Excise Goods (Holding, Movement and Duty Point) Regulations 2010 (SI 2010/593)|
All references to primary and secondary legislation are references to that legislation, as amended, at the date on which this notice was published.
Changes to primary legislation are normally made in the annual Finance Act.
This notice explains how we interpret the law, and is not a substitute for the law. Where appropriate, we will quote the law and we will use the titles and abbreviations used above.
Parts of this notice may have the force of law. These are identified at the relevant places in the notice.
The legislation relating to VAT can be found in the VAT Act 1994 and orders and regulations made under that Act.
1.5 What about Customs Duty?
Certain imported oil is also liable to Customs Duty at the rates shown in the Customs and Excise Tariff, Volume 2. Notice 171: Hydrocarbon Oils - Customs Duty covers the extra procedures involved and Notice 232: customs warehousing covers customs warehousing arrangements.
1.6 Are there any other notices about motor and heating fuels?
Yes. There are a number of notices about oils and other fuels.
- 75 - Fuel for road vehicles
- 76 - Excise Duty on gas for use as fuel in road vehicles
- 171 - Hydrocarbon oils: Customs Duty
- 172 - Excise Duty: drawback - ships’ and aircraft stores
- 175 - Motor and heating fuels: relief from Excise Duty: oils used to generate electricity
- 179A - Mineral (Hydrocarbon) Oils: Avtur
- 179E - Biofuels and other fuel substitutes
- 183 - Repayment of Excise Duty on heavy oil used by growers of horticultural produce
- 184A - Mineral (Hydrocarbon) Oil put to certain uses: Excise Duty Relief
- 184B - Rebate of duty on light oil used as furnace fuel
- 192 - Registered dealers in controlled oil
- 197 - Excise goods: holding and movement
- 263 - Marine voyages - Excise Duty Relief for mineral (hydrocarbon) oil
- 554 - Fuel used in private pleasure craft and for private pleasure-flying
Other notices that you may find useful include:
- 101 - Deferring VAT, duty, and other charges
- 196 - Authorisation of warehousekeepers, approval of premises
- 197 - Receipt into and removal from an excise warehouse
- 203A - Registered consignees
- 204A - Temporary registered consignees
- 206 - Revenue traders records
- 207 - Excise Duty drawback
- 208 - Excise assessments
- 209 - Civil penalties: fixed, geared and daily
- 700 - The VAT guide
- 701/19 - VAT: fuel and power
- 702/10 - VAT: tax warehousing
- 989 - Visits by HM Revenue and Customs (HMRC) officers
- CCL1 - General guide to Climate Change Levy
2.1 What is liable to Excise Duty?
All motor and heating fuel, whether imported or home produced, whether of hydrocarbon origin or not, is liable to Excise Duty at either the full or rebated rates specified by HODA. These rates are normally amended each year by the Finance Act. See the current and historic rates of duty.
Note: you’re responsible for ensuring that you use current rates of duty when calculating your Excise Duty liability.
2.2 What does the term ‘rebated’ mean?
HODA specifies full rates of Excise Duty on different types of oil. It also defines where rebates of duty are allowed in certain circumstances. The effect of applying a rebate to a full rate of duty is to create a lower rate of duty. For example, HODA section 6(1A) specifies a full rate of duty for various types of oil, including heavy oil. Section 11 then specifies the rebates available for heavy oil.
Eligibility for a rebate on some oils may depend on the addition of a marker (and in the case of gas oil, a dye) either before importation, delivery from duty suspended warehouse or delivery from remote marking premises (see section 8 of this notice for further information on marking).
The use of rebated oil as fuel in a road vehicle (other than certain excepted vehicles) or taking rebated oil into such vehicles as fuel is prohibited. In exceptional circumstances we may allow road vehicles to use rebated fuel, but you must obtain our prior authority and pay an amount equal to the current rate of rebate. Please see Notice 75: fuel for road vehicles for further details.
2.3 When is Excise Duty chargeable?
Oil becomes liable to Excise Duty either when it is:
- produced in the UK and delivered for home use from relevant premises (section 6(1) HODA)
2.4 Methods of testing motor and heating fuels
Hydrocarbon oil is defined in HODA section 1. In order to determine whether a product is a hydrocarbon oil, there are various tests which can be applied. Appendix B sets out the methods of testing or determining:
- whether any substances are solid or semi-solid at a temperature of 15°C
- the distillation characteristics of oil
We may make particular directions in relation to hydrocarbon substances or oils for which the standard methods of testing are inappropriate (HODA section 2(1)).
Biodiesel and bioblend are defined in HODA sections 2AA and 2AB. HODA section 6AC applies many provisions within HODA and regulations deriving from HODA to apply to biodiesel and bioblend.
2.5 Reliefs from duty payment
2.5.1 Use of motor and heating fuel in duty suspended installations without payment of Excise Duty
Motor and heating fuel may be used without payment of Excise Duty in connection with the production and refining of oil, in premises entered and used for such production (see section 3).
2.5.2 Delivery of oil without payment of Excise Duty
Oil delivered for home use for certain industrial purposes is relieved of duty. These oils are known as ‘Tied Oils’. See Notice 184A: Mineral (Hydrocarbon) Oil put to certain use: Excise Duty Relief.
Warehousekeepers and producers may deliver motor and heating fuel without payment of Excise Duty to other premises approved to warehouse such products under the conditions set out in section 7. Other circumstances in which oil can be delivered without payment of duty are as follows:
- where the motor and heating fuel is an unfinished product or a finished product intended as a process product (including oil to produce a new product or special oil product, such as industrial oils, solvents, and so on), fuel for approved use in boilers at producer’s premises may also be removed under duty suspension
- ‘excess’ production may be removed to another producer’s premises or approved warehouse for storage - it must then be returned to the despatching producer’s premises, delivered for export or removed under duty suspension to other premises approved to receive such product in the particular circumstances - it must not be diverted direct to home use
- oil removed once or twice a year from one producer’s premises to another as a volume adjustment transfer under exchange partner arrangements may be removed under duty suspension (see paragraph 7.3)
- for exportation or shipment as foreign-going ships’ or aircraft stores
- for use by a general lighthouse authority
- for use by United States or other NATO forces (not including UK forces) for official purposes
- for use, if heavy oil, on board vessels, including a hovercraft but not pleasure craft, engaged on marine voyages
- sludge or waste oil, for destruction or dumping
2.5.3 Producers’ premises and warehouse samples
Samples of fuel may be delivered without payment of both customs and excise duties from producers’ premises or a warehouse, provided that the total quantity of any one type of oil does not exceed 25 litres in each delivery.
For samples delivered without payment of duty for testing as required by the Ministry of Defence, the Department for Business, Energy and Industrial Strategy (BEIS) (formerly Department for Business, Innovation and Skills and before that, the Department of Trade and Industry) and/or the United States Air Force, the maximum limit is increased to 30 litres for gas oil and 60 litres for aviation fuel.
All samples delivered without payment of duty must be legitimate trade samples.
The warehousekeeper must maintain a record of such samples. Samples drawn for testing on the premises need not be included in this record.
See Notice 171 Hydrocarbon Oils: Customs Duty for reliefs from Customs Duty.
2.6 General responsibilities of revenue traders
2.6.1 What are my responsibilities?
As a revenue trader you are responsible for ensuring that:
- motor and heating fuel is properly accounted for when received into, stored in or delivered from a duty suspended installation
- you keep accounts of the motor and heating fuel stored there, and secure against illicit removal of product stored under duty suspension
- duty is either declared/paid on motor and heating fuel on delivery for home use, or is relieved (for example, tied oil)
- records are kept of all relevant operations
- approved plant is marked conspicuously before use with the distinguishing marks and numbers stated in the approval, and that containers of motor and heating fuel are marked in accordance with our directions
The approval of any process, plant, vessel or measuring equipment does not affect the responsibility of any person to comply with any other legal requirements relating to health and safety, accuracy of measurement or other matters.
Approved persons are responsible for accurately accounting for fuel received for marking at, or delivered under a marking waiver from, remote marking premises.
The warehousekeeper, the owner of the fuel or any person who has given security for duty may have to pay the duty on any deficiency, which cannot be shown to be due to natural waste or other legitimate cause (see section 14). In these circumstances VAT may also be due (see paragraph 15.11).
2.6.3 Provision of facilities
Warehousekeepers and motor and heating fuel producers, or the approved person at remote marking premises, must provide such measuring appliances, gauges, calibration and conversion tables and provide such facilities and assistance as we may require for examining, sampling or taking account of any product. (HOR Reg 46)
2.6.4 Production of records
Any person concerned with the supply or use of motor and heating fuel must, at all reasonable times, produce to HMRC on demand all relevant books and other documents. (HOR Reg 48)
Each importer, warehousekeeper, motor and heating fuel producer or person approved for remote marking of fuel under the duty deferment arrangements must keep the accounts, records and documents specified in this notice at the premises to which they relate and produce them to HMRC on demand. See also Notice 206: revenue traders’ records. (RTR Reg 6)
For details of record-keeping requirements for biofuel producers, please see Notice 179e: biofuels and other fuel substitutes.
2.7 Physical security at duty suspended and remote marking premises
Duty suspended oil installations and remote marking premises are controlled by their occupiers without our continuous supervision. Appropriate control must be exercised over product, persons and vehicles, etc entering and leaving such premises.
Warehousekeepers and motor and heating fuel producers must be able to demonstrate to HMRC that they have in place procedures that make sure:
- safe custody of duty suspended motor and heating fuel in their charge
- all persons employed at, or using, duty suspended installations are aware that the installation may contain motor and heating fuel on which duty has not been paid
- all persons understand that any unauthorised removal of duty suspended product, or action which avoids the proper charge of duty, is a revenue offence
Details of appropriate warning notices are shown at Appendix C.
2.8 Officers’ powers
HMRC officers may:
- enter and inspect any entered or approved premises and any vehicle on those premises
- examine, test, sample and take account of any fuel on the premises or in or on any vehicle at the premises (HOR Reg 47)
- require the production of all records relating to oil on a vehicle or relating to the sale, purchase or disposal of any oil handled or dealt with at the premises - they may take extracts from any accounts or books relating to oil at a warehouse, remote marking premises, fuel producer’s premises or a central accounting office (see also Notice 206: revenue traders’ records (HOR Reg 48 and CEMA section 118B)
- require the production of records from any third party relating to the sale, purchase or disposal of any oil handled or dealt with by someone currently under investigation (CEMA section 118BA)
2.9 Health and safety
2.9.1 General health and safety provisions
Revenue traders responsible for the provision and maintenance of premises, plant and equipment must make sure that the working conditions are safe and free from risk to the health and safety of our staff on these premises.
You must comply with any requirement about health and safety laid down by any statute or competent authority, including display of proper warning notices and directions as to action to be taken by all persons to maintain safety. If safety standards are not adequate we may withhold or withdraw approval.
Where HMRC officers are likely to undertake activities, which would require the wearing of protective clothing and equipment if performed by your employees, you must provide similar items for their use.
If you hold staff training courses in safety matters, we would welcome arrangements for our staff to participate.
Also if you arrange regular health surveillance for your employees to guard against any possible harmful effects from hazardous products stored at installations you must inform us in writing as we would need to set up similar arrangements for our own staff.
2.9.2 Safe access to tanks, loading gantries, and so on
You must provide safe access and safe working conditions for our staff to witness dips or make other checks for revenue purposes. We expect you to comply with the recommendations of the Energy Institute (formerly the Institute of Petroleum) as to the construction of tanks and equipment, but draw your attention to the following particular requirements:
- access to the tops of tanks or to gantries should be by sloping or circular stairway, adequately strutted to prevent sway
- the steps or stairways, platforms or landings should be horizontal with non-slip surfaces
- hand-railing to tank roofs, stairways and gangways must be of solid steel sections and designed to protect personnel from falling - where the lowest rail is more than 0.25m above the walking level, the space below this rail must be protected by rigid wire netting or metal plates
- where access to dip a tank is provided by a gangway from the top of an adjacent tank, more than one external stairway to a group of tanks and more than one way to and from the top of each tank must be provided
- safe walking surfaces should be provided at all dipping and sampling point
- on floating roof tanks, the arrangements must be such that each tank can be dipped without descending on to the floating roof
Normally, it is sufficient if access complying with the above standards is provided to the main dipping point on each tank.
3. Approval and entry of duty suspended installations
3.1 Why do motor and heating fuel duty suspended installations have to be approved or entered?
- provide for effective revenue control of the receipt, storage, and processing of motor and heating fuels
- facilitate the accounting for and collection of duty and tax due from motor and heating fuel producers, warehousekeepers and owners of that fuel
- provide for the proper movement of motor and heating fuel under duty suspension to and from producers and warehouses
3.2 Where can I get advice about the approval of import and export facilities?
Advice can be obtained from the Helpline on Telephone: 0300 200 3700.
Approvals of excise warehouses are administered by the National Registration Unit (NRU). However, ‘entry’ for ‘ fuel producers premises should be made on forms Ex103/A (as appropriate) and are dealt with by the Mineral Oil Reliefs Centre (MORC) in Newcastle.
The NRU (for excise warehousing approvals only) address is:
National Registration Unit
21 India Street
Approvals of wharves for landing excise goods are dealt with by the National Approval Unit (NAU) in Birmingham. They are responsible for the processing and maintenance of all approvals. All new applications and any changes to existing approvals should be sent to the NAU at the following address:
National Approval Unit
1st Floor Admin Block
Birmingham International Airport
Telephone: 0121 781 7853 / 7856 / 7861
Fax: 0121 781 7869
You should also note the following general points:
- fuel imported or exported by ship may only be discharged or loaded at an approved wharf (CEMA s20)
- fuel may not be imported (or moved prior to HMRC clearance) or exported by a pipeline, which has not been approved (CEMA s24)
- approved warehouse storage must be provided at the terminal of an import pipeline
- in the case of crude oil or gas imported by pipeline, approval (such as Class A or B approval) is usually necessary for on-shore plant stabilising crude oil and plant separating condensate from gas
3.3 What are the categories of duty suspended fuel installations?
There are 2 categories, these are:
3.3.1 Fuel producers’ premises
Classification of activities in a fuel producer’s premises.
For convenience, we classify activities in a producer’s premises as follows. Note: both classes of activity may be conducted in the same premises:
- class A activities: production (including refining) of descriptions of fuel for which a motor and heating fuel warehouse is not required, see paragraph 3.3.2, subject to the provisos set out in paragraph 3.7.3
- class B activities: production (including refining) of descriptions of fuel for which a motor and heating fuel warehouse is required as set out in paragraph 3.7.3
The ‘oil producer’ (now ‘fuel producer’) category of trader existed before policy changes aimed at harmonising UK and EU terminology. Traders whose activities fell under this category before the change were typically those who operated:
- on-shore oil wells (and whose ‘production’ activities consisted only of recovering crude oil from the ground)
- terminals where gas from offshore fields was brought ashore (and where ‘gas condensate’ was removed from the gas stream)
- premises where the production of fuel was incidental to the main business activity
The legal definition of ‘production of oil’ includes obtaining oil from any substance or natural source, obtaining one description of oil from another and subjecting oil to any process of purification or blending (HODA s2 (4)). Obtaining oil from any substance or natural source covers all activities concerned with the refining of oil.
All activities surrounding the refining and production of oil must be conducted at ‘entered’ fuel producer’s premises. For example, producers may obtain oil from any natural source (for example, from an oil well or shale) or from any non-oil source (for example, coal). They may refine, purify, blend and carry out any other process on oil.
We do not ‘approve’ producer’s premises. Instead all producers must ‘make entry’ of their premises under the provisions of HOR 3(1) and CEMA 108. No production of fuel can take place before entry is made of the premises and all the buildings and plant that are to be used in the production. Details of the procedure for making an entry are given below in paragraph 3.7.2.
Additionally, class B producers must provide approved warehouse storage under the provisions of HOR 3(3). This means that for particular categories of fuel part of the entered premises must be approved by HMRC as an excise warehouse. Following production the specified fuel should be warehoused there before it is delivered or removed.
The making ‘entry of premises’ provisions (CEMA 1979 section 108, and Regulation 3 of the HOR) support the status of producers’ premises as ‘premises used for the production of hydrocarbon oil’. This permits oil to be stored under duty suspension at these premises. Since 1 October 1999 the warehousekeepers of such premises have also had to be approved and registered in accordance with the Warehousekeepers and Owners of Warehoused Goods Regulations 1999 (WOWGR).
3.3.2 Motor and heating fuel warehouses
Before you receive, store or deliver motor and heating fuel upon which the duty has not been paid, you must obtain approval of your premises as an excise warehouse in accordance with CEMA s92. Any person wishing to operate such an excise warehouse must first apply for approval of the site and for registration as an authorised warehousekeeper (WOWGR).
This category of duty suspended installation includes warehouses required at class B producer’s premises, plus import, export, LPG, and intermediate storage warehouses.
The law restricts the activities that can be conducted in an excise warehouse to the ‘deposit, keeping and securing’ of goods without payment of Excise Duty (CEMA 92(1)).
We refer to revenue traders who operate such warehouses as ‘authorised warehousekeepers’. Further details can be found in paragraph 3.8.
Despite the fact that fuel can be legally stored under duty suspension at producers’ premises, we also require the provision of an approved warehouse for the storage of certain fuels to reflect the revenue risk associated with them. We do not require a warehouse to be provided for the storage of low risk oils such as crude oils and gas condensate at premises used for the production of such oils. However, at producers’ premises, which are refineries (and which therefore may receive such products as feedstock) it will usually be convenient to incorporate tankage for the storage of such feedstocks into the same warehouse approval, which covers the finished product storage.
3.4 What is a tax warehouse?
The term ‘tax warehouse’ is defined in the Excise Goods (Holding, Movement and Duty Points) Regulations 2010 and Article 4(11) of Council Directive 2008/118/EC and are premises where excise goods are produced, processed, held, received or dispatched under duty suspension arrangements by an authorised warehousekeeper. Under Article 16(1) of the Directive the opening and operation of a tax warehouse has to be authorised.
As a warehousekeeper or fuel producer your premises will be approved as a tax warehouse, and you or your company will be approved as an authorised warehousekeeper. This approval does not alter or extend the range of activities that you are permitted to undertake at your premises.
Note: the general procedures applying to tax warehouses are contained in Notice 196: excise goods - registration and approval of warehousekeepers, warehouse premises, owners of goods and registered consignors.
3.5 Is there a need to provide security for the duty?
Financial security is usually required for all premises. The approval process will determine the level of security required. Securities should be provided in the form of guarantees by banks, insurance companies or other financial institutions. More information about premises guarantees can be found in Notice 196: authorisation of warehousekeepers.
3.6 Motor and heating fuel producers’ premises
Some processes which are considered to be fuel production can only be performed at premises approved by HMRC. We call these premises ‘relevant premises’. The definition for Excise Duty purposes of the terms ‘refining’ and ‘production’ are shown at Appendix D.
Before any production of fuel can begin, the premises, plant and places to be used for that production must be ‘entered’ with HMRC (HOR 3 (1) and CEMA s108). See paragraph 3.7.2 for more information.
3.6.2 What is the procedure for ‘making entry’ of a fuel producer’s premises?
The forms to be used are:
These forms and advice on their completion can be obtained from our website or from MORC at Newcastle. You should also contact MORC if you receive an exploration licence, appraisal licence, or development licence from the Department for Business, Energy and Industrial Strategy (BEIS) (formerly, the Department of Energy and Climate Change (DECC)) in order to discuss the need for an excise entry.
You will not need to make entry if you are already approved as a tied oil user, repayment user, or a furnace operator, and production is in the course of using fuel under the terms of your authorisation.
You will need to make entry of your production premises if you process waste heavy oil. We will not regard basic filtration or gravity separation (without heat, vibration, or application of any other form of energy, or addition of chemicals) as fuel production, and if you only carry out these processes you will not need to enter your premises, but you will still be required to pay Excise Duty if any waste-derived heavy oil is put to a fuel use. See paragraph 11.8.
3.6.3 Excise warehousing of fuel at a fuel producer’s premises
In addition to making entry of premises, we may require you to provide a warehouse for certain descriptions of fuel (HOR regulation 3(3)). These include:
- light oil
- unmarked gas oil
- unmarked kerosene
- other heavy oil for use as road fuel
- any description of oil received without payment of duty, or under duty suspension, direct from import ship
- any other oil, which does not need further refining before being put to dutiable use
- biofuels, including biodiesel and bioethanol
- aqua methanol
Further advice on the situations in which we will require a warehouse can be obtained from HMRC.
3.6.4 Premises used to treat fuel previously delivered to home use
You don’t need to make entry of premises used for:
- operations which do not go beyond the recovery of the original duty paid fuel, and don’t change its duty or rebate category
- re-processing fuel, which remains the property of a tied oil user or a repayment user, to whom all of the fuel produced is returned
You may be required to make entry of premises used for the following purposes:
- re-processing, re-refining or other treatment of fuel which has previously been delivered to home use without relief from Excise Duty
- recovering fuels from articles in whose manufacture or preparation fuel was used with relief from duty (for example, electrical apparatus or compound solvents)
- fractionating or cracking of Excise Duty paid fuel which results either in an increase in its volume or in a change in its entitlement to rebate
- where kerosene, gas fuel or other heavy oil for use as road fuel, or any light oil is produced from rebated fuel
- where dutiable fuel, which was previously delivered without payment of Excise Duty, is recovered from any goods, vessels or place, except where fuel is recovered on behalf of an individual or class user to whom the fuel is delivered for re-use - such re-processing remains on the account of the approved user
We will also consider applications from existing producers to extend their activities to include the recovery of waste fuel. Contact the helpline on Telephone: 0300 200 3700 for advice.
3.6.5 Excise entry - details required
Class A: the entry may be limited to a general description of the plant and vessels to be used for the production, processing, and storage of the fuel.
Class B: the entry should contain a description of the plant and vessels used in the production and processing of the fuel. The entry should identify all buildings and places (including a laboratory) in which duty suspended fuel is handled.
If, however, production is a by-product of a manufacturing process (that is, it is not the primary purpose of the plant), the entry may be limited to such plant as contains fuel liable to Excise Duty.
The entry should not contain details of the marks or numbers of storage vessels forming the warehouse, as these will be included in a separate warehouse approval document.
3.6.6 Amendment to excise entries
You should notify us of minor changes to an entry (for example, an alteration to plant, addition of new plant, or withdrawal of some plant from use) by letter to MORC.
You must submit a fresh entry where a significant change in the plant or the operation takes place (for example, a major extension, a major change in the plant or the addition of a new process), or where there is a change in ownership of the business.
Note that MORC duties will be transferred elsewhere, and when they are this notice will be updated.
3.6.7 Action when production ceases permanently
You should notify the NRU. We will not withdraw an entry while any fuel liable to Excise Duty remains on any part of the entered premises. If you cease operations as a producer, you must continue to keep revenue accounts until the duty suspended stocks are exhausted or until the duty has been paid.
3.7 Motor and heating fuels warehouses
We approve as ‘excise warehouses’ installations which receive and store motor and heating fuel products on which the charge to Excise Duty has been suspended (CEMA s92). Any person wishing to operate such an excise warehouse must first apply for approval of the site and registration as an authorised warehousekeeper (WOWGR).
3.7.2 Policy on the approval of motor and heating fuels warehouses
We don’t grant approval for distribution warehouses.
Except where the warehouse is adjoining a producer’s premises, we do not usually approve installations with less than 1 million litres storage capacity. Also we don’t usually approve installations intended to be for the exclusive use of the applicant or an associated company. We may refuse an application for registration as an authorised warehousekeeper. If your application is refused we will offer you a review and tell you about your rights of appeal.
If you disagree with the decision, you may either accept the review offer or appeal to the independent tribunal. If you accept the review offer, but don’t agree with the review conclusion you will still be able to appeal to the independent tribunal. See more information on HMRC’s review and appeal procedures.
3.7.3 What is the procedure for approval?
You should apply to the NRU (see contact details below) in good time to allow us to consider your application before the warehouse is required for use. We provide official forms EX70 and EX71 for your use, when making application for approval of the warehouse, but we will accept initial applications by letter provided that all the required details are given.
It’s in your own interest to seek approval early in the planning stages so that our requirements can be taken into account. You should also note the following:
- you cannot legally use new plant for revenue purposes without our approval
- you should make early application for approval of new plant or major alterations requiring amendment or extension of an existing approval
- we will take into account security provisions, especially for meters and marking of fuel, when we consider applications for approval (HOR Reg 9)
Application for registration as an authorised warehousekeeper under WOWGR should be made on form EX61 (before any duty suspended fuel is deposited in the warehouse) and be returned to:
National Registration Unit
21 India Street
or contact the Excise and Customs helpline on Telephone: 0300 200 3700.
Warning: fuel deposited in a warehouse which is not approved by HMRC, or which is occupied by a person not registered as an authorised warehousekeeper, is immediately liable to duty (WOWGR Reg 20(1)).
3.7.4 What are the terms and conditions of warehouse approval?
Any approval will contain specific limitations. It will cover the warehousing of specified descriptions of fuel, the purpose for which approval is granted and permitted activities.
The approval may specify any special features where it is necessary to fix a physical duty point, for example:
- a boundary valve which fixes the limits of the approval if there is a connection to other premises
- if a line is not approved for the whole of its length
- whether the flange is to be included
- any special restrictions or directions to which the approval and operations are subject
You must provide our staff with facilities for full examination of all connections within the limits of the approval.
All warehouse approvals will be subject to the conditions at Appendix E.
The approval letter will refer to these conditions, and will contain details of any variations to the conditions (including any additional conditions) agreed by HMRC and the installation operator to cater for local circumstances.
The letter will also contain details of any restrictions.
We may impose additional conditions where we consider it necessary (CEMA s92). We may also revoke or vary the terms of approval of any excise warehouse if we believe there to be reasonable cause (CEMA s92 (7)).
Where convenient, approval to mark fuel or any other facility referred to in this notice, may be included in the warehouse approval together with any relevant conditions.
We will grant approval separately if it is required under other legal provisions (for example, of wharf facilities for general customs requirements, or the warehousing of goods other than fuel).
In addition the grant of an approval may be restricted to the warehousing of:
- specified descriptions of fuel
- fuel received from specified traders, specified premises or specified categories of traders or premises
- fuel for particular purposes
- heavy oil other than road fuel
This fuel should be stored in approved tankage prior to their delivery into home use. This will be at the fully rebated rate for deliveries as aviation turbine fuel (Avtur) for aircraft engines.
Deliveries to approved furnace operators
Delivery may be made from a duty suspended tank to a furnace by a closed line under a marking waiver so long as a satisfactory account of the fuel delivered is maintained.
Tied oil users/tied oil distributors/repayment users
If approval under one of these categories is granted, the vessels and stocks of fuel covered by the approval must be entirely separate from the vessels and stocks of a warehouse or producer’s premises. However, permanent line connections between vessels of the different categories can be allowed. The approval must clearly identify in writing both the boundary point (for example, a valve) on any connecting line.
Shore tanks used to store marine fuel
If a shore tank is to receive marine fuel under duty suspension, it must be approved in its own right as an excise warehouse under the terms of paragraph 3.8.3.
Shore tanks unable to meet this criteria should only receive duty paid stock. If the intention is for the tank to be used in the supply of fuel for marine voyages, then it may be eligible as a location for ‘netting’ arrangements. Details can be found in section 12.
If you are a fuel producer or distributor and you expect, or are experiencing, a serious fuel shortage. We will only grant requests for a duty concession where the shortage is the result of an accident or unforeseen event, we will not grant concessions during the stopping or slowing-down of production as a result of the maintenance or upgrading of your facilities, or during industrial disputes. There should be emergency plans in place by your business to allow supplies to continue in those situations.
In addition to the conditions that are laid down in the approval letter, HMRC may from time to time give directions under CEMA 92 (5) as to the goods which may or may not be deposited in any particular warehouse or class of warehouse, and as to the part of any warehouse in which any class or description of goods may be kept or secured. Such directions might include:
- specified descriptions of fuel are to be stored only in specified places or vessels
- fuel returned to warehouse after delivery, if off-loaded, is to be deposited in specified vessels and retained until HMRC authorises its removal
- blending of fuel of different descriptions or blending of additive substances with fuel is to be performed only in specified plant
3.7.5 Issue of approval
We will grant approval by letter and we will provide a schedule of the vessels and places that are approved. The NRU will issue a certificate of registration to each authorised warehousekeeper at his principal place of business.
3.7.6 Temporary conversion of duty suspended tankage to duty paid status (temporary debonding)
If a warehousekeeper wishes to use storage capacity designated for holding duty suspended fuel temporarily to hold duty paid fuel, they must apply in writing giving full reasons for the request, and specifying how tanks will be isolated.
HMRC must be satisfied that the request arises from a genuine trade need and is not Budget forestalling, see paragraph 3.12. If we agree to the request, permission will be granted in writing specifying that the terms of Notice 179: motor and heating fuels - general information and accounting for Excise Duty and VAT are adhered to and that duty is paid on any fuel contained in the tanks and pipework to be debonded before any duty paid fuel is introduced.
Where temporary debonding takes place the approval schedule need not be altered, but the warehousekeeper will be required to keep a record showing any tanks which have been temporarily converted to duty paid status listing the dates of change.
3.7.7 Withdrawal of warehouse approvals
If you no longer require warehouse approval, for example, if the warehouse no longer stores motor or heating fuels, or if you cease trading, you should advise the NRU.
Where appropriate, you should give details of your proposals for disposing of any remaining duty suspended oils, including any residual stock such as tank bottoms. You should also advise the NRU if changes to your business affect the approval conditions of the warehouse (for example, less than 1 million litres’ storage capacity in regular duty suspended use).
In such cases, the NRU will advise you whether the approval is to continue, and will give you 3 months notice in writing of the effective date of the withdrawal of the approval (CEMA s98).
3.7.8 Revocation of registration as an authorised warehousekeeper
We may revoke your registration with reasonable cause (see Notice 197: receipt into and removal from an excise warehouse of excise goods for details) as an authorised warehousekeeper at any time, by writing to you.
If we revoke your registration we will offer you a review and tell you about your right of appeal. If you disagree with the decision, you may either accept the review offer or appeal to the independent tribunal. If you accept the review offer, but do not agree with the review conclusion you will still be able to appeal to the independent tribunal. See more information on HMRC review and appeal procedures.
Duty suspended fuel which remains in any warehouse listed in a registration which is revoked becomes liable to duty immediately, but we may give permission for the fuel to remain duty suspended in that site for up to one month. After that time any duty suspended fuel would become liable to forfeiture (WOWGR Reg 22) whether or not any action had been taken by you in accordance with our guidance. From 1 April 2009 the review and appeals procedures changed. For further information, see disagree with a tax decision or factsheet HMRC 1 HMRC decisions - what to do if you disagree.
3.8 Warehousing of motor and heating fuel
Motor and heating fuel may only be placed in an excise warehouse as required by HMRC, or in order to facilitate a trade need. Warehouse approvals are granted to permit specified fuels to be held in duty suspension for a specific purpose.
The purpose and nature of a motor and heating fuel warehouse will be defined in the approval letter issued by the NRU. The following paragraphs describe the recognised revenue and trade need for which an approval may be allowed.
3.8.1 Motor and heating fuel production
This facility is always, physically, associated with production premises and, as required by HMRC, is an area set aside within producers’ premises to store oil produced by them. We don’t require a minimum storage capacity for this type of warehouse. Fuel may be delivered to home use on payment of duty. It may also be delivered without payment of duty for exportation, shipment as stores or for removal to the Isle of Man. Certain fuels may also be delivered under duty suspension to a warehouse approved to receive them under terms and conditions stated in that warehouse’s approval.
A warehouse may be approved to receive motor and heating fuel by direct import from both EU and non-EU sources. It must be able to provide a minimum of 1 million litres’ storage capacity dedicated to imported fuel. It may also be approved to provide long term strategic stock. It will not be allowed to receive fuel under duty suspension from a UK producer’s premises or another UK duty suspended warehouse.
Fuel may be delivered to home use on payment of duty. It may also be delivered without payment of duty for exportation, for shipment as stores, or for removal to the Isle of Man. Certain fuels may also be delivered under duty suspension to a warehouse approved to receive them under terms and conditions stated in that warehouse’s approval.
The purpose of this facility is to store oil for exportation (including the bunkering of ships), for shipment as stores, or for removal to the Isle of Man. Fuel may be imported direct, or received from UK duty suspended locations. Fuel may not be removed on payment of duty for home use except in limited circumstances. The warehouse approval will state those products which may be received under duty suspension and held prior to export. Only those products stated on the approval may be consigned to the warehouse under duty suspension.
Duty paid deliveries from export warehouses
The purpose of an export warehouse is to provide for the storage of fuel without payment of duty prior to removal from the UK. Therefore, we only allow a limited provision for removal of fuel to home use on payment of duty. In any 12-month period, duty paid removals to home use must not exceed 5% of the warehouse’s total deliveries for the same period.
Duty paid deliveries from export warehouses exceeding 5% but not 20%
Where deliveries to home use exceed 5%, no deliveries to home use from duty suspended stocks are permitted. However, a facility may be given partial duty suspended approval if it is established that at least 80% of the deliveries are for export to EU member states or third countries. Fuel for export may continue to be received on a duty suspended basis. Fuel to be used for meeting the home use demand must be duty paid prior to delivery to the facility. We may allow common storage of duty suspended and duty paid stocks (see paragraphs 3.10 and 3.11).
Where deliveries to home use in any 12-month period exceed 20% of the warehouse’s total deliveries for the same period, approval as an export warehouse would no longer be appropriate.
If fuel is exported from duty paid stock the duty may be reclaimed subject to compliance with the drawback procedures, see Notice 207: Excise Duty drawback. Alternatively, duty-deferred payers may choose to reclaim duty using the netting procedures detailed at section 12.
3.8.4 Floating storage for bunkering ships
To facilitate the delivery of fuel to eligible vessels, without payment of duty, the tanks of floating craft may form part of an existing export facility (referred to as a ‘base’ warehouse).
The approved craft must have either:
- a permanent mooring, from which it may move only to bunker vessels in the immediate facility of that mooring
- freedom to move within a port or estuary or to undertake coastal voyages
In either case the craft must be operated by the proprietor of the base warehouse or by an associated or subsidiary company of the proprietor, and must be adjacent to and controlled directly from the base warehouse.
The capacities of the approved craft tanks will be included in the capacity of the base warehouse.
Fuel supplied to such craft from other excise warehouses is in all cases to be accounted for as a duty suspended removal to the base warehouse. Fuel supplied from such craft on behalf of another duty suspended installation at which the shipment is accounted for must be treated as a constructive removal to the other installation. Further advice on constructive removals can be found at paragraph 7.3.3.
If you wish to apply for the approval of floating storage, you should write to the NRU, giving the information listed at Appendix F. The conditions we attach to such approvals are also listed at that section.
Any floating craft which is not approved as part of the base warehouse is not allowed to receive duty free product.
3.8.5 Special energy products
Special energy products (SEPs) are defined as:
a. petroleum gas
b. animal fat set aside for use as a motor fuel or heating fuel
c. vegetable fat set aside for use as a motor fuel or heating fuel
d. non-synthetic methanol set aside for use as motor fuel or heating fuel
f. a mixture of 2 or more substances specified in paragraphs a. to e.
g. aqua methanol
In the UK, SEPs, unlike hydrocarbon oil, are not liable to Excise Duty unless set aside for use as road fuel or, in some cases, fuel for any engine. For this reason, separate legislation has been introduced to provide a mechanism for warehousing such products and facilitate movements to/from the EU. This is contained in the Excise Warehousing (Energy Products) Regulations 2004 (EWEPR) and Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc) Regulations 2004 (BOFSR).
SEPs which are subject to the intra-EU movement provisions must be deposited in an excise warehouse when received in the UK under these provisions. Similarly, intra-EU movements from the UK under duty suspension must originate from a tax warehouse.
More details of the EU movement provisions can be found in Notice 197: receipt into and removal from an excise warehouse of excise goods.
In order to extend the same facility to SEP’s from the following sources:
- EU receipts which are not subject to the movement provisions
- imports from third countries
- home production
the regulations provide for placing SEPs in an excise warehouse on a voluntary basis.
Motor and heating fuel warehouses (excise warehouses) may be approved for either compulsory warehousing (that is, for intra-EU movements) or for voluntary warehousing, or both.
In instances where an excise warehouse holds SEPs that are warehoused (compulsory or voluntary) and not warehoused (for example, ‘innocent goods’ such as imported or UK produced LPG which has not been voluntarily warehoused), the warehouse approval must include provision for common storage which requires that the stock accounting system is capable of distinguishing between warehoused (duty suspended) and innocent goods. More details on common storage can be found at paragraph 4.7 of Notice 196: excise goods - registration and approval of warehousekeepers, warehouse premises, owners of goods and registered consignors.
Once warehoused, SEPs are treated as products subject to Excise Duty under HODA until they are delivered from the warehouse. At this point the actual duty liability will be determined according to the use for which they are delivered. Unless the use is a chargeable one there will be no liability to Excise Duty on delivery; VAT must however be accounted for as appropriate (see section 15).
SEPs may only be delivered in the UK under duty suspension arrangements as follows:
- where they are to be used as feedstock in the production premises of suitably approved recipients
- to an export warehouse for removal from the UK
Any losses of SEPs, storage or transit, within the duty suspended environment are subject to Excise Duty in the same way as hydrocarbon oil.
3.8.6 Other trade needs
We may grant full or partial duty suspended facilities in the following circumstances:
a. warehouses used to store excess refinery production
Fuel must not be diverted direct to home use from such installations
b. Ministry Of Defence (MOD) (Navy) fuel depots
These installations may be approved as warehouses. They may also then:
- receive duty suspended fuel from another UK tax warehouse or refinery, if it is intended for Navy use
- move duty suspended fuel between themselves and other similarly approved MOD (Navy) tax warehouses, if it is intended for Navy use only
c. warehouses storing US Air Force (USAF)-owned fuel
Installations storing USAF-owned fuel may be approved as warehouses.
d. BEIS compulsory stock obligations
Companies may be subject to Compulsory Stockholding Obligations (CSO) as set by BEIS (formerly DECC). In these situations, a proprietor must be able to prove fuel stocks are held at an installation for more than 30 days specifically to meet the company’s stockholding obligation. Where this is the case, we may approve the premises for this purpose.
In applying for duty suspended status, the proposed warehousekeeper must:
- produce documentary evidence of their CSO, such as the obligation letter from BEIS
- be able to demonstrate that this requirement is being met, and that fuel stocks are actually being held at the installation for more than 30 days
Where these criteria are met, we will consider approving the holding of duty suspended stock in that quantity by which the total stockholding at an installation exceeds 30 days.
e. specialised product warehouses
We may approve as warehouses those places used for storing solvents, fuel additives, industrial oils, and oil feedstock (for example, oil intended for a process of chemical conversion to a non-oil).
Applications will only be considered if approval under the terms of the tied oil scheme (see Notice 184A: mineral oil put to certain use - Excise Duty Relief) doesn’t fulfil the trade need. For example, an approval may be granted if a duty point would otherwise be created.
f. pipeline warehouses
We may approve as warehouses pipelines carrying duty suspended oil between separately approved installations (see paragraph 9.13).
3.9 Duty suspended approval and common storage
Only those tanks dedicated to the storage of duty suspended fuels will be approved. Although complete segregation of duty paid and suspended stock is usually required, where a warehousekeeper can demonstrate that this is operationally impractical, we may allow common storage of fuel of the same description. Provided you comply with the following accounting requirements you may adopt the form and method of keeping common stock accounts which best suits your accounting and operating procedures. You must:
- maintain stock accounts to account for the duty due on any fuel held in duty suspension
- keep either a separate stock account for each consignment received, or a continuing account for all fuel of the same description
- balance your stock accounts monthly against the physical stock or whenever required to do so by HMRC
- calculate physical losses or gains in storage by balancing the total account and calculate the percentage loss or gain by reference to that total - you should then apportion the loss or gain between duty suspended and duty paid oils - more information is given at Appendix G
In conformity with our long-standing policy on temporary debonding (see paragraph 3.11) this facility is not to be used to forestall duty increases. The duty suspended element within a common storage tank may not be converted to duty paid status. Physical delivery of product from common storage to home use is required before such product assumes duty paid status (see paragraph 3.11).
3.10 Temporary conversion duty suspended tankage to duty paid status
Occasionally, you may wish to use duty suspended tankage to store duty paid oils. You must obtain our prior approval to do this. We only allow this where there is a genuine trade need. In such cases the following conditions are applied:
- remaining duty suspended capacity must not fall below 1 million litres
- all connections between duty suspended and temporarily duty paid storage and pipework must be disconnected or sealed off securely
- a suitable record should be maintained of the temporarily duty paid storage (but the approved schedule need not be altered)
Note: that we will not permit this facility if there is a possibility of attempted Budget forestalling (see paragraph 3.11).
You must first contact HMRC to discuss any such planned change.
3.11 What is Budget forestalling?
We define Budget forestalling as ‘the clearing of goods before the Budget for consumption afterwards, with the intention of avoiding any subsequent duty increase’.
Provided that you comply with the requirements of:
- the law
- this notice and others in the fuel duty series
- Notice 203A: registered consignees
you should not be in breach of our requirements.
We will not actively facilitate forestalling under any circumstances.
You should note the following points:
- the duty suspended element within a common storage tank may not be converted to duty paid without a physical movement from the tank to home use
- we will not permit temporary change from duty suspended to duty paid storage in order to facilitate forestalling
In the period leading up to a Budget, we will not allow any increase in the number of tanks, or the total storage capacity, for which common storage approval has been given, unless it can be demonstrated to our satisfaction that there is a genuine trade need.
Tanks which already have approval for common storage may be used to store duty paid oil from all sources, but you must make sure that such tanks continue to store duty suspended oils at all times, otherwise the approval will lapse.
4. Measurement of fuel
4.1 What are revenue traders responsible for?
Revenue traders who take account of fuel for revenue purposes are responsible for:
- the accuracy of that account and the continuing accuracy of all measuring equipment used
- ensuring that the measurement equipment is secure, and is not improperly manipulated or tampered with
- complying with any direction from HMRC as to the method of measurement or the calibration or conversion tables to be used to determine the quantity of fuel in a particular instance
Note: the accuracy of a measuring instrument or system is defined by its comparison with a reference standard traceable to national standards or against a result using a reference instrument procedure. The degree of uncertainty of a measuring instrument, or system, applied for HMRC purposes doesn’t include the uncertainty of the reference device itself.
In the absence of specific guidance in this section you should generally follow the recommendations of competent authorities (for example, the Energy Institute (formerly the Institute of Petroleum) (see paragraph 4.6).
We do not formally approve meters or automatic tank level gauges. We restrict our mandatory measurement requirements to a statement of an accuracy requirement for each form of measurement as outlined below at paragraph 4.10.
4.2 What is the unit of quantity?
All accounts of the volume of fuel must be determined or calculated in metric units. The quantity of fuel received, stored, used or delivered is generally to be assessed in litres at 15°C, that is, the volume that the fuel would occupy if its temperature were 15°C. It should also be assessed at a pressure of 1.01325 bar, that is, the volume that the fuel would occupy if its temperature were 15°C under atmospheric pressure at sea level. There are exceptions to this general rule (see paragraphs 4.4 and 4.5 for further details).
For details about the measurement of road fuel gases, such as Liquefied Petroleum Gas (LPG), please see Notice 76: Excise Duty on gas for use as fuel in road vehicles.
4.3 What is ‘Standard Temperature Accounting’?
The unit of quantity for Excise Duty purposes is ‘litres at 15°C’ as required by the EU Directive on the harmonisation of the structures of excise duties on fuels (Council Directive 92/81/EEC). ‘Litres at 15°C’ are referred to as ‘standard litres’ and the measurement and conversion process is referred to as Standard Temperature Accounting (STA).
An HMRC and oil industry working group has produced guidelines for the operation of STA by best practicable means.
The guidelines specify acceptable procedures for converting ‘bulk litres’ (that is, the volume of fuel at the temperature at which the volumetric measurement was made) to ‘standard litres’. They also specify instances where conversion of bulk litres to standard litres is not required (see Appendix H).
You may also find it useful to obtain a copy of document HM38 User Guidelines for Standard Temperature Accounting from the Energy Institute (see paragraph 4.6.1 for contact details).
4.4 How are ‘bulk’ litres converted to ‘standard’ litres?
The information needed to convert bulk to standard litres comprises the bulk litre figure, the temperature of the product and the density of the product. By using the conversion procedures specified at paragraph 4 of Appendix H, it is then possible to convert bulk litres to standard.
4.5 Is it necessary to apply a pressure correction factor to bulk litres for fuel STA purposes?
Although there is no legal requirement for Excise Duty purposes that measured volumes are corrected for the effect of pressure, they should be corrected if the line pressure is greater than 5 bar, to maintain accuracy.
4.6 The Energy Institute ‘Recommended Measurement Practice’ document HM39 (formerly PMP no7)
To assist revenue traders in meeting our measurement accuracy requirements, the Energy Institute has published document HM39. A guide to recommended measurement practice for compliance with Notice 179: motor and heating fuels - general information and accounting for Excise Duty and VAT.
Enquiries concerning the paper should be directed to:
The Energy Institute
61 New Cavendish Street
4.6.2 Status of HM39
The paper contains recommended guidance for complying with the requirements of this notice.
Note: where our mandatory requirements are reproduced in HM39 they appear in bold type. This is to differentiate between recommended practice and mandatory requirements.
Although the ‘recommended practice’ in the paper is not mandatory, we strongly recommend that you follow it.
4.7 How must I measure quantities of fuel received, delivered and used in stock?
You must measure the fuel by the most accurate means available at the duty suspended site. These will normally be:
- gauging a calibrated storage tank
- reading an automatic tank level gauge
- reading a volumetric meter
- dipping or ullaging rail tank wagons
We support and encourage the use of volumetric meters and automatic level gauges for revenue accounting purposes when they provide better security, reliability and accuracy than any other method. Indeed, in some circumstances the use of meters is compulsory.
You must discuss with HMRC beforehand any proposal to take revenue account by:
- calculation of volume from the weight and density of oil (such proposals must give adequate protection against irregularity)
- dipping craft (you must be able to demonstrate to HMRC that no other method of measurement is practical)
We specify minimum acceptable levels of accuracy for various types of measurement. You must comply with these accuracy requirements (see paragraph 4.10).
Equipment must be properly maintained and calibrated in order to meet at all times the specified minimum accuracy requirements for the type of measurement to which it is applied. Records should be kept of maintenance and calibration work.
For STA purposes, (see paragraph 4.3) we accept the conversion of bulk litre measurements to standard litres by ‘best practicable means’.
4.7.1 Meters - general
You must use volumetric meters for the revenue accounting of all light and heavy oil (marked or unmarked) delivered out of duty suspended installations into road tank wagons. Specialised vehicles at airports used solely for the refuelling of aircraft are not regarded as road tank wagons for the purpose of this notice.
HMRC may authorise exemptions from this requirement where, for example, meters would add little to revenue security, or to accuracy in accounting.
4.7.2 Types of volumetric meter that may be used for revenue accounting.
We accept the use of positive displacement and turbine meters for revenue accounting.
We will also consider applications for the use of other meters such as mass meters (Coriolis, Ultrasound) but we will need assurance that such meters are able to meet our mandatory accuracy requirements.
Our preference is for meters that automatically correct measured volume to standard temperature conditions. However, the use of such equipment is not mandatory. Even where the use of meters is mandatory, we do not insist that automatic correction is carried out.
4.7.3 Automatic tank level gauges (ALGs), sometimes referred to as automatic tank gauges (ATGs), used for revenue accounting must be properly installed, tested and adjusted as recommended by the Energy Institute. You should:
a. make sure that the equipment on each tank is:
- properly installed and set up to give readings which can be related to those in the relevant calibration tables and to make sure that any temperature measuring equipment associated with the gauge gives accurate readings
- maintained in a reliable and accurate condition
- periodically tested against the results of manual gauging and, if necessary, independent temperature assessment
b. make arrangements for determining the depth of water bottoms in any tank to which the equipment is fitted:
c. keep a record available for inspection by HMRC on request, showing:
- the serial or identifying numbers of the equipment fitted to each tank, and any subsequent changes
- the results of the test carried out under a. and of any resulting adjustments
- details of the dates of servicing, maintenance inspections and adjustments carried out on each gauge and the outcome
4.8 Must I advise you of the method and equipment I am using to measure product for revenue purposes?
Yes. We use this information to assess the revenue we perceive to be at risk at each installation. We may also require you to notify us of certain changes or modifications to that equipment. You will not need to notify us routinely of minor changes. You should agree with HMRC the:
- format in which information is to be supplied
- details required, including the type of changes to be notified
4.9 Must I provide calibration tables?
If as a warehousekeeper, producer or remote marking trader you take account by level measurement you must provide calibration tables for the storage vessel(s) concerned.
Vessels must be calibrated and tables prepared by a competent person in accordance with the recommendations of the Energy Institute. The quantities in bulk litres must be determinable at every 2 millimetres of depth.
4.9.2 Floating roof tanks
In addition to complying with paragraph 4.8.1 above, tables for floating roof tanks must state the liquid depths at which the roof comes to rest firmly on its legs and at which it floats freely. They should include directions for reducing the tabulated quantity to allow for the displacement of oil by the roof when it is floating.
4.10 What are your accuracy requirements?
You are responsible for the calibration and continuing accuracy of measuring equipment used to raise revenue accounts. You must comply with the following accuracy requirements (these requirements are referred to in the Energy Institute good practice document as HMRCs mandatory requirements).
Note: that the following are minimum acceptable accuracy requirements. If your measuring equipment is capable of a better standard of accuracy that better standard should be applied.
In addition to HMRC requirements for individual meters (see paragraph 4.2 below), the overall system Maximum Permitted Error (MPE) must be no more than +0.30%. This applies to all devices required to ensure correct measurement of standard volume.
4.10.2 Volumetric meters
The MPE of a meter used for revenue accounting (under its rated operating conditions) shall not exceed at any time for:
- unheated oils (±0.20%)
- heated oils (±0.20%)
‘Heated oil’ means heavy oil having a temperature exceeding 15°C and shown to the satisfaction of HMRC to be artificially heated.
‘Artificially heated’ oils are those, which have been heated from an external source, such as steam heating coils, during storage or delivery, to facilitate handling. The temperature of these oils is normally kept substantially above 15°C. Oils which have not been intentionally heated subsequent to a production process, for example, in a refinery, but which may retain some residual heat from that process, are not regarded as being ‘artificially heated’.
The accuracy of an ALG used for revenue accounting, over the working range in which it is installed must be within ±8mm of a measurement made by reference manual gauging. Again, under the provisions of the Measurement Instruments Directive, we have agreed that for all equipment installed after 30 October 2006, this accuracy level will be ±5mm.
ALGs/ATGs are used to measure the depth of fuel in tanks. Technical information on the various types of ALG is below. With a temperature probe as additional equipment, they can also measure temperature. Such equipment can be set to read in and/or convert to volume at 15°C. Setting-up and servicing ALGs requires a high degree of care. Experience has shown that their reliability depends on the trader’s observing the full maintenance procedure recommended by the manufacturer. In addition to the readings given on tank-side indicators, some types of equipment may be connected to electronic units, which transmit information to a central control room. Traders’ schedules of measurement methods used at duty points will indicate those gauges used for duty accounting. Tank gauges will usually be used for receipt accounting of bulk volumes taken into storage tanks and for stock control.
When properly installed and serviced, ALGs provide rapid and accurate tank dips and temperatures for operational and stocktaking purposes without interrupting the processes. They contribute to safety and to the economic use of traders’ manpower by reducing the need to climb tanks for manual dipping.
4.10.4 Manual gauging
The accuracy of a working dip-tape used for revenue accounting must lie within ± 2mm throughout each 30m length (±1.5mm when new).
4.10.5 Temperature and pressure measurement
Temperature measuring equipment used for revenue accounting must at all times be accurate to within:
- for unheated oils ±1.0° C
- for heated oils ±2.0° C
when compared with a reference thermometer.
If pressure is measured it should be accurate to within ±0.50 bar.
4.10.6 Density measurement
Density must be measured by the use of densitometers or by testing samples (drawn from the appropriate vessel) with suitable hydrometers.
Density measurement equipment must be maintained and tested as recommended by the Energy Institute.
4.10.7 Public weighbridges
After an initial check, the Trading Standards Officer (TSO) must carry out the reproving of the weighbridge at 6 monthly intervals. The weighbridge may be assumed to be accurate for revenue accounting if it has been stamped by the TSO. If the weighbridge fails to meet the required standard the TSO will obliterate the stamp and apply a new stamp only when the required standard has been met.
4.10.8 Private weighbridges
The TSO will stamp private weighbridges after initial proving, but thereafter traders will need to arrange for routine reproving which should be done at least annually.
There is no Weights and Measures Acts trading standards requirement for a private weighbridge to be checked at regular intervals; it is left to the owner to request re-proving.
Before basing any revenue account on the weighing of road and rail vehicles or drums you must first notify the Helpline on 0300 200 3700 to allow consideration of your proposals.
4.11 What should I do if my measurement equipment breaks down?
To cater for this eventuality you should agree an ‘emergency measurement’ procedure with HMRC. Owners of third party warehouses should also agree an emergency procedure with us.
This method should be the next most accurate method of measurement available (for example, if a road loading meter breaks down, this may be road tank wagon dips/ullages where these may be taken safely). You must make sure that:
- your operatives are aware of the procedure
- urgent action is taken to repair the defective equipment
- the use of the emergency measurement procedure, and the reason for its use, is recorded in a format agreed with customs and that record is retained for examination by HMRC (RTR Reg 6)
4.12 What should I do if I discover that my measuring equipment is operating outside your accuracy requirements?
You must immediately stop using the equipment for revenue accounting, and report the matter immediately to HMRC. It is in your own interest to plan for this eventuality and to have a back-up measurement system in place (see paragraph 4.11). This also applies to third party warehousekeepers.
Note: you may commit an offence if you intentionally use measuring equipment that you know to be incapable of operating within our accuracy requirements.
4.13 What should I do about revenue accounts, which have already been raised using equipment which has been found to be inaccurate?
You must investigate the circumstances to ascertain:
- when the equipment became inaccurate
- you must re-check all revenue accounts raised back to a period when you can demonstrate that the equipment was operating within our accuracy requirements - if your enquiries reveal that you have underpaid duty you should make payment immediately in accordance with paragraph 11.7
If you have overpaid duty you should phone the Helpline on 0300 200 3700 for advice. Third party warehousekeepers must contact HMRC and their clients as quickly as possible.
4.14 Decreasing dip arrangement
We may allow you to assess the duty due on certain fuels (other than light oil, kerosene or gas oil) on the basis of the decrease in the warehoused quantity during each accounting period. In such cases duty becomes payable on storage losses, but this may be offset by economies that you can make in your handling and accounting procedures. You should discuss this with us before completing your application for approval.
4.15 Do you allow concurrent receipts and deliveries?
We do not usually allow concurrent receipts and deliveries in tanks used for deliveries from the warehouse, except where the product is volumetrically metered on delivery from the tank in accordance with this notice. If there is a genuine trade need for a concession in other circumstances (for example, only one duty suspended tank of a given product at an installation, and receipts occur at times when deliveries are taking place), you should contact the Helpline on 0300 200 3700 stating the procedure to be adopted to make sure accurate measurement and revenue accounting.
4.16 Do you require facilities for checks?
Where required by us you must provide facilities for independent checks of quantities in containers, wagons or craft loaded or unloaded at the premises. You must also make sure such facilities meet the required health and safety standards.
5.1 What is the procedure for imports of non-EU fuels?
5.1.1 Procedure generally
‘Non-EU’ fuel is that which is imported into the UK from a non-EU country either directly or, Customs Duty unpaid, by way of another EU member state accompanied by form T1 if the sea journey is by regular shipping lines. Such fuel imported for warehousing, for use in a fuel producer’s premises, or for removal to approved remote marking premises for marking or delivery under a marking waiver, must be declared as directed in the Tariff, Volume 3. Fuel for use in duty suspended premises must be warehoused before use.
If the fuel is liable to Customs Duty, the directions of Notice 171 Hydrocarbon Oils: Customs Duty must be followed. Notice 101: deferring duty, VAT and other charges explains how payment of Customs Duty at importation can be deferred.
Notice 702: imports describes the VAT procedures that apply to imports.
5.1.2 Bulk importations
Warehousekeepers should give prior notice of all vessel arrivals to HMRC using a locally agreed procedure. Once a vessel has arrived, details of cargoes must then be notified to us by means of a ‘presentation’ document.
When this has been lodged you may assume that you have our permission to discharge into approved tanks at an approved wharf. Within 24 hours of arrival the fuel must be declared to HMRC by a ‘summary declaration’ which may take the form of an import declaration (form C88).
Fuel intended for warehousing may also be discharged direct into approved tanks at a duty suspended warehouse before it is examined by HMRC, once all other HMRC requirements in respect of the importation have been complied with and the warehousekeeper or producer:
- keeps available for official inspection an up-to-date programme of the tanks to be used for receiving fuel from import in the next 24 hours
- makes sure that the receipt tanks are isolated from all other tanks and that outlets remain closed from the time when dips are taken before discharge until the final dips have been completed
- makes sure that any fuel conveyed under duty suspension in the same ship is physically segregated and its receipt is accounted for separately (EWER Reg 11)
After examination and clearance of the import declaration (C88), HMRC may wish to compare the C88 with the master’s declaration and a declaration from the trader as to the calculated figure landed (or out-turned). The master’s declaration (on form C13) is completed by the master of the vessel carrying the import cargo and includes a description and quantity of cargo on board and the site, or sites, at which it is to be discharged. It is presented at the local boarding station or import control station via the ship’s agents.
The warehousekeeper must present a declaration of the receipted figure calculated on shore tank dips, confirming the actual quantities of product landed. Comparisons made between these 3 documents will determine whether the whole of the cargo has been accounted for.
5.1.3 Importations direct to remote marking premises
Unmarked gas oil, kerosene or light oil furnace fuel imported for delivery to remote marking premises for marking must be declared at the appropriate unrebated rate of duty (HODA s6 (1)(a)). Rebate may be claimed in accordance with paragraph 8.17.
5.2 What is the procedure for fuel shipped to the UK from other member states of the EU?
Movement of the oil products listed in Appendix I within the EU is subject to the provisions of the Excise Movements Directive (Council Directive 2008/118/EC).
The requirements for the movement of excisable goods, other than fuel, under Excise Duty suspension within the EU, are set out in Notice 197: receipt into and removal from an excise warehouse of excise goods. The requirements for the movement of fuel broadly follow those in respect of other excise goods, but the fact that fuel products are sometimes traded at sea and consignors don’t know the final destination has caused special arrangements to be made for them. The procedure is set out in paragraph 5.3.2.
5.3 Receipts under Excise Duty suspension
Since 1 April 2010, the Accompanying Administrative Document paper documentation system has been replaced by the electronic administrative document (eAD), as a result of the introduction of the Excise Movement and Control System (EMCS).
EMCS is an EU-wide electronic system for recording and validating movements of duty suspended excise goods within the EU. Authorised warehousekeepers and registered consignors (who are authorised to dispatch duty suspended goods), before moving duty suspended excise goods, must register and enrol for EMCS. The consignor of the duty suspended excise goods must complete and submit an eAD using EMCS before a movement of excise goods can take place. There are guidance notes and help text explaining how to use EMCS on the HMRC website and on the EMCS screens. Once the detail entered on the eAD has been validated, EMCS will generate a unique Administrative Reference Code (ARC) for that particular movement. The ARC is required to travel with the goods and must be made available for presentation when requested by the relevant authorities during the course of the movement. This means the consignor must provide the person accompanying the goods (for example, the driver of the vehicle) during the course of the movement with a printed version of the validated eAD or any other commercial document on which the unique ARC is clearly stated.
Generally, EMCS must be used for intra-EU movements of all excise goods where they are moving in duty suspension between approved persons or premises in different member states.
Further details on the EMCS system can be found in Notice 197: receipt into and removal from an excise warehouse of excise goods. Details of how excise warehousekeepers and registered consignors can register, enrol and access EMCS are contained in Notice 196: excise goods – registration and approval of warehousekeepers, warehouse premises, owners of goods and registered consignors..
Exceptions where EMCS is not used
All EU traders that are involved in the receipt and dispatch of excise goods in duty suspension must be able to send and receive the goods through EMCS. This means that, in normal circumstances, there should no longer be any paper-based movements when excise goods are moving between the UK and the EU in duty suspension.
Exceptions to this rule apply when:
- the excise goods are moving under fallback procedures because EMCS is not available (see section 3 of Notice 197: receipt into and removal from an excise warehouse of excise goods)
- the duty suspended movement is one that meets the criteria for simplified procedures (see section 4 of Notice 197: receipt into and removal from an excise warehouse of excise goods)
- a duty suspended movement of energy products is taking place wholly within the UK - these intra-UK movements don’t take place on EMCS; they must be accompanied by a W8 (or commercial equivalent) instead
5.3.1 Registered Consignees - formerly Registered Excise Dealers and Shippers (REDS) - and Temporary Registered Consignees - formerly Occasional Importers
Registered Consignees (RCs) - formerly known, prior to the introduction of EMCS, as REDS - are revenue traders who are approved by and registered with us to receive and account for the duty on duty suspended excise goods from other member states. RCs must account for the duty when the goods are received in the UK. RCs may not hold or dispatch goods under duty suspension arrangements.
A RC must be approved by HMRC before they are permitted to receive goods under duty suspension arrangements (whether or not he owns those goods at the time he receives them).
Please see Notice 203A: registered consignees for further information on the Temporary Consignee system.
Temporary Registered Consignees (TRC) - replacement scheme for the Occasional Importers System
The changes introduced by the Directive 2008/118/EC meant that the UK had to alter its excise procedures, including replacing the Occasional Importer scheme with the TRC scheme for duty suspended consignments. As a result, businesses previously using the Occasional Importer scheme to import duty suspended excise goods from other EU member states must now be approved as a TRC or use one of the other available schemes for receiving excise goods, as described in paragraph 3.10 of Notice 204A: temporary registered consignees.
See Notice 204a: Temporary Registered Consignees for further information on the TRC system.
5.3.2 Receipts of oil where the final destination had been uncertain at the time of dIspatch (see also paragraph 5.3.3)
An eAD is normally required for all movements including those to ‘uncertain destinations’. However, regulation 44 of the Excise Goods (Holding, Movement and Duty Point) Regulations 2010 covers outbound consignments of this type, allowing the name of the consignee to be entered later, while inbound consignments to the UK are similarly covered by their member states’ equivalent legislation under Directive 2008/118/EC.
In such cases, the eventual receipt of the oil in the UK must be treated as a re-import into the EU requiring an import declaration. The appropriate Customs Procedure Codes are 07 00 00 for receipt into duty suspended oils warehouses, or 40 00 58 for receipt into premises not under fiscal control. Tariff Volume 3, Appendix E2 refers. In such cases, the importer must also produce evidence of EU origin to demonstrate that the imported oil is not liable to Customs Duty. The EU agreed evidence is form C&E1158, but within the UK commercial documentation demonstrating free circulation is acceptable.
Import VAT will be payable on such fuel as described in Notice 702: imports.
5.3.3 What is the position if a movement from the UK with an uncertain destination or a non-UK destination is diverted to return to the UK?
On rare occasions an EU movement, having left a UK load port with an ‘uncertain destination’ might return to the UK as a result of trading or because of a problem with the vessel resulting in the goods being discharged within the UK. These isolated movements may be treated as duty suspended movements within the EU, provided we are satisfied that the circumstances are exceptional.
5.4 Excise Duty suspended movements within the UK: accompanying documentation form W8
Duty suspended movements within the UK require accompanying documentation (form W8). Financial guarantees may also be required for some movements. Warehouses can have their own commercially produced version provided that it meets the requirements of HMRC and is approved by us. The authority for these requirements is contained within the Excise Warehousing (etc) Regulations 1988 (EWER).
Duty suspended movements are restricted to those circumstances described below:
Low risk products: unfinished products, such as crude, condensate and basic feedstocks (for example, crude benzene) which require further refining may move under Excise Duty suspension. Such product may be considered low risk. If delivered frequently by road, rail or pipeline, scheduling on a monthly basis may be allowed. These schedules can take the form of normal commercial documentation, but must contain all the information required by the W8 form.
Pipelines: pipelines in the UK can only carry duty suspended finished product under the circumstances outlined in paragraph 2.5 of this notice. Where this does occur a W8 will be required. The W8 should be sent from the responsible person at the point of dispatch to the responsible person at the point of receipt by post, fax or email.
Fuel substitutes: these do not tend to travel under duty suspension within the UK. This is because they are either set aside as road fuel and are consequently duty paid, or they are not set aside as road fuel and are therefore not excisable goods. Consequently they will not move under duty suspension or be warehoused. The question of W8s does not therefore arise unless the producer wishes to remove fuel substitutes under the duty suspension provisions. In that case the accounting procedure proposed by the producer is to be considered and approved by HMRC. It is the responsibility of the producer when they send out the fuel to make sure that the site to which the goods are being transferred is approved (and remains approved) by HMRC for duty suspended storage. Please contact the Helpline on 0300 200 3700 if there is any doubt. If such a site is not approved for duty suspended storage (or approval is withdrawn), Excise Duty should be charged and entered to the motor and heating fuels record before the goods are transferred.
Fuel additives/extenders: these can be either fuels or non-fuels. If they are not fuels, then they should be treated as fuel substitutes. If they are fuels, they would be treated in accordance with Directive 2008/118 and could therefore require an eAD if travelling intra-EU or a W8 when within the UK.
5.5 Scheduling of W8s
W8s may be scheduled in the following circumstances:
- pipelines, where they are subject to a warehouse approval - we may accept monthly schedules of movements instead of W8 forms
- low risk road movements - we may consider monthly scheduling of W8s
5.6 W8 forms and losses
Goods entered for removal from an excise warehouse must travel with an accompanying document W8, which has been completed in accordance with the instructions on the reverse of the W8. In the case of pipelines, the W8 will be forwarded separately. If all of the goods as described on the W8 don’t arrive at the consignee’s address, duty may be due on the whole consignment (Reg 17). Please contact the Helpline on 0300 200 3700 in the first instance for advice.
Warehousekeepers sending out goods must notify HMRC where a certificate of receipt is not obtained for all goods that have been sent out in duty suspension (Reg 15). There is a clear requirement on the consignor to inform HMRC where copy 3 of form W8 is returned by the consignee showing a shortage upon receipt.
Losses must be reported by forwarding a photocopy (both sides) of copy three of the W8 to your nominated HMRC representative as per paragraph 5.3 above within 3 days of its receipt. However, for bulk sea movements over 50,000 litres, only losses in excess of 0.5% of the quantity shown as having been shipped must be reported.
5.7 What is the procedure for receipts under Excise Duty suspension?
When oil is received under duty suspension under the W8 system, the warehousekeeper must send a certificate of receipt to the consigning warehousekeeper. Any discrepancies between the amount shown on the delivery document and the quantity received should be noted on the certificate of receipt.
The certificate of receipt should be sent within 5 days of the goods being warehoused. Failure to do may result in penalties being imposed and approval being reconsidered.
For the procedure under the EMCS system, see Notice 197: receipt into and removal from an excise warehouse of excise goods for further details.
5.8 What about fuel previously delivered for home use?
There is no general restriction on the receipt of fuel previously delivered for home use into a warehouse or fuel producer’s premises, subject to paragraph 3.7.4. Such fuel may also be received into duty paid remote marking premises. However, the descriptions of fuel that may be received into a particular warehouse (including vessels and places approved as a warehouse at entered premises) may be restricted by a:
- limitation or a condition in the warehouse approval
- direction applicable to the warehouse or class of warehouses
5.8.2 Credit of duty
We don’t generally allow credit of Excise Duty on duty paid fuel, or on the fuel content of composites (fuels of different descriptions), delivered from warehouse on payment of duty and later returned to duty suspended storage. Paragraphs 5.8.3 to 5.8.8 below set out when we will allow credit, and also when we will not. In particular we don’t allow credit of duty on frustrated deliveries unless contamination or accidental mixing, after delivery and duty payment, can be established as the reason for return (HODA s20).
5.8.3 Meter proving - fuel that has been returned to duty suspended storage after use for proving delivery meters at duty suspended premises
This oil may be returned to duty suspended stock on credit of Excise Duty at the rate charged at the time it was metered.
5.8.4 Contaminated or accidentally-mixed fuel returned to duty suspended storage
Credit of Excise Duty may be allowed for fuel which has become contaminated or accidentally mixed since being removed from duty suspension on payment of duty and which is received into duty suspended storage (HODA s20). If returned fuel is added to bulk marked stocks, sufficient additional marker must be added so that subsequent deliveries from that stock meet the statutory minimum marking requirement.
Contaminated or accidentally mixed oils may be taken to include returns of off specification aviation fuels. Oil used at duty suspended premises for vehicle flushing, or that is contaminated in the course of testing ships’ tanks or rinsing out oil bottles or drums, may also be included, provided duty paid or other orthodox delivery is not possible. Draining of line contents of wet-hose vehicles are excluded from these arrangements.
When contaminated or accidentally mixed fuel on which duty credit is to be claimed, is received at a duty suspended installation, the warehousekeeper should immediately record the following details:
a. the date of the contamination or accidental mixing and the date or proposed date of return to duty suspension;
b. the description and quantity of contaminated fuel and the nature of the contamination, or the quantities and descriptions of the different kinds of fuel which have become accidentally mixed, with the results of any independent laboratory analyses;
c. the circumstances in which the fuel became contaminated or accidentally mixed;
d. the name and address of the person/premises from which the fuel is to be, or has been, uplifted;
e. the duty suspended vessel into which it is to be deposited, and the proposed method of treatment;
f. evidence held that the oil constituents of the contamination or accidental mixing had previously borne Excise Duty - this comes under the record keeping requirements in RTR Reg 6.
Further action should be taken in accordance with procedures agreed with HMRC (for example, we may occasionally wish to examine, sample and take account of the oil in the container in which it is returned to warehouse). For regular routine returns of small quantities of contaminated or accidentally mixed fuel (for example, vehicle flushings), there may be no need to notify HMRC specifically, but the record must be retained and be made available for inspection by us when required.
Where there is doubt about the nature or degree of contamination or accidental mixing, we may require warehousekeepers to submit samples for laboratory analysis at their own expense. If there is any significant divergence between test results and the details of contamination or accidental mixing set out in the claim, we may ask for an explanation or we may send a sample for analysis by our appointed chemist.
Duty credit must be based on the quantities of each revenue category of oil present in the contamination or mixture. Credit must be claimed at the rates of duty which would have been applicable had those quantities been delivered uncontaminated or unmixed on duty payment at the time the contamination or accidental mixing took place (HODA s20 (3)). Pipeline interfaces returned to duty suspension must be claimed for duty credit only as charged by the pipeline Duty Adjustment System (DAS).
Each quantity returned is to be shown in the accounts and included in the warehouse stock. The accounts should contain details of the quantity of oil on which credit of duty has been claimed, and the rate of duty applicable in accord with HMRC provisions (RTR Reg 6). Credit should be taken by set-off in the duty deferment account. Mixings, accidental or otherwise, after delivery on duty-payment may incur an extra charge of Excise Duty and VAT (HODA Schedule 2A).
5.8.5 Contaminated or accidentally mixed oil returned to remote marking premises
A record containing the details required by paragraph 5.8.4 above should be made and notified to us before contaminated or accidentally mixed oil is received into remote marking premises where the proposed method of treatment will result in any:
- unrebated fuel in the contamination or mixture being marked or flooded into marked stock
- rebated fuel in the contamination or mixing being flooded into unrebated fuel stock (RTR Reg 6)
Further action should be taken in accordance with procedures agreed with HMRC (for example, we may occasionally wish to examine, sample and take account of the fuel in the container in which it is received).
Where treatment does not result in any additional liability to duty, there may be no need to specifically notify us. For example, a marked gas oil and marked kerosene mixture returned to marked rebated stock would not need to be notified, unless the mixture was intended to fuel any engine or motor. In such instance duty (at reduced rate for gas oil) would be due on the kerosene content of the mixture (see paragraph 5.8.4).
Please note that we cannot pay a rebate on any duty unless the fuel in question is returned to a tax warehouse. A Registered Remote Marking Premises (RRMP) is not a tax warehouse. Any compensation for losses incurred from contamination would have to be sought from your supplier.
5.8.6 Contaminated or accidentally mixed oils returned other than to duty suspended premises
It is not possible to claim a rebate of duty on contaminated or accidentally mixed fuel in these circumstances. You must consult HMRC on how to proceed.
Each case will be dealt with on its merits and we will issue removal, marking or accounting instructions as appropriate. Above all, contaminated fuel should never be sold as road fuel unless it is first treated in a way approved by HMRC.
5.8.7 Duty paid oil-based composites received into duty suspended premises for addition to duty suspended stocks
Although there is no general entitlement to credit of Excise Duty on the duty paid fuel content of these composites (marker concentrates and/or fuel additives) before delivery, we may allow credit of duty on certain motor fuel additives, and on gas oil and kerosene marker concentrate manufactured in duty paid premises. Credit of duty is allowed on addition of the composites to oil in duty suspension, not on their receipt into duty suspended premises.
Applications for authority to claim credit of duty in these and similar circumstances should be made to HMRC; no set-off can be made until you receive our authorisation.
5.8.8 Used duty paid oil received into a fuel producer’s premises for re-refining
You may apply for the amount of duty previously paid to be offset against the duty charge on the oil available for removal from site after treatment, where used duty paid oil is received into a fuel producer’s premises.
6.1 What operations may be performed in approved warehouses?
In an approved warehouse, and subject to any restriction imposed by Commissioners’ (HMRC) direction or conditions of approval, fuel may be:
- filled into drums, cans or other receptacles
- cleaned by straining or any other means (for example, heat treatment or chilling) which does not change the liability of the fuel to duty or its entitlement to rebate
- marked and/or dyed
- mixed with additives
Other treatment of fuel is not normally allowed in a warehouse (CEMA s92).
6.2 What operations may be performed in a fuel producers’ premises?
In an entered fuel producer’s premises any treatment of oil may be performed and fuel may be produced from any material. Producers may obtain it from any natural source (for example, an oil well or from shale) or from any non-oil material (for example, coal). They may refine, purify, blend and carry out any process on the fuel. However in that part of the entered premises approved by us as a warehouse, producers may perform only those operations, which are normally allowed in a warehouse (see paragraph 6.1).
6.2.2 Use of fuel without payment of duty at a fuel producer’s premises
Producers (including power plants approved as producers) may use fuel without payment of Excise Duty:
- as feedstock, that is, material used in the production of fuel or chemically transformed into a substance which is not fuel
- as fuel for producing heat, light and power required for processing the feedstock (including fuel for machinery used to process the feedstock)
- for producing electricity supplied to the National Grid where this is incidental to the second bullet point above, and subject to meeting the criteria in Appendix J - in effect, surplus production
- for lubricating machinery used in the treatment of fuel (HODA s9)
- as a solvent in the production of fuel (HODA s9)
Except as listed at paragraphs 5.8, 7.9 and 7.11 of this notice, the Excise Duty charged on fuel which is used in a producer’s premises cannot be repaid.
6.2.3 Setting fuel aside for use
We may require that fuel which is to be used in a refinery for any purpose be ‘set aside’ before it is taken for use (HOR Reg 7). Fuel set aside for use in a refinery must not be diverted for any other use or purpose without our permission. For example, fuel received for use in the production of non-fuel substances is deemed to have been set aside. Such fuel is not to be put to another use or disposed of for any other purpose, for example, delivered to other premises, used in oil-to-oil production, or destroyed, unless our permission is obtained. This restriction does not apply to fuel by-products, residuals or other substances resulting from refining operations.
HMRC will consider applications to deliver set-aside fuel on payment of duty or for removal under duty suspension when:
- a producer wishes to dispose of remnants of stock because the production premises are closing, the tanks in which the remnants are stored are to be demolished or used for a different purpose, or the use of the kind of oil concerned has been discontinued
- the oil has inadvertently become too contaminated to be used in the premises
- the trader wishes to make an isolated delivery on behalf of another producer to meet an unexpected or emergency shortage there
Please remember that before gas oil or kerosene may be removed from duty suspension on payment at a rebated rate of duty, it must be marked to satisfy UK regulations (see section 8 of this notice).
6.3 Where can gas be incorporated into fuel?
Hydrocarbon gas may be incorporated in fuel only in an entered fuel producer’s premises (HOR Reg 5).
6.4 Control of recoverable or ‘waste’ oil from interceptors
Waste oil in warehouses, such as slops, spills, waste from tank cleaning, tank bottoms, can result from a number of operations. These wastes are often collected in interceptors where oil and water are separated.
If we are satisfied that the waste oil is from interceptors which have been filled from wholly duty paid sources (for example, duty paid gantries, provided no duty credits have been allowed on spillages), we may allow destruction or removal of the oil without restriction. In all other cases the oil is to be disposed of in one of the following ways:
- destroyed in an approved manner, for example, not burned to produce useful heat
- delivered to home use on payment of duty at the appropriate rate
- removed under duty suspension
- to another warehouse or producers’ premises subject to the standard conditions
- returned (without credit of duty) to duty suspended stocks within the same warehouse or producer’s premises
6.5 Oil used in a chargeable process: EU Customs Duty
When fuel which is liable to EU Customs Duty is used in a process which cannot be performed in a warehouse and that process does not in itself give entitlement to Customs Duty relief, the duty becomes payable at the time the fuel is taken into process. However, arrangements may be made (as explained in Notice 171: Hydrocarbon Oils - Customs Duty) for claiming suspension of Customs Duty when the products of the process are intended for exportation. The conditions and procedures explained in Notice 171: Hydrocarbon Oils - Customs Duty must be complied with and a reasonable method of estimating home use and export allocations must be adopted.
If a product of the process is a fuel that is to be re-warehoused, the quantity derived from the export allocation should be entered in the records as ‘for export only’. Any diversion of this fuel to home use would attract an EU Customs Duty charge, at the rate and on the value applicable to the fuel from which it was derived, at the time that the fuel was put into process.
7. Delivery procedures
The removal or delivery of fuel from warehouse occurs at the boundary of the warehouse. Such deliveries may take place via a volumetric meter or other form of taking account of revenue. The warehousekeeper must make sure that all loaders, drivers and carriers know and comply with the delivery procedure that has been agreed with HMRC. Any change in the procedure must be agreed with us before implementation.
In general, fuel may be delivered from a warehouse or a producer’s premises at any time on any day. However, CEMA section 128 provides that during any period not exceeding 3 months we may refuse to allow the removal for home use of quantities of fuel exceeding those which appear to us to be reasonable in the circumstances.
See paragraph 3.12 for more information on Budget forestalling.
7.2 What conditions apply to the delivery of tied oil?
Provided the supplier has complied with paragraphs 8.5.1 and 8.5.2 of this notice, the approved person to whom the tied oil is supplied is responsible for accounting for its disposal. Further guidance on the tied oil scheme is given in Notice 184A: mineral (Hydrocarbon) Oil put to certain uses: Excise Duty relief. Please also see paragraph 12.1 - Category 4.
7.3 What is the procedure for the removal of fuel under duty suspension?
Fuel may be removed without payment of duty from one duty suspended installation to another only as described in section 2.
For products removed from one producer’s premises to another as a volume adjustment under exchange partner arrangements, the business sending the oil under duty suspension should advise HMRC, in accordance with locally agreed procedures, that it is to be treated as an adjustment transfer.
7.3.1 Restrictions on removal
Fuel may be removed under duty suspension subject to the following restrictions.
a. fuel may be removed in any suitable vehicle or craft. If you wish to convey fuel removed under duty suspension in the same vehicle or craft as other fuel that is delivered for home use you should agree the procedure with HMRC.
b. oil set aside for refining under paragraph 6.2.3 may be removed only with HMRC permission.
c. HMRC’s authority is required before fuel may be removed under duty suspension to refining plant, which is not approved as a warehouse.
In all cases, the duty on the fuel remains the responsibility of the supplier for the premises from which it is removed until the consignee returns the certificate of receipt for it (see paragraph 5.7) (EWER Reg 15, HOR Reg 11).
7.3.2 Removal accounts
Traders involved must make sure that accurate accounts are taken of fuel delivered and received and that the tank wagons or tank craft, which convey it are fully discharged at the place of receipt. If for any reason a wagon or craft is not fully discharged, an account must be taken of the remnant, and, unless an alternative procedure has been authorised, businesses must notify the HMRC office responsible for the warehouse of receipt (this information can be obtained from the Helpline on 0300 200 3700) of the quantity remaining in the wagon or craft and its disposal.
Where different consignments of fuel are conveyed under duty suspension in the same vehicle or craft, the transporter must make sure that there is no intermixing between consignments. If the fuel is not to be segregated in transit, arrangements satisfactory to us for apportionment of the quantities discharged must be established and maintained. If accidental mixing occurs (for example during loading), you must record the relevant details and take further action in accordance with procedures agreed with HMRC. Unless this is done we will not necessarily accept an increase in one consignment as an explanation of a deficiency in another.
7.3.3 Constructive warehousekeeping
A warehousekeeper or producer to whom fuel is consigned on removal under paragraph 7.3 may, without physically receiving it into approved premises, re-consign it on the basis of the advised description and quantity:
a. for a further removal as above b. for exportation or shipment as stores (see paragraph 7.6) c. for supply as tied oil subject to the relevant conditions (see paragraph 7.2)
In all such cases, all records, certificates and other documents are to be completed and dealt with as if the fuel had been taken into stock and re-delivered.
Fuel removed under duty suspension may not, without our express consent, be delivered on payment of duty until it has physically been taken into stock and full accounts of the description and quantity of the oil have been taken on receipt and on re-delivery. We will give consent only in special circumstances, for example, where a remnant in conveying wagon or craft has for good reason not been received into stock (HOR Reg 4, EWER Reg 17).
7.4 What is the procedure for the removal of fuel to the Isle of Man?
7.4.1 For immediate duty payment without re-warehousing on the island
Fuel may be removed without payment of Excise Duty from a UK warehouse or oil producer’s premises to the Isle of Man for duty payment there without re-warehousing on the island. The sender must insert prominently on the commercial delivery document ‘for duty payment at’ (the place of landing in the island). In the case of gas oil, that document must specify whether or not the fuel is marked to UK requirements.
The fuel must be produced to the proper officer on arrival and the appropriate Isle of Man duty must be paid.
7.4.2 Under duty suspension
Fuel may be removed without payment of UK Excise Duty from a warehouse or a fuel producer’s premises in the UK to Isle of Man bonded warehouses:
Manx Petroleum Ltd
Douglas No 2
Isle of Man
Ellan Vannin Fuels Ltd
Douglas No 9
and Mill Road
Isle of Man
The delivery note must be endorsed in accordance with the following statement:
Oil (or fuel) removed under duty suspension if:
- not liable to Customs Duty ‘This oil has not borne Excise Duty’
- liable to both Customs Duty and Excise Duty ‘This oil is liable to both Customs Duty and Excise Duty’
- kerosene ‘This oil has/has not been marked’ (as appropriate)
7.5 What conditions apply to delivery of fuel for vessels on marine voyages?
For further information please see Notice 263: marine voyages: relief from fuel duty.
7.5.1 Duty free delivery direct from warehouse
Heavy oil may be removed without payment of Excise Duty from a warehouse or producer’s premises for use on board vessels (including hovercraft) other than pleasure craft, whilst engaged on marine voyages, that is, voyages in which a vessel is at all times either at sea or within the limits of a port. Full details of the procedure to be followed are given in Notice 263: marine voyages: relief from fuel duty. Security is not normally required for such movements, but see paragraph 3.5.
The owners of the vessel or a person authorised on their behalf must request duty free shipment of the fuel and certify that it will be used on board a vessel engaged on a marine voyage. The request and certificate on behalf of the vessel’s owner is to be given either:
- on a copy of the delivery note for each consignment
- where locally authorised by us, in a monthly statement furnished to HMRC for the supplying installation
7.5.2 Delivery from duty paid storage
Alternatively, traders approved for duty deferment (and intermediaries named with their netting arrangements) may make deliveries of heavy oil directly to similarly entitled vessels at duty exclusive prices from duty paid storage and claim repayment of the duty under the netting arrangements described in section 12 or may pass on the duty to be reclaimed by the ship’s owner or master.
7.6 What is the procedure for fuel which is exported to non-EU destinations or shipped as stores?
Fuel for exportation or shipment as ships’ stores may be removed from a warehouse or fuel producer’s premises without payment of Excise Duty.
7.6.2 Exports to non-EU destinations
Traders should follow the guidance in Notice 275: customs export procedures, concerning the New Export System (NES) which is available from the HMRC website.
7.7 What is the procedure for the movement of fuel under duty suspension arrangements to other member states (intra-EU movements)?
Movement of the fuel products listed in Appendix I within EU is subject to the arrangements required in the Excise Movements Directive (Council Directive 2008/118/EC). The requirements for the movement of excisable goods under duty suspension within the EU are set out in Notice 197 Excise goods: Receipt into and removal from an excise warehouse of excise goods.
7.7.1 System for Exchange of Excise Data
Except where the destination is uncertain, it is the responsibility of the warehousekeeper, as the consignor (sender), to confirm the status of the consignee before sending goods. This is achieved via a reference numbering system applied throughout the EU. In the UK the database is called the System for Exchange of Excise Data (SEED), maintained by HMRC.
Each member state is required to supply, by computer disk, a list of their authorised warehousekeepers and registered traders, to all the other member states, the reference number having been allocated by the respective fiscal authority. All member states therefore hold a composite EU list of authorised traders on a database.
7.7.2 Known and uncertain destinations
You should follow your usual commercial practice which will differ depending on whether the consignment is destined to go to a ‘known’ or ‘uncertain destination’.
Normally, to ‘known destinations’, you may send goods in duty suspension only to authorised warehousekeepers or registered traders (the latter category being RCs in other member states).
The EMCS system provides a pre-validation facility which allows you to check that the recipient is authorised to receive the goods.
The Helpline on 0300 200 3700 may also be able to help if you encounter problems in confirming authorisation. You must not release excisable goods unless you are satisfied that the consignee is properly authorised or registered in the member state of destination.
Clearly where movements are to ‘uncertain destinations’ it is not possible to confirm details of the status of the ultimate destination but whether the consignment is bound for a ‘ known’ or ‘uncertain destination’ liability for duty on goods which go missing during an intra-EU movement may fall on:
- the proprietor, that is, the owner of the goods or any person who has a beneficial interest in them
- any other person who causes or has caused the goods to reach an Excise Duty point
All parties involved in arranging the movement, or having a connection with the goods at the duty point, may be jointly and severally liable for the duty, including, for example, transporters/carriers.
The liability of the authorised warehousekeeper of dispatch and, if the case arises, that of the transporter, may only be discharged by proof that the consignee has taken delivery of the products, or where appropriate in the case of movements to ‘uncertain destinations’, by proof that the product has been exported outside the EU.
You may also receive orders from EU traders who are the equivalent of TRCs. For such consignments, the consignee must pay or secure the destination member state’s duty on the goods, and supply evidence of this to you, as the consignor, before dispatch. You must make sure that this evidence of payment travels with the consignment, as well as the accompanying document, which varies according to the duty status of the goods to be dispatched if the goods are:
- UK duty suspended, complete an eAD
- already UK Excise Duty paid, you must instead complete a simplified AAD (or an equivalent commercial document) - in these cases, an approved guarantee is not required to cover the movement
Consignors sending duty paid excise goods should also make sure that they are aware of the conditions for claiming drawback, in Notice 207: Excise Duty drawback.
Please see also paragraph 5.3.2 which explains that whilst an eAD is normally required for all movements including those to ‘uncertain destinations’, UK and other member states’ legislation under Directive 2008/118/EC allows the consignee name to be entered later where the destination is uncertain but is likely to be outside the EU.
7.7.3 What financial security is required?
For intra-Community movements of fuel products in duty suspension a guarantee must be provided to cover the suspended duty (see Article 18 of Council Directive 2008/118 and regulation 39 of the Excise Goods (Holding, Movement and Duty Point) Regulations 2010). However, bulk intra-EU movements by sea or pipeline do not require a movement guarantee. For further information, see Notice 197: excise goods: receipt into and removal from an excise warehouse of excise goods.
The guarantee normally has to be provided by the authorised warehousekeeper, although HMRC may allow it to be provided by the:
- owner of the goods being removed
- person transporting the goods
- consignee of the goods
as long as the:
- principal and the guarantor are UK legal entities
- guarantor is one acceptable to HMRC
- guarantee has been lodged with and accepted by us
Where either the proprietor, transporter or consignee of the fuel provides the guarantee, the warehousekeeper must obtain a written statement from these parties to this effect. The statement should provide information to allow HMRC to confirm the validity of the guarantee.
The size of the guarantee will depend primarily on the amount of suspended duty and the destination and route of the consignment. You will have to make commercial decisions about the cover you may need. Please get in touch with us if you would like to discuss how to provide an appropriate guarantee for the goods you send to other member states.
7.7.4 What accompanying documentation must I issue?
You must complete an eAD on the EMCS system each time you send excisable goods to another member state. See Notice 197: receipt into and removal from an excise warehouse of excise goods for detailed guidance.
The fallback procedure, should EMCS be temporarily unavailable, is to use accompanying paperwork in the format of the old AAD. Again, see Notice 197: receipt into and removal from an excise warehouse of excise goods section 12 for further details. The layout on commercial documents can differ from that the standard layout, but each item of required information must have the same box (number and heading) as shown in the standard AAD. Whether you use the standard layout or commercial documents, it is your responsibility to obtain or produce the document, as HMRC don’t supply accompanying documents. Should you choose to use commercial documentation containing additional information to that required on the standard layout, you must make sure that all the information shown is accurate and that the layout is approved by HMRC.
The eAD or AAD information relates to a complete movement (of one or more products) from one consignor to one consignee. You must complete an individual eAD or AAD for each separate consignment if the movement details are known to differ.
You must keep copy 1 of each AAD for your own records. Copies 2, 3 and 4 must accompany the goods throughout the movement. You must monitor the return of copy 3, which is a certificate of receipt from the consignee.
You can request authorisation to dispense with the requirement to sign individual AADs and instead print a ‘stamp’ on the AADs or commercial documentation. Please contact the Helpline on 0300 200 3700 if you wish to apply for such authorisation.
7.7.5 Can I change the consignee and/or destination of goods in transit?
Yes. You must obtain permission from HMRC before changing the consignee and/or destination of the goods.
See Notice 197: receipt into and removal from an excise warehouse of excise goods, paragraph 12.8.
7.7.6 How is the movement, and where appropriate the movement guarantee, discharged?
Details of these procedures can be found in Notice 197: receipt into and removal from an excise warehouse of excise goods, paragraph 12.9 and section 13 for exports to destinations outside the EU.
7.7.7 What if my certificate of receipt is slow to arrive?
7.7.8 What happens if a movement is diverted to a destination within the UK or to one outside the EU?
Paragraph 7.7.5 above advises how you should deal with changes to the consignee or the destination. In the event that a movement is diverted outside the EU you will need to produce commercial evidence and make an appropriate declaration when immediately notifying HMRC.
We recognise that, exceptionally, diversions may result in the goods being discharged within the UK. These isolated movements will be treated as duty suspended movements within the EU provided that they are isolated and due to unforeseen circumstances. However we will be alert to calculated attempts to circumvent our normal policy of not allowing duty suspended movements of finished oil products within the UK for spurious reasons and may impose assessments and penalties accordingly.
7.8 Exports to non-EU countries (including free trade area, free zones and free warehouses in non-EU countries) via EU member states
Direct exports may be covered under the new electronic provisions for exports (NES). Current information can be obtained on our website. The key factors described below are extant in principle but the new provisions may affect the operational procedures.
An important issue is whether the goods are moving under a single transport contract for carriage to a non-EU country (Commission Regulation (EEC) No 2454/93 refers) and whether the sea journey is by regular shipping lines or not.
a. if the goods are moved under a single transport contract by rail, or sea, the customs location from where they are moved by the railway company, or by the shipping company operating a regular route, is both the office of export and the office of exit from the EU. No accompanying document will be needed for excise purposes (that is, the eAD or commercial equivalent). An export entry C88/SAD (Single Administrative Document) should be raised at the UK port of export. Copy 3 of the C88/SAD is not required to travel with the goods but the transport documents should be authenticated by HMRC with the word ‘Export’ in red ink as evidence that export formalities have been carried out in the UK. The export is considered to be from the UK, not from the other member state.
b. where excise goods are not moving under a single transport contract, or the sea-journey is by non-regular route or are moving by road, a C88/SAD should be completed as well as an EMCS entry, and the form produced to customs at the port of export for authentication. Copy 3 of the C88/SAD will be authenticated and returned to the declarant for retention while on EMCS the word ‘export’ should be entered. The warehousekeeper is then to keep the SAD as evidence of completion of the export formalities.
7.9 What is the procedure for the delivery of fuel for use in a fuel producer’s boilers?
Fuel used in a producer’s boilers (see paragraph 6.2.2) may be delivered under duty suspension for this purpose from a duty suspended warehouse. Alternatively, suppliers approved for duty deferment may deliver rebated fuel for such use at duty exclusive prices from duty paid stocks, and recover the duty by way of netting arrangements (see section 12).
All fuel received at a producer’s premises under either method must be dealt with and accounted for as if it were delivered under duty suspension from a duty suspended warehouse, subject to the recipient premises qualifying for this relief (HODA s27 (1)). Before making the delivery, the supplier’s Central Accounting Point (CAP) must hold a letter from the producer confirming that the premises are approved for such duty free use.
7.10 What other deliveries may be made without payment of duty?
Fuel may sometimes be supplied without payment of duty for official use by the forces of the United States or other NATO (North Atlantic Treaty Organization) countries. Further information may be obtained from HMRC.
7.11 What happens if used oil is re-delivered after process?
When duty paid fuel is taken back into a fuel producer’s premises for reprocessing, any application for credit of duty should be made to HMRC. If credit is allowed on the duty paid oil it will be subject to special directions issued by HMRC (HODA s20A).
7.12 What is the procedure for the delivery of rebated light oil for use as furnace fuel?
Light oil delivered by an approved person for home use as furnace fuel for burning in vaporised or atomised form is entitled to a lower (that is, rebated) rate of duty (HODA s14). Instructions to users of such furnace fuel are given in Notice 184b: rebate of duty on light oil used as furnace fuel.
Warehousekeepers or fuel producers may deliver light oil on payment of duty at the rebated rate provided that:
a. it has been marked and dyed in accordance with the relevant directions in section 8 (HOR Reg 17).
b. they hold a certificate from the consignee in the form shown in Notice 184b: rebate of duty on light oil used as furnace fuel.
c. they comply with our requirements for statements on delivery notes (Appendix K).
We may modify the above requirements or impose special conditions in particular cases. We will normally dispense with the requirement for marking and dyeing light oil where the oil is removed by a closed pipeline from the duty suspended storage to the furnace in which the oil is burned.
If suppliers have any doubts about the entitlement of a customer to receive rebated light oil, they should withhold delivery and consult HMRC. For import declaration requirements, see the Tariff, Volume 3.
7.13 What is the procedure for the disposal of waste oil and sludge?
Waste oil and sludge such as that removed from tank bottoms, filters and interceptor systems at duty suspended warehouses, remains liable to Excise Duty.
Warehousekeepers may destroy waste oil or sludge without payment of duty by any method, which does not make use of the oil in a chargeable way (for example, to produce useful heat). A record of destructions must be kept (RTR Reg 6) in a format agreed with us.
The record should contain the following:
- details of the type and quantity of oil destroyed
- the method of destruction
Where destruction takes place outside the warehouse, the record should include the:
- name of the contractor
- address of the premises involved
- date of removal
When the oil is removed from the warehouse premises, the warehousekeeper must issue a delivery note to the consignee with a declaration that complies with section 5.
The facility to destroy defective oil or sludge without payment of duty does not affect the warehousekeeper’s responsibilities in non-revenue respects, for example, compliance with the Control of Pollution Act 1974, Environmental Protection Act 1990 and with any local authority regulation or requirement.
7.14 What are your requirements for delivery notes and alternative delivery documents?
Warehousekeepers or fuel producers must, for each consignment delivered from their duty suspended premises which is not covered by the eAD and W8 provisions:
a. issue a delivery note to the consignee, and b. make sure that, at the time of delivery, the fuel is accompanied by the original, or a copy delivery note, or by an alternative delivery document, unless it is delivered by pipeline or HMRC has authorised other arrangements.
Provided they contain the details and are issued as required below, they may be drafted in a form that suits the commercial interests of the trader.
Delivery notes and alternative documents may be supplied by another person (for example, the owner or purchaser of the fuel) provided the warehousekeeper or fuel producer accepts responsibility for their contents and manner of issue. The consignee shown on a delivery note may be the person to whose premises the fuel is to be delivered or a person who takes charge of it from the warehouse or fuel producer’s premises.
7.14.2 Contents of delivery notes
The delivery note must show:
- the address of the premises from which the fuel is removed
- the date of removal
- the description and quantity of fuel
- the name and address of the consignee
- identifying particulars of the conveying ship or vehicle or other means of transport (for example, pipeline)
- any statement or particulars required by us
- in the case of tied oil, oil removed under duty suspension or oil delivered on condition that it is received at authorised premises, the address at which the oil is to be received if this is different from the consignee’s address, and
- on any day when the rate of duty (or rebate) changes, for example Budget day, whether the fuel is charged to duty at the old or the new rate
7.14.3 Copies of delivery notes
A copy of each delivery note must be retained by the consignee. A further copy is required for a certificate to be given by the consignee to the supplier at the destination for each delivery of the following:
a. tied oil or fuel removed under duty suspension: marked ‘For HMRC use’, to be used as the certificate of receipt given to the consignor
b. fuel for shipment duty free for use on board vessels on marine voyages, or as ships’ stores to be used for the certificate of shipment
c. fuel covered by paragraph 7.11, to be used for the certificate of receipt unless an alternative procedure has been authorised, and
d. tied oil, for the consignee’s certificate, if the certificate is not given on another document.
Each copy must be clear and legible. Any copy may also be used for trade purposes. If copies required for certification under b. or c. above are endorsed for another revenue purpose, for example, VAT. The endorsement and the certificate of shipment or receipt must be separately signed.
7.14.4 Statements and particulars required
See Appendix K.
7.14.5 Time of issue of delivery notes
a. Where the document is required either to accompany the fuel or to advise particulars of the delivery to the person named in the alternative delivery document (see paragraph 7.14.6 e. below). Not later than the time of removal of the fuel.
b. Where the document is required for use as a certificate of receipt or shipment. In sufficient time to reach the destination before the certificate of receipt or shipment for the fuel is required to be given.
7.14.6 Alternative delivery documents
If, for whatever reason, the document that accompanies the fuel is not an original or copy delivery note, it must contain the following particulars:
a. a description and quantity of fuel
b. any statement at Appendix J that applies to the fuel
c. identifying particulars of the conveying ship or wagon
d. particulars sufficient to identify the delivery note for the fuel (for example, a serial number)
e. the name and address of the person who holds the delivery note for the fuel or who has a record of all the particulars required by paragraph 7.14.2 above, and
f. if the oil is tied oil, is removed under duty suspension or is delivered on condition that it is received at authorised premises, the address at which the fuel is to be received
Where the quantity of fuel is determined by dipping or weighing a vehicle or by dipping a ship, and a trader needs to remove the fuel before the quantity in litres is calculated, the dips or gross and tare weights may be shown on the alternative delivery document instead of the quantity in litres.
HMRC’s long-term agreement should be obtained as to the form of document to be used.
7.14.7 Special arrangements for deliveries by rail
For removals by rail the following minimum particulars should be advised either on a consignment note accompanying the train, by fax or email, before the expected arrival of the train:
- the number of wagons in the train
- the description and quantity of fuel
Full documents should follow within 24 hours.
7.15 Wet line contamination
Wet line delivery systems have been around for many years but the nature of the delivery system causes an issue of potential fuel contamination. Wet line contamination involves the cross contamination of road fuel with rebated fuels, which will either be red diesel or kerosene. The wet line contamination guidance covers the wet line metering system in use for trade.
8. Marking of non-road fuel
8.1 What do HMRC mean by marking?
We mean the addition of certain chemical markers and dyes to non-road fuel. These chemical markers and dyes show that the fuel has borne a lower (rebated) rate of duty.
If the markers and dyes are added before the duty is charged, the owner of the fuel pays a rebated rate of Excise Duty to HMRC when the oils are delivered to home use.
If the markers and dyes are added after this time at RRMP, we allow the owner of the fuel to reclaim a sum equivalent to the rebate.
Registered Remote Markers (RRMs) (those who mark these oils at premises other than at a tax warehouse or on behalf of the owner of the oil at RRMPs) are restricted in the types of oils that they can mark and where they can be marked.
You may not deliver marked oils as road fuels or extenders for road fuels.
8.2 Who can mark oils?
Oils can be marked only by the following persons if they have been approved by HMRC to do so:
- operators of duty suspended installations
- operators of duty paid oils terminals that are also RRMPs
- RRMs (for marking at premises other than their own)
You can find details of how to obtain approval to mark oils at paragraph 8.8.
8.3 Which oils need to be marked and what are the appropriate markers and dyes (Hydrocarbon Oil (Marking) Regulations 2002 Reg 3)
|Type of oil||Markers and dyes|
|Light oil used as furnace fuel||To each 1 million litres of light oil to be used as furnace fuel, there must be added not less than:
1.75 kg of quinizarin (1:4 dihydroxyanthraquinone) and
4 kg of CI Solvent Red 24 dye, and containing no less than 0.4 kg per 1,000,000 litres of 1-[(2-Methylphenyl) azo]-2-naphthol (CI Solvent Orange),
as described in the colour index compiled by the Society of Dyers and Colourists and the American Association of Textile Chemists and Colourists;
between 6kg and 9kg of ‘Euromarker’ = N-Ethyl-[2-(1-isobutoxyethoxy) ethyl]-4-(phenylazo) aniline with CI Solvent Yellow 124, and not less than 2.5 kg of the Common UK Fiscal Marker ((3-(sec-butyl)-4-(decyloxy) phenyl) methanetriyl) tribenzene
|Gas oil||To each 1 million litres of gas oil required to be marked there must be added not less than: 1.75 kg of quinizarin (1:4 dihydroxyanthraquinone);
4 kg of CI Solvent Red 24 dye, and containing not less than 0.4 kg per 1,000,000 litres of 1-[(2-Methylphenyl) azo]-2-naphthol (CI Solvent Orange);
between 6kg and 9kg of ‘Euromarker’
and not less than 2.5 kg of the Common UK Fiscal Marker
|Kerosene||To each 1 million litres of kerosene required to be marked there must be added not less than:
2 kg of coumarin (1:2 benzopyrone), and
between 6kg and 9kg of ‘Euromarker’
and not less than 2.5 kg of the Common UK Fiscal Marker
8.4 Hydrocarbon Oil (Marking) Regulations 2002 - Regs 14 -17 prohibitions
These regulations specify that no:
- oil may be marked except in the circumstances prescribed by these regulations
- marker may be removed from any oil
- substance calculated to impede the identification of any marker may be added to any oil
- other chemical identifier or dye other than a marker may be added to gas oil and kerosene governed by the regulations except for those falling under the waiver provision of HOMR 6, when for technical or health and safety reasons the prescribed markers are unsuitable (see paragraph 8.5.2)
- oil maybe imported for marking where any substance calculated to impede the identification of any marker has been added
- dark oil may be sold as fuel for a heavy oil vehicle - dark oil is any oil which is sufficiently dark to prevent the prescribed colouring substance from being readily visible if present in the oil
8.5 Do oils that are relieved of duty need to be marked?
No. There are some instances where we allow delivery of oils without requiring the oils to be marked. These include oils that are fully relieved of duty and are not subject to a rebated rate. Certain rebated oils can be delivered under a marking waiver.
8.5.1 Tied oils
If the oils are to be put to certain industrial uses, they can be fully relieved of Excise Duty. In these circumstances they are referred to as ‘tied oils’. More information about the tied oils scheme can be found in Notice 184A: mineral oil put to certain use - Excise Duty Relief. Gas oil and kerosene intended for industrial use need to be marked, unless they qualify for marking waiver. See paragraph 8.5.2 for how to apply for a marking waiver.
8.5.2 Marking waiver
There is a provision under HOMR 6 to waive the requirements for marking if we are satisfied that the marking of oil would create technical or health and safety problems. If you supply unmarked oils under the authority of a marking waiver, you must keep a record of each authority at each set of premises from which you deliver unmarked/un-dyed rebated oils to authorised persons. An example would be rebated heavy oil used for the bench testing of engines. We may allow a marking waiver for the rebated gas oil or kerosene to be used in such testing provided that the recipient of the oil can show that marking would be detrimental to the intended use.
For the testing and calibrating of engine fuel systems where the oil is not combusted, we would not consider this to be a fuel use. In these circumstances full relief is given under the tied oils scheme.
8.5.3 Applications for marking waiver
If you are the user of the oil concerned, please apply in writing. You will need to show us why you need a marking waiver. We will then provide written permission which you can then show to the supplier as proof that you are eligible to receive unmarked rebated oil. Please write to:
Mineral Oil Reliefs Centre
Benton Park View
If you have a question about this, contact our Helpline on 0300 200 3700.
This letter must state:
- the address where the oil will be stored and used
- all the uses to which rebated gas oil or kerosene is to be put
- the particular use or process in which the marked oil would not be suitable, with specific substantiated reasons why marked oil is unsuitable for such purposes
- the sources of supply of the oil and how it is received and stored (for example, in drums, by road tanker into storage tanks)
- the frequency of receipt and the average quantity received on each occasion
- the estimated annual usage of rebated gas oil and kerosene for all purposes and for the purpose of the process in which marked oil is considered to be unsuitable
- whether there will be any recovery of the oil after the process, the manner of its further treatment, and by whom
- its disposal
The application should also state whether the user of the oil operates any heavy oil road vehicles or keeps stocks of heavy oil road fuel.
If we give approval, we will review it on a periodic basis. Any variation to the approval needs to be authorised by HMRC, and we will issue an updated approval letter. Any lapsed or revoked approvals should be returned to us.
8.5.4 Aviation turbine fuel (Avtur)
Avtur is unmarked kerosene which is intended for use in aircraft engines. Avtur must comply with strict quality standards which preclude the addition of any statutory marker. Avtur is therefore delivered under a general marking waiver. Notice 179A: Avtur gives more details of the treatment of Avtur for duty purposes.
Additionally, marking of oil is not legally necessary if the oils are fully relieved because they are:
- delivered for exportation under duty suspension
- shipped as foreign-going ships’ or aircraft stores
- shipped under duty suspension for use in the machinery of vessels engaged upon marine voyages
- removed for use by a general lighthouse authority or by United States or other NATO (but not UK) forces for official use
- delivered as duty free samples
- arrangements have been made with the USAF under which all gas oil supplied to them under this paragraph will be marked - contracts for these supplies are renewable annually, normally with effect from 1 July - these arrangements don’t extend to oil delivered for Army and Air Force Exchange Service (AAFES) use, which is the subject of a separate contract and continues to be supplied unmarked
8.6 Can I use a composite solution to mark oils?
If you wish, you may add composite solutions. These are fiscal markers pre-packaged in the correct quantities with a carrying solution so that they need only be added to a pre-determined amount of oil to mark it correctly. These are commercially available, and are usually known as GOMC (gas oil marker concentrate) and KMC (kerosene marker concentrate). You should follow the manufacturers’ instructions to make sure that the concentrations shown above (paragraph 8.3) are met.
8.7 How to claim credit of duty if duty paid GOMC is used to mark duty suspended oil
You must keep a record of the quantity of duty paid GOMC added each day to duty suspended gas oil, and use this record to support a claim to credit of duty. You should enter on form HO10 section 2b the quantity of GOMC needed. We may allow retrospective claims if we are satisfied that the GOMC has:
- been received duty paid
- been used to mark gas oil in duty suspension
- not previously been claimed
For claim purposes you must establish that all of the GOMC has borne duty at the rebated gas oil rate (tax type 556). You must not claim where GOMC is:
- received on duty suspended terms into a duty suspended installation
- used at RRMPs (GOMC will be delivered at the rebated rate of duty)
- added after the duty meter
- used to mark duty paid stock
8.8 Applications for approval to mark oils, or to deliver oils under a marking waiver
|If you are:||and you want to mark oils, or deliver them under a marking waiver, then you will need|
|the operator of a duty suspended installation||approval to mark oil, or deliver oil under a waiver, as part of your warehouse approval|
|the operator of a duty paid terminal||registration of the premises as a Registered Remote Marking Premises (RRMP)|
|marking oils other than your own||registration as a Registered Remote Marker (RRM). You cannot deliver oils under a marking waiver or submit claims for duty repayment.|
If you are not approved by HMRC to mark oils, you may be committing an offence if you add fiscal markers to oils (HOMR 14 (1)).
If you are the operator of a duty suspended installation, then you will need to write to HMRC giving the details at Appendix L. If you are the operator of a duty paid terminal seeking approval as an RRMP, then you need to apply to HMRC by completing form HORRM.
RRMs: if you wish to mark oils other than your own and are seeking registration as an RRM, you will need to submit a business case supporting your application. You will have to establish that there is a commercial and operational need for you to be registered. In addition to the security of the revenue, we may require you to address certain health and safety considerations.
Where oil has already borne duty and has been set aside for one use, but has been ‘rebranded’ for another use, it can be marked for RRMP, rather than having to be returned to a warehouse for marking or reprocessing. For example:
- contaminated oil may be marked for use as rebated gas oil - please note that HMRC cannot pay a credit of duty in these circumstances, because an RRMP is not a tax warehouse - for a credit of duty to be allowed, the fuel must be returned into duty suspension
- Avtur that is off-spec, contaminated or unwanted can be marked for use as heating kerosene
We will only issue approval for you to mark certain types of oil at specified premises.
8.9 How will I know if I have been approved to mark oil?
We will issue you with a registration certificate if your application has been successful.
8.10 What conditions must I observe?
The conditions of registration to mark are listed at Appendix M. You must observe all of the conditions laid out in your registration certificate, the law, the supporting regulations, and any directions given by HMRC.
HOMR 2002 includes the following requirements:
- storage of markers: markers must be separated, identified and the stock checked and recorded monthly (Reg 10)
- storage of marked oil: marked oil must be stored separately from unmarked oil (Reg 11)
- labelling: any drum, storage tank or other container or any delivery pump or pipe must bear an indelible notice to the effect that it contains or is a delivery point for marked oil and such oil must not be used as road fuel (Reg 12)
The Hydrocarbon Oil (Registered Remote Markers) Regulations 2005 include the following requirements:
- measurement accuracy: you must comply with the measurement accuracy requirements specified in section 4 (Reg 8 (2))
- record keeping: you must comply with the record keeping requirements specified in section 13 (Reg 8 (2))
If you fail to comply with the conditions of your registration, we may:
- refuse to pay the rebate
- charge the unrebated rate of duty in certain circumstances
- reduce** the amount of rebate which we allow in certain circumstances
- withdraw your registration to mark oils
You should closely examine the conditions of your registration and be fully aware of your obligations.
Once you have been registered, you may need to advise HMRC of your intention to mark oils. We will advise you if this is the case and explain why it is necessary.
**Reduction of the amount of rebate allowed, or the repayment of an equivalent sum to HMRC, occurs when we find evidence of repeated or serious under-marking.
8.11 What are my responsibilities?
These fall into two areas: ‘procedures’ and ‘equipment’.
If you mark oils, you must make sure that:
- the marking operation is properly supervised
- you regularly check that the marking equipment is secure from interference, properly calibrated, and in good working order
- your staff are aware of the implications of marking, and that they have been trained to perform the physical and accounting operations correctly
- marked oils are regularly sampled and tested on a basis agreed with HMRC to make sure that they have been properly marked - you should use a Lovibond Comparator (gas oil), or Flourimeter (kerosene), and support your findings by accredited laboratory analysis where possible
- delivery notes must conform to the requirements of HOMR 2002 Regulation 13, summarised below
The delivery note must bear a statement that the oil is not to be used as road fuel. Additionally, suppliers of marked light oil should also state that the oil is only to be used as furnace fuel. Suppliers of tied oils must state that the oil is not to be used as fuel in any engine, motor or other machinery or as heating fuel.
- you have agreed with us emergency marking procedures if your equipment breaks down
This procedure should make sure that your staff are clear about their responsibilities. You should quickly repair defective equipment. This procedure, and the reason for it, is recorded in a format agreed with HMRC. It specifies the alternative method of marking which will be used while action is taken to repair defective equipment. We prefer the adoption of an emergency procedure that involves marking oil in bulk by direct addition of marker into storage tanks. Only in very exceptional circumstances will we accept a procedure which involves marking oil by the manual addition of composite solution to the tanks of delivery wagons, and then only for a very short time in the interests of safeguarding the revenue. This is because such arrangements pose a serious risk to the revenue.
We accept the following methods of marking oil. They are listed in order of preference.
In-line on receipt to main storage
Injection equipment injects the composite marking solution into pipelines, in small quantities at frequent intervals during oil movements. The equipment falls broadly into 2 categories - automatic and non-automatic/semi- automatic.
This equipment incorporates a metering mechanism to inject the correct proportion of composite solution at varying rates of flow. It is used on small lines up to about 50 mm diameter. When used in conjunction with a larger line, the equipment may be fitted to a small-diameter bypass line. The injector is adjusted so that the proportion of composite solution is correct for the total quantity of oil passing through both lines.
A positive displacement meter is required to operate the equipment and the delivery meter is used. It is coupled either mechanically or pneumatically to an injector pump and the pump piston is activated by the turning of the meter rotor. Composite solution is fed to the injector pump from a header tank. By adjustment of the length of the piston stroke, a pre-set volume of solution can be injected at each stroke into the line upstream of the meter. The proportion of composite solution to oil thus remains constant for varying rates of flow.
This equipment is used in larger pipelines where automatic metering devices would not be sufficiently reliable. It is used for adding composite solution during bulk movements of oil, for example, in jetty lines, or in transfer lines at refineries or warehouse installations.
Non-automatic/semi-automatic injection equipment normally consists of the following:
- a storage tank for composite solution
- a subsidiary tank into which a calculated quantity of composite solution can be drawn off from the storage tank - this must be sufficient to mark correctly the quantity of oil involved in the bulk movement - alternatively a meter can be used to measure the composite solution drawn off from the storage tank - the meter may have a control or automatic cut-off valve set to operate when the calculated quantity has been drawn off
- a proportioning pump which is fed from the subsidiary tank, or directly from the storage tank via the meter, and which injects the composite solution into the main pipeline - the rate of operation and/or the length of the piston stroke can be varied either semi-automatically or manually to make sure that the calculated quantity of composite solution is added uniformly during the movement of the oil
In bulk direct into main storage.
You must make sure that oils marked in this manner are uniformly mixed and that layering doesn’t occur.
In-line on removal from main storage to segregated storage.
By injector on delivery from a producer’s premises by ship, rail, and pipeline
If you wish to mark by injector to road gantries, or in-line to drum filling lines, you must seek approval from HMRC. We will need to be satisfied that revenue risks are addressed.
If you wish to use air-operated injectors, please discuss with HMRC.
We normally allow hand marking only in emergencies.
Marker storage tanks
It must be possible to measure accurately the usage of small quantities of composite solution. If the method of taking account of the daily usage of marker solution depends on dipping the marker storage vessel, the rod or tape calibration must be accurate enough to relate daily usage to the quantity of oil marked. If existing arrangements are unsatisfactory, you will be asked to consider one of the following means of improving them:
- fitting a smaller tank
- dividing the existing tank into compartments
- reducing the quantity represented by a 2 mm dip, for example, by up-ending a lying cylinder; or fitting a meter in the marker solution feed line
8.12 Segregation of marked and unmarked oils
Legally, the presence of markers in gas oil and kerosene is conclusive proof that the oils have borne the rebated rate of Excise Duty. It is important that marked oils do not contaminate unmarked oils.
We prefer line systems for the movement of marked and unmarked oils to be separate. However, we do not object to the use of a common line, provided:
- the degree of contamination of the unmarked oil is likely to be minimal
- there is no significant diminution of the marker content of the marked oil
Some cross-country pipelines transport both marked and unmarked oils. If you receive marked oils by pipeline, you must make sure that no marked oil (including interfaces) is allowed to contaminate unmarked oil. Provided that the oil is properly marked before delivery, interfaces may be:
- flooded into appropriately marked oil, or set aside for marking
- injected into a subsequent receipt
You may use the same procedure to deal with mixtures of marked and unmarked gas oil arising from the clearance of warehouse lines.
In exceptional circumstances we may allow kerosene delivered as Avtur to be marked, and re-designated as marked kerosene - see paragraph 9.13.4. This is intended to be a temporary solution which is solely to overcome significant and unforeseen operational problems.
You must obtain our authorisation before doing this, and you will need to satisfy us that there is an operational need.
8.13 What should I do if I have delivered unmarked or under-marked oils?
If oil, which has been duty paid at a rebated rate, has been delivered in error or by accident without satisfactory marking, you will not be given permission for markers or dye to be added to oil outside approved premises. To do so would reduce emphasis on the responsibility of the importer or warehousekeeper to mark properly as a precondition of delivery on rebate of duty. It would also require additional official control and would provide an opportunity for malpractice.
You could be liable to pay the full rate of duty on oils that have been delivered unmarked or under-marked. If possible you should arrange for the oils to be returned to either:
- the original marking premises
- any other approved RRMP
The oils should then be properly marked and an HO9 submitted, if one has not already been submitted.
You should agree with us:
- the format in which records of such incidents are to be kept
- whether there is a need to notify us of such incidents
If it’s not possible to have the product marked, you should consult HMRC.
8.14 What is the procedure for the importation and exportation of marked oil?
8.14.1 Importation of marked gas oil or marked kerosene from outside the EU
On the importation of gas oil or kerosene marked outside the UK and conforming to UK marking requirements, the import declaration (whether for duty payment or warehousing) must be coded as directed in the Tariff, Volume 3.
Gas oil or kerosene marked outside the UK but not conforming with UK marking requirements may be declared for warehousing and removed to a warehouse so that marking (and, in the case of gas oil, dyeing) may be adjusted to the prescribed UK standards. The importer’s declaration must include the nature and proportions of all additives present in the oil.
Gas oil or kerosene may be imported into remote marking premises and either marked on receipt, or subsequently, or in exceptional cases (paragraph 8.5.2) be delivered under a marking waiver. At importation, the duty must be paid at the un-rebated rate (tax type 541) and rebate on the quantity marked may be claimed by completion of form HO9. Traders who don’t have duty deferment approval, for oils delivered from duty suspended warehouse, and therefore cannot claim on form HO9, should ask the Helpline on 0300 200 3700 how that claim should be made.
8.14.2 Importation of marked gas oil or kerosene under duty suspension from within the EU into excise warehouse in the UK
On the importation of gas oil or kerosene marked outside the UK, and to conform with UK marking requirements, you should indicate that you are importing marked goods on the EMCS system by making the following statement: ‘The above consignment of/containing gas oil (or kerosene, as appropriate) has been marked abroad to conform to the marking provisions of the current UK Hydrocarbon Oil Regulations’.
8.14.3 Importation of marked gas oil from within the EU by a Registered Consignee (RC)
On the importation of gas oil marked outside the UK and conforming to UK marking requirements, you should indicate that you are importing marked goods on the EMCS system by making the following statement:
‘The above consignment of/containing gas oil has been marked abroad to conform to the marking provisions of the current UK Hydrocarbon Oil Regulations’ and signed and dated.
Gas oil may be imported into remote marking premises and either marked on receipt, or subsequently, or in exceptional cases (see paragraph 8.5.2) be delivered under a marking waiver. On receipt, the duty must be accounted for by the RC at the un-rebated rate (tax type 541) and rebate on the quantity marked may be claimed by completion of form HO9. The RC must declare on EMCS, or elsewhere as agreed with HMRC, the nature and proportions of all additives present in the oil. Traders who don’t have duty deferment approval for oils delivered from duty suspended warehouse, and therefore cannot use form HO9, should ask HMRC how that claim should be made.
8.14.4 Importation of marked kerosene from within the EU by an RC
RCs wishing to import marked kerosene from other member states should seek guidance from HMRC.
8.14.5 Exportation of marked gas oil and marked kerosene to the Republic of Ireland
The Republic of Ireland has different marking requirements from those in the UK. Special restrictions are in force, and any trader wishing to export gas oil or kerosene marked in accordance with those requirements should inform HMRC prior to exportation.
8.15 What should I do if I no longer require registration to mark oils?
Tell us in writing, and we will then withdraw your registration.
8.16 What happens if I mark oils infrequently?
We may ask you to justify your need to have an approval. It may be more appropriate for you to apply for ‘one off’ approvals for future infrequent or emergency markings.
If we allow you to retain your approval, we will monitor the frequency of marking and may withdraw your approval if infrequent use continues.
8.17 How do I claim a rebate of Excise Duty when I mark oils at RRMPs?
8.17.1 What form do I complete?
You must complete form HO9 for each batch of oil marked at, or delivered under a marking waiver from an RRMP. This form, which is in 2 parts, is how you claim a rebate of duty. Alternatively, we may authorise you to list, on a monthly schedule, the details required on form HO9. Claims must be based on the measurement of each batch of oil actually marked or delivered under a marking waiver (see note below).
8.17.2 What happens next?
After you have completed the marking, or have delivered oil under a marking waiver, you must send the original form HO9 to the warehousekeeper at the duty suspended warehouse from which the oil was supplied. Alternatively, on the instruction of the deferment approval holder, you should send it to a CAP. You should retain the duplicate form HO9 at the marking (or marking waiver) premises.
The original form HO9 will provide evidence to claim rebate of duty. It is in your own interest to make sure the safe custody and timely transmission of the document. If you fail to supply the necessary information to support a claim for rebate of duty the payment may be delayed or we may refuse the claim.
When the original form HO9 is received at the despatch warehouse or CAP, Part 2 of the form must be completed and relevant details entered on the HO10 form as a credit for the amount of rebate claimed. You must balance the stock account for each substance or solution at the end of each month as a check that the rate of use is consistent with the quantity of oil marked. Any evidence of under-marking should be reported to HMRC promptly.
Form HO9 must then be forwarded to us in accordance with locally agreed procedures.
8.17.3 Are there any special conditions that I must observe?
You must be able to satisfactorily demonstrate that duty has been paid on product for which you are claiming rebate and the delivery documentation must identify whether the product supplied is marked or unmarked. This is especially important where a supplier has been unable to meet an original order due to operational difficulties, or where the oil has been obtained under an exchange partner deal. In cases of doubt you should sample and test product for marker content. You cannot take rebate of duty as a set-off in a duty deferment accounting period earlier than that in which the oil was delivered unmarked from UK warehouse at the unrebated rate of duty.
The same applies if the oil was originally imported (via an RC or otherwise). Claims to rebate cannot be set-off in any accounting period before the duty charge (at tax type 541) has been accounted for. Since import accounting periods differ from the RC accounting periods, and both differ from the ex-warehouse accounting period for oils (see paragraph 10.6), particular care is needed to avoid a breach of this requirement. You must make sure that:
- all product for which a rebate of duty is claimed has been marked in accordance with the marking regulations or has been delivered under a current marking waiver - if you fail to do so, we may refuse the rebate and may withdraw approval for remote marking
- the rebate payable on marking is at the rate appropriate at the time of delivery of unmarked product from duty suspended warehouse - where duty rates or amounts of rebate are varied by Budget or Economic Regulator changes, accounting arrangements such as an exhaustion account must be agreed with us to make sure that rebate is claimed at the correct rate for the oil when it was supplied
Note: the law permits duty payment at rebated rates in respect of the oil actually marked. We accept that for the following reasons it may not be possible to relate a particular rebate claim to the volume of oil on which duty was originally paid:
- losses (and occasionally gains) in transit - the volume marked may differ from the quantity on which duty was originally paid
- STA - the requirement to convert ambient volume to standard litres may further distort the volumes on which duty is reclaimed and on which duty was originally paid
- the volume marked may not be directly related to a specific duty paid parcel, a large duty paid parcel may subsequently be marked as several smaller parcels - alternatively, several small duty paid parcels may be marked as one large parcel
8.18 Can I claim credit of duty on the markers that I use?
We do not allow credit of duty on markers used at RRMPs. Duty credits only apply where oil is marked prior to the duty point. This avoids double taxation of the marker.
8.19 What oils can I mark?
If you have been approved as a warehouse/producer or as a Registered Remote Marker (RRM), you can mark those fuels specified in your approval letter or RRMP registration certificate.
9. Cross-country oil pipelines
9.1 Which pipeline systems does this part of the notice cover?
This section provides guidance for operators and shippers using cross-country oil pipeline (CCP) distribution systems where the cycle of duty paid oils transported gives rise to interfaces containing a mixture of oil products on which duty has been paid at different duty rates.
It does not apply to pipelines used to import fuel products (see paragraph 3.2).
9.2 What is the law on the mixing of oils in pipelines?
The law is the Hydrocarbon Oil (Mixing of Oils) Regulations 1985 made under section 20A of The Hydrocarbon Oil Duties Act 1979 (HODA). These regulations:
- provide the legal basis to approve pipeline operators and shippers for the mixing of duty paid oil as the result of movements through CCPs
- impose conditions relating to adjustment of the duty payment
9.3 What is the HMRC interest in the movement of oil by CCPs?
CCPs transport a variety of different oil products through the same pipeline without physical separation in quantities known as parcels and in a sequence known as the product cycle. The point where 2 different products meet and merge in the cycle is known as the interface.
Interfaces arise at ingress (entry) points and at most egress (exit) points in pipeline systems. They are usually removed from the pipeline into temporary storage tanks according to their flash point and re-injected into compatible product where they adopt the character and duty status of the product into which they are injected. Interface storage tanks are normally designated as either ‘high flash’ which is the equivalent of heavy oil, or ‘low flash’ which is the equivalent of light oil. Some interfaces are pumped direct from the pipeline, wholly or partly, into main storage at egress points. Occasionally, the interface mixture is removed from interface storage tanks and returned to the fuel producer’s duty suspended premises.
9.3.2 Revenue accounting interest
There is an industry need to adjust the duty charged on an interface mixture consisting partly of product duty paid at one duty rate and partly of product duty paid at another duty rate, to make sure of equity between shippers. For example, where an interface mixture consists of fuel of 2 different duty rates and the whole interface is re-injected into the higher rate fuel, additional duty is chargeable on the lower rate element of the interface. However, a credit of duty is allowed on the higher rate element of interface material re-injected into lower rate fuel.
9.4 What is the procedure for obtaining approval to mix oil in pipeline systems?
HODA forbids the mixing of certain oils without our permission. As recognition that oils necessarily mix during transportation by pipeline we issue a pipeline mixing approval to pipeline operators and shippers.
Each operator of a CCP and each shipper of oil through a CCP must apply to HMRC by letter for approval to mix oil in a pipeline system. The application is to be made in the terms specified at Appendix N.
We will issue approvals by letter to both operators and shippers. Approvals will be in respect of specific oil products for mixing in the named pipeline system. Each approval will be subject to the conditions listed at Appendix O. Pipeline operators and shippers must give an undertaking to observe the approval conditions and to submit returns (see paragraph 9.8).
9.5 Must I notify changes?
Major changes to the pipeline system affecting any item in the approval must be notified to HMRC by the operator or shipper concerned. The pipeline operator may advise on behalf of the shipper.
9.6 Guidelines on the operation of CCP systems
It is important that the shipper, the CAP and HMRC have a full understanding of the pipeline adjustment system. Operators must provide information on CCPs, preferably in the form of a user manual, to assist both shippers (in discharging their revenue responsibilities) and HMRC. Shippers must also obtain from the operator details of the pipeline system used.
9.7 What is the pipeline duty adjustment procedure?
The calculation of additional duty due or credit of duty allowable as a result of re-grading of interfaces, is based on the industry’s method of adjustment of over and short deliveries between shippers in pipeline systems. The method used is to relate all deliveries from the pipeline system, including re-graded interfaces, back to the original receipts into the system from the fuel producer’s premises where the duty charge occurred, in litres. The original duty charge for each product is then adjusted up or down according to the increase or decrease in the quantity received into the system.
To allow for temperature and measurement difference, each monthly delivery figure for each product, and for each shipper, is first adjusted to bring it back to a calculated receipt figure by applying a factor derived from the formula:
Total receipts into pipeline (adjusted for any stock difference) divided by total deliveries out of the pipeline
This factor is known as the pipeline system measurement ratio.
The calculated receipts are then compared with the actual receipts for the month, by product, and by shipper (after allowing for opening and closing stocks) and a debit or credit quantity is calculated for each. These quantities are extended by duty rate to give a debit or credit duty amount by product, by shipper.
9.8 Must I submit returns to HMRC giving details of oil mixed and of duty adjusted?
The pipeline operator must prepare 2 returns (known as the DAS):
- return A for the pipeline system as a whole
- return B for each shipper on the system
These returns must contain the information required by paragraph 9.7 and must show the additional duty due or the credit of duty allowable. There must be an adequate audit trail. We don’t produce pre-printed forms; pipeline operators should produce their own return forms either manually or by computer. The pipeline operator must distribute the completed returns as follows:
Return A (system) - original to HMRC officer who visits the pipeline operator- duplicate to be retained Return B (shipper) - original to shipper- duplicate to be retained
In single shipper pipelines where the pipeline operating company is also the shipping company, only return A is required.
9.9 What is the accounting procedure?
Returns must be prepared for each calendar month and must be despatched in sufficient time to reach the shipper by the 15th of the following month.
Shippers must enter the debit or credit adjustment of quantity and duty for each product line in the deferment period accounts in which the last day of the return falls.
9.10 Duty paid ingress locations
Some pipelines have an ingress that is at a duty paid storage premises. The duty adjustment procedures for such duty paid storage sites must take into account stock movements at Budget dates. Movement of product duty paid at the pre-Budget rate must continue to be adjusted at pre-Budget rates until such stock is exhausted.
9.11 What are the responsibilities of pipeline operators?
Pipeline operators are responsible for ensuring the completeness of the data used to prepare the duty adjustment statement and accuracy in the preparation of the statement. Pipeline operators who control the issue of the meter tickets or outturn reports are also responsible for the accuracy and completeness of the systems that generate these documents.
9.12 What are the responsibilities of shippers?
Shippers are responsible for ensuring the accuracy and completeness of any meter tickets and outturn reports they provide to the pipeline operator for the preparation of the duty adjustment statement. Shippers are also responsible for ensuring the accuracy and completeness of any duty adjustment made by them as a result of pipeline movements and any duty liability/rebate arising from product removed or delivered from the pipeline system.
9.13 Can pipelines be approved as warehouses?
Cross-country pipelines linking duty suspended installations may be separately approved for the transportation of oil that is duty suspended under the Customs and Excise Management Act 1979 (CEMA), section 92, subject to conditions. The approval conditions will be similar to those of an ordinary oil warehouse and will refer to the types of oil that may be transported duty suspended, to any security for duty if appropriate (see section 3) and to accounting requirements.
9.13.2 Application for approval
Application for approval (see paragraph 3.8.3) should be made by the owner of the pipeline, or by the operator where ownership is vested in the Crown.
9.13.3 Approved mixing
Some cross-country pipelines may be approved as pipeline warehouses for the transportation of certain oils duty suspended and the same pipeline may also transport oils duty paid. Mixing approval will be required in these circumstances.
9.13.4 Redesignation of Avtur as marked kerosene
Rebated kerosene may only be delivered unmarked for aviation use. In other circumstances, kerosene that is unmarked must be delivered with duty paid at the unrebated rate - tax type 541. This applies also to Avtur at the front of a pipeline movement which is designated as kerosene - usually referred to as a ‘buffer’ volume. A repayment of the rebate may be claimed when the product has been marked at an RRMP at its destination.
If, as a result of exceptional demand for marked kerosene for heating or a temporary operational problem, you wish to divert unmarked kerosene (including Avtur) for the product to be remotely marked, you must first obtain the authority of HMRC. You will need to satisfy us that there is an exceptional operational need for this facility and provide an estimate of the volumes involved.
Where we agree to the diversion of unmarked kerosene, our authorisation will be time restricted for agreed volumes and will be subject to review. We will also advise you of specific record-keeping requirements.
10. Deferment of Excise Duty
This section explains what duty deferment is, and how to apply for approval to defer payment of Excise Duty.
Details of VAT procedures for warehoused goods are given in section 15.
10.2 What is the relevant law?
Section 127A of CEMA, section 21 of HODA, and the Excise Duties (Deferred Payments) Regulations 1992 (SI 1992 No 3152) provide that the payment of Excise Duty on fuel may be deferred subject to certain conditions imposed by HMRC.
10.3 What is the scope of this part of the notice?
The conditions and requirements set out in this part of the notice apply to fuel and goods containing that fuel being delivered for UK use from a duty suspended warehouse or entered premises.
Although CEMA refers to excise warehouses, the Hydrocarbon Oil Regulations 1973 (HOR) allow entered premises to be treated as though they were excise warehouses in relation to the Excise Warehousing etc Regulations 1988 (EWER) Reg 15, 16 and 17. Regulation 16 contains a provision for removal when duty is paid by duty deferment, and this is confirmed by Regulation 5 of the Excise Duties (Deferred Payment) Regulations 1992.
The conditions and requirements apply to all persons approved to defer the payment of duty.
10.4 Who can defer payment?
You can defer payment if you’re:
- an importer of fuel
- an owner of fuel in a warehouse or free zone
- an agent (including a warehousekeeper) who enters goods for importers or owners
If successful, you will be given a Deferment Approval Number (DAN). This will allow you to defer duty on your own goods or on behalf of another deferment account holder. You must then account for the duty on the monthly HO10 form.
For further information on deferment please see Notice 101: deferring duty, VAT and other charges. If you need help completing it contact the Helpline on 0300 200 3700.
10.5 Where can I get an application form?
Application forms are available from GOV.UK. if you need help contact or you can contact the Helpline on 0300 200 3700.
10.6 What are the accounting periods for duty deferment?
10.6.1 Excise Duty on fuel delivered ex-warehouse to home use
The deferment period for Excise Duty is from midday on the 15th day of each month to midnight on the 14th day of the following month. Payment day is the last business day of the latter month, although if you pay by direct debit (see paragraph 10.6.2), you will need to arrange for earlier payment in order to meet the deadline, because the process takes longer. Payment is to be made in accordance with section 11.
Warehousekeepers should generally maintain stock accounts that run from 15th of the month, to month end, and then from the 1st of the month to the 14th.
10.6.2 Customs Duty and VAT
The deferment period for Customs Duty and VAT is the calendar month. Payment day in both cases is the 15th day of the following month. Payment is to be made by Bacs direct debit. However, HMRC cannot collect direct debits in excess of £20 million. If you have a payment to make which exceeds £20 million, you need to make arrangements with your own bank to make sure payment reaches HMRC by the due date, using an alternative method of payment such as CHAPS.
If payment is due on a non-business day, payment day will be the next business day, see Notice 101: deferring duty, VAT and other charges.
10.6.3 Excise Duty on receipt of oils RCs
The deferment accounting period for RCs is the calendar month. Payment day is the 15th day of the following month.
More details of the RC scheme are given in Notice 203A: registered consignees.
10.7 What application forms must I use?
You can obtain application forms from the GOV.UK website or by phoning the Helpline on 0300 200 3700. A set of application forms for mineral oils ex-warehouse comprises:
C1200 - Application form
C1201HO - Guarantee (oil ex-warehouse)
C1201 - Guarantee (Excise, VAT, Customs)
C1202 - Direct debit mandate
Note: applicants must make clear on form C1200 that the type of deferment approval required is delivery from a fuel warehouse.
10.8 What security is required for the duty?
Simplified duty deferment guarantee arrangements which can reduce the security level required to nil have now been introduced. The Excise Payment Security System (EPSS) has replaced the Excise Duty guarantee system. The Customs and Excise Management Act (CEMA) 1979 section 127A allows HMRC to arrange for the deferment of the excise duties on prescribed goods under regulations or by any other means. The Excise Duties (Deferred Payment) Regulations 1992 provide that security for the duty shall be required in such form and manner as HMRC may require.
Since 1 February 2007, anyone making deferred payments of excise duties when goods (alcohol, tobacco and oils) are removed to the UK home market from an excise warehouse or upon importation, has been required to provide an Excise Duty guarantee.
However you may become authorised to defer or make payments without a guarantee, providing that you meet certain eligibility and authorisation criteria. Details of EPSS can be accessed via our website.
You can apply for authorisation if you are seeking deferment approval, or if you already hold a guarantee to defer payments of Excise Duty. Application forms are available from the GOV.UK website or can be obtained from the Helpline on 0300 200 3700.
Once completed the application form should be sent to:
EPSS Authorisation Team
8 Ruby Place
The EPSS authorisation team may be contacted on 03000 521242.
If you are still required to provide financial security (a guarantee) in order to defer your payment of fuel duty using form HO10, it must be sufficient to cover one month’s maximum duty liability up to a cap of £9.5 million. (Note: this is the requirement at the time of publishing, which may be subject to change.)
The guarantee limit will be notified by the MORC. However, please note that your guarantor can still be liable for up to twice the monthly amount shown on the guarantee see Notice 101: deferring duty, VAT and other charges.
10.9 What are the guarantee procedures?
Where required, guarantees must be lodged with the Central Deferment Office (CDO) on form C1201HO and must be given by an approved bank or insurance company. The guarantee is additional to, and separate from, any other security required (for example, security for goods, premises, or deferment ex-ship).
Approved persons with ex-warehouse deferment account numbers who are in danger of exceeding their secured liability at any time must immediately seek further directions from HMRC.
10.10 What if I anticipate exceeding my guarantee limit?
Unless the guarantee is capped at £9.5 million, then it is your responsibility to make sure that the level of the guarantee is sufficient to meet the business’s requirements. If an unexpected increase in trading activity occurs which may cause your guarantee limit to be exceeded, the following options are available within the period in question:
- increase the overall guarantee level
- provide a supplementary guarantee for that deferment period
- restrict deliveries in the period in line with the existing guarantee level
- request the use of the warehousekeeper’s deferment approval (if an independent warehousekeeper is involved)
- exceptionally, restrict the net deferred duty due (for inclusion in that period’s HO10) to an amount not greater than the existing guarantee level, and then continue trading for the remainder of the period outside the deferment arrangements - if this option is preferred, deliveries from warehouse must be pre-entered on form W50 (see paragraph 11.1c)
Where an overall guarantee limit is accidentally exceeded, the deferment account holder must immediately ask their local officer for instructions.
10.11 What happens when I have submitted my application?
Before your application can be processed, HMRC must undertake certain checks in order to make sure that your business meets our conditions in relation to deferred duty accounting. We will contact you shortly after receiving your application to arrange for one of our officers to visit your business accordingly.
10.12 Do HMRC issue an approval number?
We will aim to process applications within 30 days of receipt, although it is important to note that this may take longer if we have difficulty in arranging a visit or obtaining relevant information. You should make sure that your application is submitted at the earliest opportunity to allow as much time as possible to complete the approval process. When an application has been processed, we will issue a certificate of approval showing the DAN.
Note: DANs were given a new format to be used from April 2018 in all correspondence. The new format begins with X and in total has 15 characters.
10.13 What is the procedure where the warehousekeeper acts as an agent?
Approved persons may authorise warehousekeepers to complete the deferment documentation, and charge duty on their behalf to the approved person’s duty deferment number.
The approved person is responsible for paying the duties deferred under the terms of the approval.
Warehousekeepers should make sure that they have authorisation from the approved person before releasing oils to clients under these arrangements. If they are in doubt they should consult us before delivery of the oil.
For further information, see Notice 101: deferring duty, VAT and other charges.
10.14 What is the procedure for goods delivered on duty payment from a motor or heating fuel duty suspended warehouse?
A deferment trader’s liability may be spread over a number of approved premises, but the total amount deferred will be calculated at a Central Accounting Point (CAP). For traders at a single warehouse, the warehouse will normally be the accounting point.
10.14.2 Allocation of guaranteed sums to sites
Following the introduction of EPSS and the new system for calculating guarantees (see paragraph 10.8), deferment holders with EPSS approval may no longer need to allocate a proportion of the secured duty liabilities to each duty suspended warehouse from which they deliver oil to home use.
Holders of guarantees capped at the £9.5 million limit are no longer required to split them between different sites.
For those not subject to the £9.5 million cap, the total of all allocated guarantee levels must not exceed 100% of the approved person’s total secured duty liabilities.
In the case of warehousekeepers acting as agents, warehousekeepers must be notified in writing, email or fax of the amount allocated and they may deliver oil up to this amount provided they hold a valid authorisation.
Notifications must confirm that the total amount of the approved person’s secured duty liabilities has not been exceeded as a result of the allocation.
Approved persons must maintain a permanent record of allocations at their CAP and you should make this record available to our staff for examination when requested.
Any change in the amount allocated to a duty suspended warehouse must also be notified to the warehousekeeper in writing. Increases in allocations at one or more warehouses may require an offsetting decrease elsewhere also requiring notification, to maintain the total of allocations at no more than 100% of the approved person’s duty liabilities. The CAP records are to be amended accordingly.
10.14.3 Recording duty due during an accounting period and at period end
Warehousekeepers and fuels producers must maintain a record of all their deliveries under duty deferment arrangements from duty suspended premises to make sure that, where guarantees are in place, their level is not exceeded. Those warehousekeepers whose liability is not capped at £9.5 million of duty due must adjust the available periodic balance for each DAN accordingly.
To allow approved persons to calculate their total deferred duty due, warehousekeepers, including those acting as agents, must total the deferment account for each DAN within 3 working days from the end of the duty deferment period. They must also notify the deferment holder’s CAP of the duty liability due (or claimable) in connection with that DAN at that warehouse.
This notification is to be accompanied by a schedule showing the total quantity of oil of each description delivered on his behalf on deferment during that period. Copies of each liability (duty payment or claim) notification and the accompanying schedule are to be sent to our officer at:
Large Business Oil and Gas CITEX Team
5th Floor SW
The schedule must be sub-divided under heavy oils, light oils and other duty headings (see paragraph 13.1.2). Nil returns are required from all warehousekeepers who held an unused allocation for a DAN at any time during the period concerned.
Fuel delivered from a duty suspended warehouse on deferment at the unrebated rate of duty may later be the subject of a claim to a sum equivalent to the rebate (see section 8). Claims for a sum equivalent to the rebate on form HO9 may be processed at the duty suspended warehouse of despatch up to the time when the warehouse records are totalled. Claims submitted later than 3 working days after the end of the deferment period may be processed at the business’ CAP, up to the time when the total net liability is to be notified, or otherwise claims may be carried forward to the next deferment period.
Rebate cannot, however, be taken by set-off in a period earlier than that in which duty has been accounted for on delivery, unmarked, from warehouse (Regulation 6, Excise Duties (Deferred Payment Regulations) 1992).
10.15 Duty deferment guarantees - net duty due
For deferment guarantees below the £9.5 million cap, a deferment holder is allowed to make deliveries up to the limit of the guarantee allocated. Where forms HO9 are received and entered as a credit in the warehouse accounts, the amount of that approved person’s secured liability (duty due) will be automatically reduced by the warehousekeeper. See Appendix P for an example of a duty deferment guarantee advice.
Further deliveries within the same accounting period can then be made to the extent of the difference between the guarantee and the net liability recorded (see also paragraph 10.16).
10.16 HMRC duty deferment traders - when duty claimed is greater than duty due
If, as a user of form HO10 you make very few withdrawals from warehouse, but you use netting (see section 12) and the option to process forms HO9 through the CAP, form HO10 may result in a balanace of duty due to you and not to HMRC, resulting in a repayment of duty (see paragraph 10.18e).
10.17 What duty suspended warehouse records must I keep?
In addition to those records required by section 13 and section 15, separate records are required in respect of each deferment approval number for excisable home use deliveries and for non-excisable home use deliveries (for example, tied oil) where only VAT and/or Customs Duty is deferred.
The following particulars must normally be included:
Note: it is in the ‘due diligence’ interests of the warehousekeeper to check that the DAN quoted is valid. Information is available from the MORC.
- (for excisable deliveries) the amount of the secured liability allocated to that warehouse
- a request for deferment
- the quantity and description of the fuel
- the VAT details
Note: fuel produced or refined in the UK doesn’t attract a VAT charge on removal from warehouse unless it is sold or exchanged while in duty suspended warehouse. The use of an approved person’s deferment number to defer the Excise Duty on removal from a fuel producer’s warehouse does not itself constitute a supply for VAT purposes within the warehousing system. For removals to home use of fuel which does not attract a VAT charge, the entry in the record is to be noted: ‘UK produced: No supply’
- any outstanding liability to pay Customs Duty
- the amount deferred (sub-totals are required in respect of each duty, that is, Customs Duty, Excise Duty, and VAT)
- the current net allocation remaining unused in respect for each deferment number at that warehouse (see comments at paragraph 10.4.2)
- for claims on form HO9 received at the warehouse, the full details of rebate claimed on oil marked, or delivered under marking waiver, at approved premises subsequent to delivery on payment of the un-rebated rate of Excise Duty
- details of centrally processed claims on form HO9 notified by Central Accounting Points for credit against allocations
- full details of oils returned to duty suspension on credit of duty
The quantity and duty due for each description of fuel received at the warehouse for which rebate has been claimed on form HO9, are to be reduced respectively by the quantity marked and the rebate allowed. A corresponding increase is to be made to the quantity and duty amount in the appropriate gas oil and kerosene records. Form HO9 is to be clearly endorsed to show that this adjustment has been made to the warehouse record.
Entries in the deferred duty account at the warehouse are to be made no later than midday on the second working day following deliveries of chargeable fuel.
If there is a change in the duty and/or rebate rates during a deferment period, the record and schedule are to identify the quantities delivered at each duty rate.
Warehousekeepers must make sure that:
a. dutiable use at or deliveries from the duty suspended premises are accurately recorded
b. rebates claimed on forms HO9 submitted to the warehouse are accurately recorded
c. the record is correctly totalled at the end of each deferment period
d. the periodic delivery schedules and totals of duty due or claimed for each period (including deferred VAT liability notifications) are forwarded to deferment approval holders, and that they agree with the warehouse records, and
e. arrangements are made for each duty liability notification to be sent so that they reach the deferment approval holder not later than one week after the end of the deferment period. If receipt is not promptly acknowledged, warehousekeepers should notify HMRC immediately.
Single warehouse traders must also complete the additional records and returns required from an accounting point (see paragraph 10.18).
The quantities of fuel delivered on deferment of duty as shown in the warehouse records are to be recorded in the warehousekeeper’s stock account (see paragraph 13.4.1).
10.18 What records must be kept at the CAP?
Deferment approval holders must maintain a permanent record showing the total amount of their secured liabilities (duty due or claimed). For each Excise Duty deferment period, the approval holder must:
a. acknowledge as soon as possible the receipt of each accounting period schedule and liability notification.
b. record the details of all accounting periods’ schedules and liability notifications they have received
c. total the quantities of fuel of each description delivered on deferment
d. total the quantities of fuel of each description rebated at approved premises as recorded on form HO9 and submitted directly to the CAP by the marking premises for entry in the duty claimed section of form HO10. Form HO9 on which rebate has been credited at warehouse must not be included in these totals
e. on occasion the total duty claimed figure to be declared in section 2 of form HO10 will be greater than the total duty due figure declared in section 1. You should enter the amount of duty to be claimed in the total duty claimed box.
f. the total duty claimed will also include the total quantity of fuels of each description for which drawback or refund is to be claimed (do not claim reliefs by netting for cash repayments), and finally;
g. complete form HO10, signing the declaration.
The net total duty due or claimed under each deferment number will be the total of duty on oils delivered from warehouse under deferment arrangements less:
a. rebate claimed on fuel marked, or granted a marking waiver, at approved premises subsequent to delivery on payment of the unrebated rate of duty, and
b. set-off of duty claimed on duty paid fuel, under the netting arrangements for which a formal claim has been completed and lodged with HMRC.
You must calculate and notify the net duty due or claimed in sufficient time to make sure that HMRC receives payment by the due payment date, which is the last working day of the month.
10.19 Must I notify you of any change in circumstances?
If you are approved for duty deferment, you must immediately notify the Mineral Oil Reliefs Centre (MORC) at:
HMRC Mineral Oil Reliefs Centre
BP 4202 - Benton Park View
Newcastle upon Tyne
Or by email: firstname.lastname@example.org if:
- you cease trading, or wish to cancel your deferment approval
- your business name or address changes
- you wish to make any other change in the details of your application for approval
You should give sufficient advance notice for any proposal to change banking or guarantee arrangements which would require a new direct debit mandate, for example, a change in bank or branch or account number, or a revised level of guarantee or change of guarantor.
10.20 Where, and for how long, must I keep my records?
You must keep your records at a place agreed with us.
Normally, you must keep your records for 6 years. If this will cause you problems you should ask us to allow you to keep your records for a shorter period.
10.21 Do I have to keep paper records?
No. You can keep your records on microfilm or microfiche, provided that the records are legible and you provide the necessary facilities to read the records. You can also keep your records on a computer. However, our assurance staff will need to see the appropriate technical documentation as part of their visit. See Notice 206: revenue traders’ records for more information.
10.22 Can you revoke an approval?
Yes. If we have reasonable cause we may vary or revoke an approval granted under the Excise Duty deferment regulations at any time.
11. Payment of Excise Duty
Except when duty free use or delivery is allowed, Excise Duty must be paid, or charged under the duty deferment arrangements (see paragraph 11.5), on fuel cleared at importation or before it is used at, or delivered from, a fuel producer’s premises or duty suspended warehouse. This includes waste-derived heavy oil used as a fuel.
The duty account is to be taken at the meter or other approved point for taking the revenue account. Excise Duty is accounted for by one of the following methods:
a. fuel delivered to home use at importation from outside the EU, on the import declaration form C88, or
b. fuel delivered to home use on receipt from within the EU under the RC scheme, or as a TRC, by using the procedures in Notices 203a: Registered Consignees and Notice 204a: Temporary Registered Consignees respectively, or
c. fuel delivered from a producer’s premises or duty suspended warehouse, by making immediate payment (and completing form W50) to:
National Warrant Processing Unit (NWPU)
13-21 India Street
d. other heavy oil including oil delivered for fuel use by someone without an approved fuel producer’s premises or duty suspended warehouse, by immediate payment and completing form HO101 to:
Cumbernauld Accounting Team
Room B1.25 Accounts Office
St Mungo's Road
Telephone: 03000 583 946
before the oil is used or delivered, or
e. in the case of traders approved for deferment, under the deferred duty arrangements for fuel up to the limit set by the guarantee.
For payment of Customs Duty on motor and heating fuel, see Notice 171: Hydrocarbon Oils - Customs Duty.
Duty must also be paid on any deficiency not satisfactorily accounted for.
Please note that, with effect from May 2012, HMRC is no longer able to collect direct debit payments in excess of £20 million. If you have a payment to make which exceeds £20 million, you should make arrangements with your own bank to make payment by an alternative means such as CHAPS.
11.2 What rates of duty are payable?
The rate of duty payable is that which is applicable to the description of the fuel when the duty point is passed, or in the case of fuel delivered by pipeline, when the complete parcel is accepted into the pipeline (except when a change in duty rate or amount of rebate occurs, when the account will be taken at the time of the change, see paragraph 11.4). For example, unmarked kerosene or gas oil will be chargeable at the un-rebated heavy oil rate (except when duty free use or delivery is allowed or a marking waiver has been granted) even though it is intended to deliver all or some of the fuel from a Remote Marking Premises (RMP) after marking or under a marking waiver. In these circumstances, rebate of duty may be claimed under the arrangements set out in section 8. Duty will be charged on the quantity delivered to home use and there will be no allowance for any subsequent loss in transit or storage.
The current effective rate of Excise Duty on Avtur is nil. Except in the circumstances listed in paragraph 11.3, duty at the unrebated heavy oil rate is to be paid as soon as regrading or diversion to non-qualifying status occurs (that is, once the oils are not to be used as fuel for aircraft engines).
When this occurs other than in the current deferment accounting period, approved deferment traders should contact us at once to arrange payment. Similarly, non-deferment traders are to notify their local assurance team when duty becomes due.
If you supply or use petroleum fuels derived from waste oils as heating or engine fuel (other than in a vehicle) the Excise Duty rate will be the rebated rate for fuel oil.
11.3 When is the Excise Duty charged upon kerosene not payable?
Excise Duty is not due when:
- contaminated or off-specification Avtur is returned to duty suspended storage
- Civil Aviation Authority samples are returned to duty suspended storage
- the prescribed fiscal markers are added by a registered remote marker at the premises at which regrading or diversion from Avtur to another use occurs, in which case no duty will be charged and no claim to rebate (or sum equivalent to the rebate) is to be made
- when marking is to take place other than at premises at which regrading takes place, but the volume does not exceed 5,000 litres and the person liable to pay the Excise Duty is approved for duty deferment - in such cases, the duty is to be declared on form HO10 for the current period, and the sum equivalent to the rebate may be claimed subsequently by completion of form HO9 when the marking takes place
Note: at the bullets above, no duty will have been charged on the oils, and no claim to rebate (or sum equivalent to the rebate) is to be made.
11.4 What happens at Budget time?
When there is a change in the rate of Excise Duty charged, you should:
- account at the appropriate rate for dutiable deliveries of fuel
- claim at the appropriate rate for fuel marked at approved premises, or delivered unmarked under a marking waiver, or for which drawback or a refund of duty is claimed
Where product is not being delivered at the time of the change in duty rate, you should read meters and dip tanks as appropriate in order to establish the duty position.
Where this cannot be done because, for example, a vessel was loading over the relevant time, other arrangements such as pro-rating according to pumping times may be adopted provided that the revenue is not adversely affected and HMRC’s prior approval has been obtained.
The rebate payable on marking is at the rate appropriate at the time that the unmarked product was delivered from the duty suspended premises. Accounting arrangements such as an exhaustion account must be agreed in advance with HMRC to make sure that the rebate is claimed at the correct rate. Any central exhaustion methods agreed for netting purposes are not to be applied to remote marking.
Drawback, or repayment, is admissible at the actual rate of duty borne by the fuel to which the claim relates (or the rate that is deemed to have been borne under an approved exhaustion arrangement). At the time of a duty rate change, the repayment rate is normally determined according to the level of stock on a depot-by-depot basis. Similar arrangements apply to businesses approved for netting unless central exhaustion arrangements have been authorised.
Where a netting business is also a supplier issuing invoices or certificates showing the duty paid on fuel supplied, the rate certified must be the rate actually paid, or deemed to have been paid in accordance with approved exhaustion arrangements.
11.5 What is the procedure for the payment of deferred duty ex-warehouse?
Payment of deferred duty is made by Bacs direct debit, which is initiated each month by us. However, on 31 May 2012 the Board of Bacs Payments Schemes Ltd introduced a cap of £20 million on the amount which can be collected in any one Bacs debit or credit.
Payment of deferred duty should therefore be made in the following ways:
- payment in excess of £20 million must be made by CHAPS
- payments up to and including £20 million are normally made by BACS direct debit, which is initiated by HMRC, but may be made by CHAPS
The net liability is to be established and form HO10 completed in time to make sure of payment by the due date.
Please note the following times and dates by which your return and payment should be submitted. Your monthly return date is fixed depending on your usual method of payment:
- if you make all of your payment by CHAPS, you should submit form HO10 by midday on the second last business day of each month and arrangements are to be made for payment to be lodged at HMRC’s bank account by 11am on the last business day of the month
- if you make any payments by Bacs, either exclusively or occasionally, form HO10 must be submitted by 10am on the fifth last business day of each month to make sure payment can be collected by us on the last business day of the month
If there is no duty liability in any month, form HO10 showing a nil return is to be submitted as above.
Varying the method of payment you use between Bacs and CHAPS doesn’t change the date by which form HO10 should be received. If your payments are often over the £20 million Bacs limit and you intend to alter your method to make all of your payments by CHAPS, you may also request to change your return date by writing to the CDO Oils Team at the address below. We will confirm when your return due date has been changed.
You should submit HO10s online using the Government Gateway which can be accessed from our website at GOV.UK or, by email: email@example.com
If, for any reason you are unable to use either of these methods, call the Helpline on 0300 200 3700. You must use the following bank details for paying into the HMRC account:
|Account name||HMRC Customs Duty Schemes Account|
Please make sure your DAN is quoted when making payment. Failure to comply with the arrangements for the payment of deferred duty may lead to the withdrawal of your certificate of approval.
11.6 Who must sign the duty declaration?
Duty declarations such as form HO10, are the responsibility of the proprietor or partner. In the case of an incorporated company, it is the responsibility of a director or the company secretary. They may authorise whoever signs the form, but the form is always signed on their behalf.
Whoever signs the form must hold a responsible position in the company (for example, accountant or manager). The authority to sign must be prepared on Form C&E2 or company letterhead, must be signed by one of the standard signatories, and must incorporate a specimen of the signature of the person(s) to be authorised.
You should send the document to your HMRC contact.
11.7 What is the procedure for adjustments?
Adjustments for errors discovered after the fuel has been delivered from a warehouse, where as a result there is an increase in Excise Duty liability, are payable:
- immediately - if due from an earlier deferment period which has been accounted for
- at the end of the current deferment period, if due in the current period
When an error is discovered from an earlier period, you must contact us at once, giving details. We will then issue you with an assessment of the duty due on form EX601. You must make immediate payment of the assessment to the address given in paragraph 11.5. You should send copy 2 of the EX601 with this payment to:
HM Revenue and Customs
Excise Processing Teams
21 India Street
Retain the original copy for your records. After processing, copy 2 will be returned to you as your receipt.
Reductions in liability due to overpayments should be made in the current deferment period whether or not the reduction relates to an earlier period, or periods. They should only be made after you have received written authority from HMRC.
11.8 How do I account for duty on petroleum fuels derived from waste oils?
Excise Duty is due on each delivery of petroleum fuels derived from waste oils for use as heating or non- road vehicle engine fuel. The fuel oil rate should be used, unless the waste oil meets the definitions of gas oil or kerosene, which have different rates. Please see the GOV.UK website for the current rates.
If you have made entry of premises or are approved as a motor and heating fuel warehouse you may defer Excise Duty and account for it on form HO10. Please follow the procedures outlined in section 10 (deferment of duty). Alternatively you can pay Excise Duty before fuel is delivered from your duty suspended premises. You must complete form W50 and send it with immediate payment to:
National Warrant Processing Unit (NWPU)
13-21 India Street
A receipt will be issued as proof of payment. Keep this as part of your records.
If you are a supplier of petroleum fuels derived from waste oils without carrying out any production process on it, and you are not required to apply for warehouse approval or to enter your premises, you must still pay the Excise Duty due in advance of each supply made for use as heating fuel or for use as fuel in an engine. Make payment, in advance of the supply, by completing form HO101 and sending it with payment to:
Cumbernauld Accounting Team
St Mungo's Road
Telephone: 03000 583 946
All cheques are to be made payable to ‘HM Revenue and Customs only’. If you would like to pay by either Bacs or CHAPS*, you can get further information by contacting the accounting team on 01236 785226. This number should be used for this purpose only. Alternatively, notification with payment can be made on any other document provided it contains the following information:
- the supplier’s name
- the supplier’s address
- the supplier’s VAT registration number (if applicable)
- the date(s) on or after which the supply or supplies will be made
- the quantity or quantities of relevant fuel in relation to which payment is made
- the rate for rebated fuel at the time of payment
- the total rebate amount (for each transaction included on the notification)
A receipt will be issued as proof of payment. Keep this as part of your records.
Forms can be obtained from the Helpline on 0300 200 3700, or on the GOV.UK website.
*Please note that, with effect from May 2012, HMRC is no longer able to collect direct debits in excess of £20 million. If you have a payment to make which exceeds £20 million, you should make arrangements with your bank to make payment using an alternative means such as CHAPS.
12.1 What is netting?
- are approved for oils ex-warehouse duty deferment
- wish to claim drawback and certain other repayments of Excise Duty by set-off against the duty due from them under those duty deferment arrangements
you must use the netting procedure.
This procedure allows oil companies to make supplies at duty-exclusive prices from non duty suspended storage at locations nominated for the purpose. The range of duty relieved deliveries to which netting can apply is set out in the next paragraph. This procedure makes it possible for HMRC to allow repayment when they are satisfied that duty paid fuel has been delivered to a person approved to receive duty free fuel.
What is the scope of netting?
Netting is only available to traders who are approved for fuel duty deferment. The range of deliveries eligible for netting is as follows:
- exports of duty paid fuels
- exports of fuel composites, including fixed-rate products
- foreign-going ships’ bunkers and stores
- foreign-going aircraft fuels and stores
- foreign service aircraft (not USAF or NATO) fuels and stores
- approved MOD (Navy) oil fuel depots
- US forces
- US AAFES/USNX
- NATO aircraft
Heavy oil for use on board vessels on marine voyages
Category 3 netting is dependent upon the supplying oil company delivering directly to an entitled vessel at a duty exclusive price and the approved person accounting for the quantities of fuel so delivered. Delivery to the vessel can be made either by the approved person or by an intermediary supplied with fuel on which duty has been paid by the approved person, at a duty exclusive price.
Approval of netting for marine voyages deliveries may be withdrawn by giving reasonable notice to the approved supplier.
The supplying oil company must obtain a signed declaration from the ship’s owner or master on an HMRC copy of the delivery note, in the following terms:
The quantity of heavy oil specified hereon has been received on board the vessel (name of vessel) ………………………………………………………………………….
IMO identification number ……………………………………………………………….
This quantity of heavy oil has been delivered by (supplier oil company name) …………………………………………………………….
directly to the vessel at a price which is reduced by a sum equal to the duty on that oil, for use as fuel for the machinery of the said vessel while engaged on a marine voyage. No claim will be made to HM Revenue and Customs in respect of this oil under the Hydrocarbon Oil (Marine Voyages Reliefs) Regulations 1996 by or on behalf of
(name in BLOCK LETTERS of owner, charterer or hirer of the vessel) ………………………………………………………………………………………………..
In the event that the oil is not used on the said vessel while engaged on a marine voyage, a sum equal to the amount of duty paid / set off on delivery of the oil will be paid to HM Revenue and Customs by or on behalf of the said owner, charterer or hirer.
Signed (owner, charterer, hirer, master or authorised person) …………………………………………………………………………………………………
a. Process oil or feedstock delivered as tied oil (see paragraph 7.2).
b. Oil used as fuel in a producer’s boilers or for an approved power plant producing energy for mineral oil producers’ boilers (see Appendix J).
c. Heavy fuel oil used in blast furnaces at steel-making plants.
12.2 How do I apply for netting approval?
If you wish to use the netting procedure you should make a written application to HMRC. Applications are to contain the following information:
a. the name and address of the company
b. the category/type of delivery to be included in the netting
c. a list of the terminals/locations and the products to be included in netting arrangements (authorised marine etc, bunkering agents and authorised distributors may be included if satisfactory standards of trader control can be assured)
d. any existing drawback arrangements for fixed rate goods, indicating the extent to which these will be included in netting or will be the subject of separate claims, and
e. the scheduling period to be adopted for netting (this may coincide with duty deferment accounting periods or commercial accounting periods).
When an application has been accepted, HMRC will send a letter of approval to your business. This letter will specify the category, or categories, of delivery approved for netting; confirm the locations/products which are authorised for inclusion in netting, and will require that any change in circumstances be advised as soon as it occurs.
If your approved businesses wishes to amend the terms of its approval to supply fuel under the netting provisions, in respect of altering locations/products, intermediaries or eligible categories of delivery, you should request approval from HMRC in advance of any change.
12.3 What is the netting procedure?
Your approved business must compile schedules of deliveries for each entitled category described in paragraph 12.1 for which you are specifically approved; or provide the data to the CAP for the compilation of the company’s schedules. Each consignment must be identified by a unique reference number, date of shipment or delivery, the eligible category of the delivery, the quantity and description of the oil or product delivered.
At the close of each scheduling period, each approved trader is to send original schedules to the CAP for aggregation. When complete and lodged with us, this is your formal claim and declaration supporting the appropriate set-off taken by calculating the net total of your deferred duty payable (or net sum repayable) on the next appropriate payment day.
It is essential that HMRC receives your forms before payment day. The duplicates of local schedules are to be retained at the originating installation, together with supporting commercial documentation, for at least 12 months after the date of delivery of scheduled consignments.
By agreement with HMRC, businesses with computer accounting systems may produce the schedules by computer, with the necessary declarations in an identical form to those normally required.
Scheduling periods should be agreed with HMRC. They may be aligned with commercial accounting periods, or duty deferment accounting periods. Suitable safeguards against duplicate claims must be incorporated.
When a delivery of marine fuel at a duty exclusive price is made by an intermediary supplied by a business approved for netting, it is the responsibility of that approved business to obtain evidence of how much fuel has gone on board the vessel before any set-off can take place. We expect approved businesses and intermediaries to agree a means of providing HMRC with the necessary evidence of the amount of fuel delivered to a vessel to allow the set-off of duty on the deferment statement.
12.4 What happens if the duty rate changes?
Drawback, or repayment of duty, is payable at the actual rate of duty borne by the fuel to which the claim relates (or the rate deemed to have been borne under an approved exhaustion arrangement). When a change in duty rate occurs, the rate of repayment is normally to the rate published on our website at the time at which the stock in each depot is exhausted.
Alternatively, you can make an application to HMRC for permission to operate central exhaustion arrangements for each revenue category of stock.
Where a netting business is also a supplier issuing invoices or certificates showing the duty paid on fuel supplied, the rate certified must be the rate actually paid or the rate deemed to have been paid in accordance with the exhaustion arrangements which we have approved.
12.5 What export documentation is required for netting?
Businesses participating in the netting of exports to non-EU destinations must comply with the export documentation requirements of Notice 275: customs export procedures.
Businesses exporting fuel to EU member states from duty suspension should refer to paragraph 7.7.
13. Accounts and records
13.1 What accounts must I keep?
Warehousekeepers or fuel producers must keep revenue accounts of oil and gas received, produced, used or delivered from or into stock at their premises.
Deferred duty accounts and returns are to be kept and submitted as required in section 10.
13.1.2 Accounts of deliveries on payment of duty or where payment has been deferred
The revenue accounts of oil delivered on payment of duty must be subdivided under the following headings:
|Type of fuel||Tax types for accounting purposes|
|a. Heavy oil|
|Unrebated heavy oil (including diesel but excluding kerosene)
Heavy oil (other than kerosene, gas oil or fuel oil) used for heating or in an engine
Kerosene (off-road): rebated
Kerosene under marking waiver
Gas oil: rebated
Fuel oil: rebated
Other unmarked heavy oil
|b. Light oil|
Light oil (other than unleaded petrol)
Light oil for use as furnace fuel
|c. Biofuels and other fuel substitutes|
Biodiesel (unblended) for non-road use
Biodiesel blended with kerosene
|d. Fully rebated or duty free|
|Fully rebated kerosene
Fully rebated kerosene for jet fuel
Gas oil removed duty free direct to vessel for marine use (marked)
Gas oil removed duty free direct to vessel for marine use (unmarked)
Fuel oil removed duty free direct to vessel for marine use
Note: fuel substitutes may be accounted for using tax codes 541, 540, 520, 522 or 511, depending on the fuel type they are to substitute.
|Type of fuel||Tax types for accounting purposes|
|d. Road fuel gases - use from C&E930a - see Notice 76: excise duty on gas for use as fuel in road vehicles|
|1. Natural gas (NG)
2. Road fuel gas other than natural gas, including LPG
13.1.3 Common storage
Separate accounts are required where common storage of duty paid and duty suspended fuel has been authorised - see paragraph 3.9. Fuel delivered from common storage is to be sub-divided under the headings at paragraph 13.1.2.
See paragraphs 3.9 and 3.10 of this notice for more information on common storage.
13.1.4 Other accounts
Except where otherwise required, other accounts need only be sub-divided as follows:
a. Heavy oil
- Gas oil
b. Light oil
- Motor spirit
Crude oil may be accounted for under a heading of ‘Crude oil’ whether it is a heavy oil or a light oil.
c. Biofuels and other fuel substitutes
13.2 What units of quantity must I use?
We normally expect accounts to be kept in metric units of volume (see paragraph 4.2), but exceptionally we may give approval for certain accounts to be kept in metric units of weight.
13.3 What records do you require?
A basic record must be made, without delay, of each operation as it takes place from which the accounts are to be prepared.
The following particulars are normally to be included:
Receipts and deliveries:
- date and movement
- name and address of the consignor and consignee
- identifying particulars of the carrying ship or vehicle
- quantity and description of the fuel
- relative density (and temperature of the fuel where appropriate)
- distinguishing marks and numbers of the vessels or places where the fuel is stored (receipts only)
Oil delivered without payment of duty (for example, tied oil) and unmarked oil delivered at a rebated rate to authorised persons, must be recorded separately.
- date of production
- quantity and description of the oil
- distinguishing marks and numbers of vessels or places in which the oil is stored
- date of use
- purpose for which the oil is used
- quantity and description of the oil used
Incorporation of gas in oil:
- date of operation
- particulars of gas
- description of oil
- quantity of oil before and after the operation
- date of destruction
- place and manner of destruction
- quantity and description of the oil
- whether the oil has been returned after delivery duty paid
The accounts required are detailed in section 8 but are reproduced below:
- the quantities of marker, or composite solutions, received, and details of the supplier(s)
- the quantities of marker, or composite solutions, added each day to gas oil, kerosene, or light oil, and the quantities of each description of oil to which they have been added
- details of the actual stocks of marker or composite solution held at the premises at the end of each calendar month, and at any time that HMRC may require
13.4 What revenue records and returns do we require?
13.4.1 Normal requirements
a. Duty suspended premises
The following calendar month records must be kept:
- receipt of oil into the premises
- operations on motor and heating fuels
- deliveries of motor and heating fuels:
a. without payment of Excise Duty to United States European Exchange System, United States Navy Exchange, or NATO forces, to lighthouse authorities, as fully-rebated oil, as samples, or for destruction
b. to approved persons or premises as tied oil
c. for exportation/stores on foreign going vessels; or use on board vessels on marine voyages
- a balanced stock account (showing total volume of motor and heating fuels in stock, plus receipts, less deliveries)
For each batch of oil marked at, or delivered unmarked under a marking waiver from, approved RRMPs.
Form HO9 - oil marked at remote approved premises or delivery made under a marking waiver from such premises.
Instead of individual forms HO9, traders may render an omnibus HO9. Total quantities, etc, declared are to be supported by a schedule of markings and marking waivers listing details appropriate to boxes 4 -13 of the form.
c. Central Accounting Points
See paragraph 10.16 for record requirements. For declarations of duty payable for oil delivered or taken for dutiable use in a period by approved persons under the duty deferment arrangements:
Form HO10 - Fuel delivered to home use or taken for dutiable use in a period by approved persons under the duty deferment arrangements.
Notes on completion of form HO10 are at Appendix Q.
13.4.2 Modified requirements
You should agree with HMRC how these requirements may be met.
a. Motor and heating fuel producer’s entered premises
At a fuel producer’s premises, the following records are not normally required:
- receipt of crude oil from a Class A producer, unless received as warehouse stock
- removal under duty suspension of crude oil from a Class A producer to another fuel producer’s premises or duty suspended warehouses
- stock account or oil that is in vessels and places at entered premises which are not included in a warehouse approval
- records of operations on fuel in respect of Class A producers
b. Computer records
If you decide to maintain your records on a computer, you should follow the guidance in Notice 206: revenue traders’ records. Note, as a fuel revenue trader you do not need our prior approval before using a computer for revenue accounting.
c. Accounting periods
If you wish to base your revenue accounts and records (other than for form HO10 deferment purposes) on 12 accounting periods rather than on calendar months, you should notify HMRC. You should state the accounts affected and the dates and times on which the periods will end.
d. Skeleton records
Provided that other documents (for example, copy delivery documents) showing the essential particulars for each consignment are available, we may accept summary records of oil received and oil removed to approved premises or persons which show only the descriptions of the oil and the total quantity of each description received or delivered for each purpose during the month.
13.5 How long must I keep my records?
Records required by this notice must be kept and preserved for 6 years at the premises to which they relate. However, HMRC may allow earlier disposal of certain records, or their removal to another place for storage (see Notice 206: revenue trader’s records).
14. Deficiencies in warehoused oil
14.1 What is my liability to duty in respect of deficiencies?
The owner of the oil and the warehousekeeper are both liable under the Customs and Excise Management Act 1979 (CEMA), sections 94 and 95, to pay duty on deficiencies in warehoused oil. In addition, warehousekeepers and fuel producers are liable to pay duty on any chargeable deficiency which arises at their approved or entered premises or while the oil is in transit to other premises on duty suspension terms.
A deficiency arises when the quantity of oil found, in the warehouse or transported in duty suspension, falls short of the quantity expected.
Any deficiency not due to natural wastage, temperature variation or tolerance in accounting (that is, the monthly loss exceeds 1%; or the monthly loss exceeds the average for the previous 12 months by 0.5% or more) is an ‘excess deficiency’ and is chargeable with duty at the appropriate rate. A loss is to be regarded as exceeding the average by 0.5% or more if for example it amounts to 0.39% and there was an average monthly gain of 0.12% for the previous 12 months.
Liability is not dependent on there being evidence that the deficient quantity or any part of it was disposed of in a particular way. However, any evidence concerning the deficiency brought to HMRC’s notice will be taken into account and mitigation applied if appropriate.
An assessment of duty on a deficiency will be issued to the person deemed responsible for the security of the oil at the time when the deficiency appears to have arisen.
It is from this person that evidence is expected as to any natural or other legitimate loss. This is without prejudice to the liability of any other person to pay the duty or to the acceptability of evidence or representation from any other person concerned.
It is the warehousekeeper, fuel producer or remote marker concerned who must make sure that proper account is taken of the oil and that other revenue requirements are complied with.
14.2 What happens if oil is lost through accident or theft?
An immediate record must be made of any accident or abnormal circumstances that result in the loss or destruction of fuel upon which the duty has not been paid. Further action should be taken in accordance with procedures agreed with us.
If a warehousekeeper or fuel producer learns or suspects that any loss of duty suspended fuel is due to theft we must be informed immediately.
14.3 How are deficiencies during removal under duty suspension in bulk sea movements to be dealt with?
A notifiable deficiency is treated by HMRC as any deficiency, which exceeds 0.5% of a consignment of more than 50,000 litres. If the deficiency is less than this allowance and there is no evidence of abnormal events or accidents such as spillage, then no further action need be taken beyond advising us of final outturn. However, you should be aware that all losses need to be recorded on EMCS (see paragraph 5.2).
Where the consigned quantity is less than 50,000 litres, any loss is notifiable.
However, should information come to light during any movement that indicates an irregularity has occurred, we will seek an explanation for the deficiency, even if it is within the allowances.
14.3.1 Action at place of receipt
On becoming aware of an excess deficiency, warehousekeepers or fuel producers must immediately investigate the cause, and re-check the basic data and calculations as far as possible. They should also notify the consignee using the certificate of receipt for the accompanying document and advise HMRC.
14.3.2 Action at place of despatch
On becoming aware of a transit loss, the warehousekeeper at the place of despatch must investigate the cause without delay and notify HMRC. We will ask for an explanation to be provided within 21 days (Excise Warehousing etc Regulations 1988 (EWER) Regulation 15).
Each explanation of a deficiency must give all the relevant information. If supporting evidence is not available, the steps being taken to obtain it must be stated. You must satisfy us that all reasonable steps are taken to:
a. safeguard duty suspended oil during loading, transportation and discharge
b. measure accurately the quantities despatched and received, and
c. pay duty and, if appropriate, VAT, forthwith on the deficiency or on that part not already satisfactorily accounted for, and you must ascertain and provide all relevant information concerning any incident, accident or error affecting the oil
We will not consider an explanation alleging an accidental loss, a diversion of oil, an incomplete discharge or an error in taking a despatch or receipt account, without evidence.
14.3.3 Statement as to deficiency
On receipt of an explanation, we will advise you that:
a. the deficiency has been satisfactorily accounted for, or
b. the case is under consideration and a decision will be advised as soon as possible, or
c. duty and, if appropriate, VAT are to be paid forthwith on the deficiency or on that part not already satisfactorily accounted for.
If we do not receive an explanation within the period specified or if we require payment at an earlier stage (for example, on evidence of diversion to dutiable use), we will assess for the full amount of duty (by form EX601) and, if appropriate, VAT, which you will then have to pay.
14.3.4 Payment of duty on deficiency
Businesses should not pay duty on a deficiency before receipt of accounting instructions from HMRC. An assessed amount must be paid without delay, unless a request for formal review of that assessment is made. Submission of an explanation or request for formal review does not justify delay in payment of that assessment unless the review officer specifically advises you to that effect.
Duty must be paid by:
a. sending immediate payment with form EX601 (for Excise Duty on deficiencies of oil which is in free circulation), or
b. sending immediate payment with form C88A to HMRC (for deficiencies of imported oil on which Customs Duty is due). This form is required for both Customs Duty and statistical purposes (see Notice 232: customs warehousing).
The reference number of the assessment (shown on any correspondence from HMRC) must be quoted when payment is made.
VAT chargeable on deficiencies (see paragraph 15.11) must not normally be included in the duty deferment account; we will assess it separately.
14.3.5 Remission or repayment of duty paid on deficiency
If we accept an explanation in respect of the whole or part of the deficiency after the assessed duty has been paid, we will give immediate credit or make repayment of the duty involved. We will however need you to provide us with convincing evidence, especially if there are no supporting records.
14.4 How are stock discrepancies in duty suspended storage to be treated?
If discrepancies arise in stocks of warehoused oil, HMRC may call for the warehousekeeper’s explanation and evidence to account for the variation. We will charge duty on losses for which there is no satisfactory explanation.
14.5 How are discrepancies due to errors in measurement to be treated?
14.5.1 Adjustment of accounts and returns
Where a deficiency is due to over-measurement on despatch or under-measurement on receipt, it will normally be necessary to include the quantity involved in the duty suspended stocks at the premises where the error arose and to amend the records. In each case where such adjustment is necessary, HMRC will advise the trader as appropriate.
However, an apparent increase on removal may be accounted for by an under-measurement on despatch or an over-measurement on receipt. HMRC may, if satisfied by the evidence, allow amendment of the warehouse and removal accounts but will not initiate or require such adjustment.
14.5.2 Recurring measurement problems
At premises where accurate accounting for oil on receipt or delivery is made difficult by recurrent errors in measurement, the approved person will be required to provide improved facilities for measuring oil. Special temporary arrangements will be considered where these would allow better use to be made of existing facilities in periods before improved equipment can be installed or where satisfactory equipment is not available.
15. VAT on warehoused oil
A brief account of the way VAT operates is given in Notice 700/15 The Ins and Outs of VAT. For a fuller account, see Notice 700: the VAT guide. Information about the time of supply, that is, the tax point and the issue of VAT invoices, is in section 14 of Notice 700: the VAT guide. Note: we normally require you to retain your VAT records for 6 years.
VAT Notice 701/19: fuel and power covers the liability of fuels to VAT.
Notices 702: imports and Notice 3001: customs special procedures for the Union Customs Code](https://www.gov.uk/guidance/changes-to-customs-special-procedures-for-the-union-custom-code-cip21) deal with the VAT procedures that apply to goods imported into the UK from non-EU countries and via other member states of the EU, and with goods warehoused for customs purposes. These publications may be obtained by phoning the Helpline on 0300 200 3700.
Receipts from other EU member states which are of EU origin, or of non-EU origin upon which customs duty has been paid, that is, EU goods, are not imports for VAT purposes. Such goods are dealt with under the acquisition tax arrangements (see paragraph 15.6.2). Import VAT is due on oils from third countries and certain other territories.
15.2 Use of forms VAT 908 and W50
For imported finished product (or home-produced oil which has been supplied in warehouse) a declaration on form VAT 908 or form W50 must be presented in triplicate to account for the VAT liability.
The method of payment will determine which form is appropriate (see paragraphs 15.2.1 and 15.2.2 below). For oils acquired from other member states, and where the declarant is VAT registered, acquisition VAT is accounted for on the VAT Return (form VAT 100); see paragraph 15.6.2.
Forms VAT 908 or W50, whether for individual or aggregate transactions, are to include details of all home use deliveries, including tied oils.
Credits for overpayments may be taken on form VAT 908 only where they arise in the same accounting period as payment, and so long as the net total on any form results in a payment of VAT being made. For overpayments made in other periods, credit can be given by direct repayment using form C285; see Notice 199: imported goods: customs procedures and customs debt. If you use deferred payment arrangements, repayment will not be made until the VAT has been paid by direct debit. However, in most cases, you will find it quicker to recover the money through the normal input tax deduction system using your VAT Return.
After processing for payment, a receipted copy of the declaration will be sent to the warehousekeeper for retention.
15.2.1 VAT deferment
If you are an approved person holding a VAT deferment account number, you may defer the payment of VAT. The deferment accounting period for VAT is the calendar month, and the payment day is the 15th of the following month. If you wish to apply for a VAT deferment facility, all application forms are available on GOV.UK. Before we can approve you, you will have to give financial security for your deferrable liabilities.
Once approved send form VAT 908 to:
Central Deferment Office (Oils Team)
8th Floor North West
The form must be received by the last dates for late item input and adjustments to Customs Handling of Import and Export Freight. These dates can be seen on the GOV.UK website. Late submission will result in a request for immediate payment of due liabilities, and may result in withdrawal of approval to use the duty deferment scheme. Exceptionally, a copy of the VAT 908 may be faxed to the CDO for processing, pending the production of the original form.
Separate forms are required for each VAT-registered proprietor and for each individual warehouse. You, or your authorised agent, must insert the VAT deferment approval number, warehouse code and all the other required information, in the appropriate boxes.
15.2.2 Immediate payment
If you are not approved for deferment, you must make payment in cash or by guaranteed cheque with form W50 to HMRC before delivery of the oil from warehouse.
Approved deferment traders may find it necessary from time to time to submit immediate payments on form W50 to avoid exceeding their guarantee level. If this becomes a regular occurrence, you may wish to consider increasing your amount of guarantee cover.
15.2.3 Can VAT be declared other than on a VAT 908 (for example, on a normal VAT invoice)?
No, there is no alternative to completing a VAT 908 where a VAT liability occurs and payment of that VAT is to be deferred. The VAT 908 is used only by businesses who are approved to operate duty deferment arrangements (see paragraph 15.2.1). This is how HMRC is advised of the ex-warehouse VAT liability to be charged to the 8 9 series deferment account. The VAT declared on a VAT 908 (or W50 where payment is immediate) will automatically generate a certificate of VAT paid (C79) which then provides the evidence for input tax recovery (see paragraph 15.10).
The VAT 908 is important for VAT accounting because it provides the only mechanism for the operation of deferment where VAT liability is caused by removal from warehouse.
However, where goods are acquired from other member states, acquisition VAT may be due when those goods are removed from warehouse (see paragraph 15.6.2). This acquisition VAT must be accounted for on the recipient’s VAT Return and, as such, there is no requirement to complete a VAT 908 in these circumstances.
To support acquisition VAT declarations on the VAT Return, you will need to make sure that there is evidence of removal of those goods to home use. How you achieve this is a matter for you as a warehousekeeper to decide, discussing, as appropriate, with the owners of the goods. Although not mandatory, one way to provide this information is to produce, each calendar month, schedules containing the following information:
- community status of the goods
- name and address of warehousekeeper
- owner’s name, address and VAT number (must be the same owner when goods enter and leave the warehouse)
- stock account(s)
- product description and quantity
- date removed from warehouse
- duty exclusive value of the goods
- Excise Duty paid and/or deferred
- VAT (on duty inclusive value)
You should keep schedules for your own goods and for each owner.
If you are not the owner of the goods, you should give one copy of the schedule to the owner(s) before the 12th day of the month following the month of removal and keep one copy with your own records.
15.3 Owner’s obligations
The responsibilities of the owner of warehoused goods include:
- complying with all VAT requirements in respect of the goods, although the warehousekeeper can be authorised by the owner to complete and submit accounting documents as an agent acting on the owner’s authority - the person who removes the goods from warehouse is liable to pay any VAT due
- ensuring that imported fuel on which import VAT or acquisition VAT has not been paid (or payment has been deferred) is segregated in the accounts from UK-produced fuel - owners of UK-produced fuel must also inform the warehousekeeper of all changes in its ownership while it remains warehoused
15.4 Warehousekeeper’s obligations
The warehousekeeper’s responsibilities include:
- ensuring that no fuel is removed from warehouse without the VAT and duties due being paid, secured, or otherwise accounted for (EWER Regulation 15(c))
- recording the quantity of fuel warehoused, and details of the ownership of all imported, acquired or UK-produced fuel which is deposited in duty suspension - it is important that warehousekeepers are aware of changes of ownership of fuel in warehouse, so that forms VAT908 or W50 can be presented in the name of the correct owner - occupiers of independent warehouses, where customers renting tankage allow drawing rights or temporary use of the tanks to other persons, including their own associated companies, should exercise particular care in this area (EWER Regulation 21)
- retaining the receipted copies of form VAT 908 or form W50 referred to in paragraph 15.2 in all cases for inspection by HMRC
- if it’s not possible to physically separate imported or acquired fuel from UK-produced fuel, then the distinction must be made in the warehouse accounts (but see alternative arrangements at paragraph 15.5)
15.5 Tax point: 14th day arrangements
The 14th day arrangement allows the option of paying the import VAT due on refined oil (finished products) or other fuel as if it had been removed 14 days after its arrival in the UK warehouse, instead of immediately prior to it actually leaving the warehouse.
Similar arrangements are in place for accounting for acquisition VAT, which is due on fuel arriving in the UK from the EU.
This agreement avoids problems in identifying fuel which has been put into common storage along with home-produced fuel.
Any company that deals in fuel that is Excise Duty that is suspended in a UK warehouse is eligible to use the 14th day alternative procedures, if they obtain written authorisation from HMRC.
The arrangements may only be used in the following circumstances:
- for fuel which either has arrived in an excise/tax warehouse from outside the UK, so that either import VAT is due, or EU acquisition VAT is due
- the fuel is to be mixed in a UK duty suspended warehouse with other fuel of the same type with no resulting change in character
- it is not possible to identify the original consignments of fuel when the resulting product is removed from the warehouse, either physically, or in the warehousekeeper’s documents and records
Note: fuel which is to be mixed or processed into a different product is not subject to these arrangements; the import or acquisition VAT is extinguished in such cases.
15.6 What is the VAT treatment of fuel?
For an outline of the VAT procedure to be applied in various circumstances, please see below.
15.6.1 Non-EU fuel imported for warehousing
Import VAT applies only to non-EU goods received direct from third countries or by way of another EU member state, which are not in free circulation.
Import VAT is chargeable and payable as if it were a duty of Customs. However, where the import declaration is for removal of the fuel to an excise warehouse, the VAT payment may be delayed until the fuel is delivered to home use or the requirement to pay duty takes effect. The import VAT is legally payable prior to such removal, using:
- form W50 for immediate payments - see paragraph 15.2.2
- form VAT 908 for payments using the duty deferment system - this is available for traders holding a VAT deferment approval number - see paragraph 15.2.1
- alternatively, those traders approved to use the special 14th day arrangements described at paragraph 15.5 may either present form W50 14 days after receipt of the fuel into warehouse, or enter the import VAT on form VAT 908 for the month in which the 14th day after receipt into warehouse falls
Supplies of imported oil that take place in warehouse before the Excise Duty point are disregarded for VAT purposes, as they are deemed to take place outside the UK.
Fuel that is essentially imported but which contains a small proportion of home produced components (for example, motor spirit containing additives) may be treated as wholly imported fuel.
15.6.2 Community status fuel acquired from other EU member states for warehousing
a. Product not supplied in warehouse
Fuel acquired from other EU member states (both of EU origin and non-EU origin but upon which customs duty has been paid), and which are not subsequently supplied while in warehouse, are liable to acquisition VAT unless they are refined in the UK to create a new product (see paragraph 15.6.3).
While the duty suspended fuel remains warehoused there is no need to account for tax on the acquisition. If the acquirer is required to pay the Excise Duty and/or delivers the fuel from warehousing to home use in the UK, the acquisition VAT must be declared on their VAT Return (form VAT 100):
- for the period covering the time of removal or requirement to pay Excise Duty
- with authority from HMRC, for the period in which the 14th day after the receipt in warehouse falls, under the special arrangements described in paragraph 15.5
The acquisition VAT should be entered as output tax and may be treated as input tax on the same return, subject to the normal VAT rules.
Additionally, for completeness and to account for Excise Duty, warehousekeepers must submit:
Separate forms W50 (in respect of immediate payments of duty) appropriate to the acquisitions. ‘ACQ VAT’ is to be inserted in the ‘VAT Deferred/Paid’ box. The boxes for VAT registration and value for VAT should be completed, and where Excise Duty is to be deferred, there is no requirement to complete a VAT 908.
However, for acquisition VAT only, and to support declarations on VAT Returns, warehousekeepers will need to make arrangements to provide the necessary audit trail information linking the delivery of fuel into the warehouse to delivery for home use (unless the notional 14-day throughput arrangement has been authorised). How this is best achieved is a matter for individual warehousekeepers to decide in consultation with product owners, as appropriate. In cases of difficulty, please contact the Helpline on 0300 200 3700.
b. Product supplied in warehouse
VAT does not need to be accounted or paid on the supply of any goods while they are warehoused, except on the final supply made in a UK warehouse. The eventual buyer of the goods who delivers them to home use in the UK (including those traders not VAT registered) must complete a removal declaration and, at the same time, pay both the Excise Duty and the VAT on that supply, using form W50 or VAT 908 as appropriate. Alternatively, approved businesses may use the 14-day arrangements described in paragraph 15.5.
Acquisition tax is not due if there has been a supply of the goods in the warehouse.
15.6.3 Home-produced fuel
Fuel refined in the UK from:
- crudes imported from third countries or acquired from other EU member states
- semi-refined product imported from third countries or acquired from other EU member states
- refinery feedstock imported from third countries or acquired from other EU member states
are all regarded as UK-produced oils, and any import VAT or acquisition VAT otherwise due on the non-UK constituents are extinguished. This applies only if the refining process creates a product of a different character.
If UK-produced fuel, as defined above, is supplied while in warehouse, the supply is disregarded for VAT purposes, unless it is the last or the only supply of that finished product in warehouse. The warehousekeeper, or the person who eventually buys the fuel and delivers it to home use in the UK upon payment of Excise Duty, must make sure that a removal declaration is completed and that the VAT is accounted for on form W50 or on form VAT 908, as appropriate.
When it is clearly agreed between a supplier and a buyer that ownership of the fuel passes to the buyer while it is still in a duty suspended warehouse, that is, before it goes through the delivery meter, then supply VAT becomes payable to HMRC by that buyer and not by the supplier from whom they bought it. Equally, if a buyer is invoiced before the fuel is delivered then the buyer is responsible for the payment of the VAT. The terms of the supply (for example, ex-warehouse duty paid) are to be clearly established before the goods are delivered, so that no doubt whatsoever exists about who is responsible for payment of the VAT or about the accounting procedure to be used. See paragraph 15.10 for advice on evidence for input tax deduction.
Provided that the refiner delivers UK-produced fuel to home use without being supplied (either by sale or exchange in warehouse), no VAT arises on the removal. Where the time of supply for VAT purposes is after delivery from duty suspended warehouse, a VAT invoice must be issued and the VAT included in the supplier’s next VAT Return.
15.6.4 Fuel produced or manufactured in the UK and mixed with imported or acquired fuel or additives
If UK-produced oil is mixed or blended in warehouse with EU or non-EU oil, resulting in a new product of a different character, the new product will be treated as home-produced and dealt with under paragraph 15.6.3. Any acquisition or supply that takes place before the change of character occurs can be disregarded for VAT purposes.
Where the fuel shares common storage and the mixing does not result in a new product being created, the VAT remains payable on the non-UK fuel within the tank when the goods are removed from duty suspension, unless the notional 14-day throughput arrangement has been authorised and applied. Delivery documents for transactions in duty suspension must identify imported fuel and state whether or not it is liable to customs duty. Any customs duty due must be paid on form C88.
15.6.5 Fuel exchange arrangements
If the exchanged goods are in warehouse at the time of supply, these supplies are treated in the same way as other supplies made in warehouse.
Exchanges of fuel that take place outside a duty suspended warehouse must have VAT invoices issued for supply VAT purposes on such deliveries.
15.6.6 Removals to other member states under warehousing arrangements
Where goods are supplied under duty suspension from a warehouse in the UK direct to a warehouse in another EU member state, the supply is treated for UK VAT purposes as taking place outside the UK.
15.7 What is the VAT treatment of associated services in warehouse?
Some services associated with goods held in warehouse can be relieved from VAT at the time they are supplied, under section 18C of the VAT Act 1994. The relief is achieved by zero rating the eligible services. VAT becomes due on such services when the goods concerned are subsequently removed to home use, or at the duty point.
15.7.1 What services are eligible for zero rating?
These are restricted to those services that are both:
- physical services that take place in the warehouse
- directly associated with the goods held in the warehouse - these include any processes that create a new product, and other services such as storage and secondary packaging
Services, such as brokerage, agents’ fees and transport between warehouses are not included.
15.7.2 How supplies of services may be relieved
For the owner of the goods
If, as owner of the goods, eligible services are supplied to you by a third party, you may have the service zero-rated by the supplier. To do this you should issue a certificate, stating that the goods are under duty suspension arrangements when you order the services to be carried out. An example of such a certificate is at Appendix R. You may create your own version, but all the information shown in the example certificate must be provided. A certificate is not required for warehouse storage charges; see below.
For the supplier of the service
If you receive a certificate, you should issue a VAT invoice to your customer in the usual way, and at the usual time, but VAT should be shown as zero rated ‘in accordance with section 18C(1) VAT Act 1994’ and no VAT should be charged. You should keep the certificate with your records as evidence to support the zero rating of your supplies. If you don’t receive a certificate, you should issue your invoice and charge VAT (if applicable) in the usual way.
Warehouse storage charges
A certificate is not required to zero rate a warehousekeeper’s storage charges. The warehousekeeper’s invoice should include the words ‘in accordance with section 18C(1) VAT Act 1994’ and no VAT should be charged. If, as owner of the goods, you decide you want the storage charges standard rated, you should notify the warehousekeeper in writing.
15.7.3 Subsequent taxation of previously zero-rated services
Services which, at the time of supply, are zero rated, will subsequently be taxed when the goods to which they are associated are removed from the warehouse to home use, or at the duty point, except in the following circumstances:
- when services create a new product
- when there is a supply of the goods after the service was provided
- when the goods are exported under duty suspension arrangements directly from the warehouse to a third country
- when goods are sent under duty suspension arrangements to a customs or tax warehouse in another EU member state
Any VAT due in respect of previously zero-rated services is to be accounted for, together with the VAT due on the relevant goods, using form W50 or VAT 908 as appropriate. There is no requirement to separate VAT due on the goods, and VAT due on the supply of services; only a total is required. However, a separate record will have to be kept by the person that removes the goods, detailing all zero-rated services received.
15.8 How is fuel valued for VAT purposes?
The value for VAT purposes of fuel removed from warehouse is determined as follows.
15.8.1 Imported fuel, or fuel acquired from other EU member states
The value is normally the delivered price paid at the time of entry for warehousing, plus certain other incidental costs if not already included in the price. In addition the value must include the Excise Duty payable on removal to home use and any Customs Duty paid. See Notice 702: imports or Notice 725: The single market for further details.
The requirements governing the conversion to sterling of any elements of the VAT value, which are expressed in non-sterling currencies, are given in Notice 252: valuation of imported goods for customs purposes, VAT and trade statistics.
15.8.2 Home-produced fuel
The value is based on the last supply and is normally the price paid by the current owner, plus the Excise Duty payable.
15.8.3 Standard Average Values (SAVs)
The use of SAV was withdrawn from April 2011. From that date all VAT due on removals of fuel from warehouse must be accounted for using an accurate valuation of the product.
As in paragraph 15.3, it is the responsibility of the owner of goods at the time of removal from warehouse to comply with all VAT requirements. To allow owners to do this, warehousekeepers must provide them with details of the total amounts removed so VAT can be accounted for.
15.9 Unrebated fuel marked at approved premises
Heavy oil which is marked, or delivered under a marking waiver, from RRMP after removal from warehouse) and which is supplied in loads of 2,300 litres or less, becomes entitled to Excise Duty rebate and, at the same time, the VAT liability changes from the standard rate to the reduced rate of 5%.
More information on the reduced rate is available in VAT Notice 701/19: fuel and power.
15.10 What evidence do I need for input tax deduction?
VAT-registered businesses may normally deduct as input tax the VAT due on the goods they remove from warehouse for the purpose of their business. To reclaim the tax as input tax on their next return, they should hold a centrally-produced VAT certificate on form C79 as acceptable evidence for input tax deduction. If a VAT certificate is not available, copies of forms W50 or VAT 908 certified by HMRC would be an acceptable alternative.
Agents, warehousekeepers and others responsible for clearing another person’s goods from customs control must not deduct input tax on their own VAT Return, but are to make sure the documents are sent to their principals as soon as possible.
15.11 Is VAT chargeable on deficiencies?
VAT is chargeable when Excise Duty is charged on a deficiency of fuel which:
- has been imported, acquired from the EU, or supplied while warehoused
- arises in storage or in transit
Where Excise Duty is charged on a deficiency, import VAT, acquisition VAT or supply VAT becomes due as described in paragraph 15.6.
The VAT is to be paid immediately unless the deficiency occurred during the current calendar month, and payment is to be made by an approved person under the duty deferment arrangements.
When VAT on chargeable deficiencies is paid by, or on behalf of, the owner of the oil, then the owner may, if registered, deduct it as input tax subject to the normal rules. Where someone other than the owner pays the VAT, such as an agent, tax may not be deducted by that payer as input tax. This is because it is not tax on a supply or importation of goods which is for the purpose of the agent’s own business.
15.12 What are the VAT implications for warehoused LPG?
Where LPG sites are authorised as tax warehouses, LPG will be treated normally as supplies and acquisitions of warehoused excise goods. This means that any supply VAT due is not accounted for until the product is removed from the site, even when traded within the site. Where the LPG site is authorised as a tax warehouse, any import VAT due on incoming non-EU LPG is not payable until this LPG is removed from the warehouse for home use in the UK.
When LPG is moved between approved tax warehouses within the UK, we treat it as we treat fuel in general. Where a movement between 2 tax warehouses is made under duty suspension it is treated as a movement in the warehousing regime, and no VAT becomes payable until the LPG finally leaves warehouse control. If the movement is not made under duty suspension terms, any VAT due (either on the importation, acquisition or supply) on removal of the LPG to home use must be paid or accounted for on removal from the first warehouse. Any supplies made after that are treated under the normal VAT supply rules.
Only certain movements of LPG between UK warehouses are to be regarded as under duty suspension.
15.13 VAT treatment of supplies made ‘at the marine flange’
It is common for fuel to be traded at the point at which it is loaded on to a ship. This is usually referred to as trading ‘at the flange’. The VAT treatment of such supplies will depend on whether the flange is in or out of the warehouse. This will be apparent from the terms of the warehouse approval agreed with HMRC. The table below provides examples as to how certain supplies should be treated.
|Fuel supplied at the flange prior to …||Flange is …||VAT treatment…|
|Removal to home use||In warehouse||Supplies made at the flange are outside the scope of VAT. VAT is due when the goods are removed from the warehouse and is based on the value of the last supply made in warehouse.|
|Removal to home use||Outside warehouse||All supplies made at the flange are subject to VAT at the standard rate. Previous supplies may be outside the scope of VAT depending on where the precincts of the warehouse ends. This will be apparent from the terms of the warehouse approval agreed with HMRC.|
|Export outside the EU||In warehouse||Supplies made at the flange are outside the scope of VAT. VAT would normally be due on the last supply made in warehouse but as the goods are to exported the supply is eligible for zero rating provided the conditions in Notice 703: export of goods from the UK are met.|
|Outside warehouse||Supplies made at the flange are subject to VAT apart from the final supply which is eligible for zero-rating provided the conditions in Notice 703: export of goods from the UK are met.|
|Dispatch, other than to a tax warehouse, to a customer in another EU member state||In warehouse||Supplies made at the flange are outside the scope of VAT. VAT would normally be due on the last supply made in warehouse but as the goods are to be removed to another member state the supply may be eligible for zero rating provided the conditions in Notice 725: the single market are met.|
|Outside warehouse||Supplies made at the flange are subject to VAT apart from the final supply which may be eligible for zero rating provided the conditions in Notice 725: the single market are met.|
|Removal to a tax warehouse in another EU member state.||In warehouse||Supplies made at the flange are outside the scope of VAT. Goods removed under duty suspension to a warehouse in another member state are deemed to remain within a warehousing regime for VAT purposes. Therefore, the final supply made in the UK warehouse is also treated as outside the scope of VAT.|
|Outside warehouse||If the flange is outside the warehouse then VAT will normally be due on supplies made at this point. However, where the goods are removed under duty suspension arrangements to an approved warehouse in another member state the supply is outside the scope of VAT. In such cases the goods remain within a warehousing regime for VAT purposes provided they are covered by a valid eAD - see Notice 197: excise goods: receipt into and removal from an excise warehouse of excise goods.|
|Removal to another tax warehouse in the UK||The rules are the same as those for goods which are removed to a tax warehouse in another member state (see above). Further guidance is in Notice 197: receipt into and removal from an excise warehouse of excise goods.|
16. Dealing with HMRC
16.1 What can I expect from HMRC?
We will normally make an appointment to see you, and we will try to make our visit with as little disruption to your business as is possible.
When we make our appointment we will tell you:
- who we want to see
- what records we want to see, and
- how long we think the visit will take
You may, from time to time, be visited by a Road Fuel Testing Unit (RFTU). HMRC will want to sample and test fuel in storage.
16.2 What records must I keep?
As a revenue trader you must maintain records relating to your business affairs. These will be your normal business, management, and accounting records. We will not normally require you to keep any additional records for excise audit purposes. However, if additional records exist (for example, stock accounts) we have the right to see them. Notice 206: revenue traders’ records contains more information.
If you have been approved as:
- the operator of a duty suspended installation
- the operator of a RRMPs
- an RRM
a condition of your approval will be that you must keep records of the following:
- the quantities of marker, or composite solutions, received, and details of the supplier(s)
- the quantities of marker, or composite solutions, added each day to gas oil, kerosene, or light oil, and the quantities of each description of oil to which they have been added
- details of the actual stocks of marker or composite solution held at the premises at the end of each calendar month, and at any time that HMRC may require
You must balance the stock account for each marker or composite solution at the end of each month, as a check that the rate of use is consistent with the quantity of oil marked. It is good practice to make such a check more frequently than monthly. If you are an RRM and you mark only periodically, then it is best for a check to be made by a depot supervisor after each batch is marked and for the check to be evidenced. This reduces the risk that under-marked product is delivered to customers. RRMs must balance their stock accounts even though they mark at premises other than their own.
16.3 How long must I keep my records?
You must keep your records for 6 years. If this causes you problems, you should ask HMRC to allow you to keep your records for a shorter period.
16.4 Do I have to keep paper records?
No. You can keep your records on microfilm or microfiche, provided that the records are legible and you provide the necessary facilities to read the records. You can also keep your records on a computer. Our officers will need to see the appropriate technical documentation as part of their visit. Again, Notice 206: revenue traders’ records has more information.
16.5 What about health and safety?
You must comply with all the legal provisions relating to health and safety, such as the Health and Safety at Work Act 1974. These provisions may include the need to display warning notices, and to issue health and safety instructions, to both staff and visitors.
If you issue special equipment, or protective clothing, to your staff when they are doing things such as handling, inspecting, or sampling oils, then you must provide similar clothing and equipment to our staff when they do the same things.
16.6 Officers’ powers
Our officers may:
- enter and inspect any entered or approved premises and any vehicle on those premises (HOR s47)
- inspect, sample, examine, and, test fuels. (Hydrocarbon Oil Regulations 1973)
- require the production of your business records, and remove or take copies of those records (Revenue Trader (Accounts and Records) Regulations 1992)
If you make or sign, or cause to be made or signed, a declaration relating to the revenue or stock accounting of oils, which is untrue in any significant way, then you could be liable to the following:
- financial penalties
17. Glossary of terms
|AAD||Accompanying Administrative Document - replaced by the eAD, April 2010|
|Approved mixing||mixing of oil in accordance with permission under the Hydrocarbon Oil (Mixing of Oils) Regulations 1985|
|Authorised person||a person authorised by HMRC|
|Aviation gasoline (Avgas)||light oil which is specially produced as fuel for aircraft, at 37.8°C has a Reid Vapour Pressure of not less than 38kPa and not more than 49kPa, and is delivered for use solely as fuel for aircraft|
|Aviation turbine fuel (Avtur)||unmarked kerosene for use as fuel for aircraft engines and delivered under a marking waiver|
|Biodiesel||diesel quality liquid fuel that is produced from biomass or waste cooking oil, the ester content of which is not less than 96.5% by weight, and the sulphur content of which does not exceed 0.005% by weight or is nil|
|Bioethanol||a liquid fuel consisting of ethanol produced from biomass and is capable of being used for the same purposes as light oil. The liquid does not include any substance that is gaseous at a temperature of 15°C and under a pressure of 1013.25 millibars.|
|Central Accounting Point (CAP)||the address at which an approved deferment trader keeps accounts and prepares the warrant form (HO10) which is sent Excise processing team in Glasgow|
|CEMA||the Customs and Excise Management Act 1979|
|Cycle||the sequence in which oils of different types are shipped by pipeline|
|DAN||Deferment Approval Number, consisting of 15 digits from April 2018|
|Dark oil||heavy oil that is darker than ASTM colour 3.0 in the Table of Glass Colour Standards etc; as defined in the Hydrocarbon Oil (Marking) Regulations 2002|
|Deferment trader||a trader who is approved to defer the payment of Excise Duty and who is entitled to account for it on the deferment return, form HO10|
|DERV||Diesel-Engined Road Vehicle, also the name given to the fuel for these vehicles. Sometimes called white diesel.|
|Drawback||the process of reclaiming Excise Duty after providing evidence that duty paid oils have been exported or destroyed|
|Duty paid terminal||an oils terminal where all of the oils in storage have borne Excise Duty|
|Duty suspended premises||a warehouse, where oils are stored without payment of duty before delivery to home use. These are normally attached to the producer’s premises, or are import warehouses.|
|Duty suspension||the process that allows oils to be stored without paying Excise Duty, until the oils are delivered to home use|
|eAD||Electronic Administrative Document, created by an entry on EMCS.|
|EMCS||Excise Movement and Control System, effective for recording intra-EU movements under duty suspension since April 2010.|
|Egress||the point at which oil is delivered out of a pipeline|
|EU||the European Union. The member states are: Austria, Belgium, Bulgaria, Cyprus¹, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.¹Does not include the Turkish Republic of Northern Cyprus|
|Excepted vehicles||vehicles, as defined under Schedule 1 of the Hydrocarbon Oil Duties Act 1979 (HODA), which may use rebated heavy oil. More information is available in Notice 75: fuel for road vehicles.|
|Excise Duty||the UK revenue duty chargeable on both imported and home- produced motor and heating fuels. It is charged at a specific rate on the quantity and description of oil delivered to home use|
|Excise duty point||the time when the requirement to pay any duty with which the goods become chargeable is to take effect - section 1 of Finance (No2) Act 1992|
|Excise goods||goods that are liable to Excise Duty|
|Excise warehouse||a place of security approved by HMRC under the Customs and Excise Management Act 1979 (CEMA), section 92|
|Fuel oil||means heavy oil which contains in solution an amount of asphaltenes of not less than 0.5% or which contains less than 0.5% but not less than 0.1% of asphaltenes and has a closed flash point not exceeding 150°C|
|Gas oil||heavy oil of which not more than 50% by volume distils at a temperature not exceeding 240°C and of which more than 50% by volume distils at a temperature not exceeding 340°C. If it has been marked, it is also known as ‘red’, or ‘red diesel’.|
|Heavy oil||hydrocarbon oil other than light oil (see definition below)|
|Helpline||Excise and Customs Helpline advice service to the trade and public. Telephone: 0300 200 3700.|
|High flash||oil where the flash point is >32°C|
|Home use||delivery to the UK market|
|HODA||the Hydrocarbon Oil Duties Act 1979|
|HOR||the Hydrocarbon Oil Regulations 1973|
|Ingress||the point at which oil enters a pipeline|
|Interface||the boundary between two parcels in a pipeline|
|Kerosene||heavy oil of which more than 50% by volume distils at a temperature not exceeding 240°C. Kerosene is also known as paraffin or burning oil.|
|Light Oil||oil of which not less than 90% by volume distils at a temperature not exceeding 210°C,
which gives off an inflammable vapour at a temperature of less than 23°C when tested in the manner prescribed in the Acts relating to petroleum.
|Low flash||oil where the flash point is <=32°C.|
|LPG||Liquefied Petroleum Gas.|
|LRP||Lead replacement petrol.|
|Marked Oils||those oils that have been marked to claim a rebate of Excise Duty. The oils affected are gas oil and kerosene. These oils are also known as controlled oils.|
|Marking||adding certain chemicals and dyes to oils in order to deter/detect misuse as road fuel|
|Fuels||hydrocarbons that are liquid at 15°C. The terms ‘hydrocarbon oils’ and ‘fuels’ mean the same thing.|
|Motor and heating fuels||The title of this notice refers to the main liquid and gas energy products, but the notice also covers related subjects such as biofuel, bioblend, fuel additives, extenders and tied oils.|
|Officer/Officers||a person commissioned by the Commissioners of HMRC|
|Other heavy oil||oil which doesn’t meet the fiscal definition of kerosene, gas oil or fuel oil (including waste oils or petroleum fuels derived from waste oil)|
|Pipeline||pipelines approved by HMRC for the importation or exportation of oil or gas; or for the movement of uncleared imported oil or gas, or for the movement of dutiable gas from a warehouse without payment of duty - see also CCP.|
|Rebate||the difference between the full rate of duty and the reduced rate allowed on some certain types of oils or fuel when put to certain uses|
|Registered Consignee (RCs)||registered revenue traders who have been approved and registered by HMRC or their EU member state tax authority to receive duty suspended excise goods from other member states and account for duty on them. UK RCs must account for duty when the goods are received in the UK. See paragraph 5.3.1|
|Registered Consignor||registered revenue traders who have been authorised by HMRC to dispatch excise goods in duty suspension to other warehouses or countries.|
|Registered Remote Marking Premises (RRMP)||a duty paid terminal that has been registered and approved to mark oils.|
|Remission||a decision not to collect any revenue owed. If revenue has already been paid, we will repay it.|
|Revenue trader||a person carrying on a trade or business subject to any of the revenue trade provisions of the Customs and Excise Acts, including importing, exporting, producing, handling, processing, packaging, transporting or dealing in goods chargeable with Excise Duty. See CEMA section 1.|
|RFTU||Road Fuel Testing Unit, a mobile unit which tests fuels in vehicles and terminals, to make sure that rebated fuel is not misused and that the revenue is protected.|
|RRMR||the Hydrocarbon Oil (Registered Remote Markers) Regulations 2004|
|RTR||the Revenue Traders (Accounts and Records) Regulations 1992|
|Tax warehouse||see paragraph 3.4|
|Temporary Registered Consignee||The updated equivalent of the Occasional Importer - someone who has to account for the duty before importing excise goods. See paragraph 5.3.1.|
|Tied oils||oils delivered to customers fully relieved of Excise Duty because of the specific use to which they are put - see Notice 184A: mineral oil put to certain use - Excise Duty Relief for further information.|
|Unleaded petrol||petrol which contains not more than 0.013 grams of lead per litre of petrol.|
|VATA 94||VAT Act 1994.|
|WOWGR||Warehousekeepers and Owners of Warehoused Goods Regulations 1999 (SI 1999 No 1278)|
Appendix A - rates of duty
(referred to in paragraph 2.1)
Rates of Excise Duty on motor and heating fuel
Note: before accounting for Excise Duty you must make sure that you use the correct rates for products, and that those rates are still current. This is particularly important in the period leading up to, and immediately after, a Budget. You are responsible for ensuring that you use current rates of duty when calculating your duty liability.
Current and historic rates of Excise Duty can be found on GOV.UK, under Fuel duty - Rates and allowances. If you don’t have access to the internet, please phone the Helpline on 0300 200 3700.
Appendix B - methods of testing fuel
(referred to in paragraph 2.4)
Methods of testing motor and heating fuels
The authority for the department to prescribe methods for testing the nature of fuels is contained in HODA 2(1), which affords the power to direct the means by which the descriptions of oil defined in HODA 1 are to be ascertained.
The methods of testing or determining whether any fuel substances are solid or semi-solid at a temperature of 15°C, and the distillation characteristics of oil are as follows:
a. Tests for solidity
a. Material not containing bituminous or asphaltic substances
The method recommended by the Institute of Petroleum for ‘Cone Penetration of Lubricating Grease’ (BS 2000 Part 5C; IP50) for the unworked penetration procedure, but the measurements shall be carried out at 15°C. The material shall not be regarded as solid or semi-solid unless it has a penetration number of less than 200 units.
b. Coal tar, whether or not refined
The method recommended by the Standardisation of Tar Products Test Committee (Serial No RT3-62, Part 1). The material shall not be regarded as solid or semi-solid unless the Equi-Viscous Temperature (EVT) is 25°C or over.
c. Bituminous or asphaltic substances, having an asphaltene (hard asphalt) content of not less than 5%
The method recommended by the Institute of Petroleum for ‘Viscosity of Cutback Bitumen and Road Oil’ (BS 2000 Part 72, IP72) uses the Standard Tar Viscometer with a 10 mm cup. The material shall not be regarded as solid or semi-solid unless the efflux time at 15°C is 300 seconds or more. The method is not suitable for material contaminated with water, for which the appropriate method is that described at d. below.
d. Other bituminous or asphaltic substances
The method recommended by the Institute of Petroleum for ‘Penetration of Bituminous Material’ (BS 2000 Part 49; IP49), but the thermometer used should conform to specification IP8C and the penetration should be determined at 15°C with a load of 100 grammes for 5 seconds. The material shall not be regarded as solid or semi-solid unless it has a penetration number of less than 200 units.
b. Distillation tests
The method of determining the distillation characteristics of oil shall be as follows:
a. petroleum products: the relevant method recommended by the Institute of Petroleum, and
b. coal tar products: the relevant method recommended by the Standardisation of Tar Products Test Committee.
For the purpose of distinguishing between light and heavy oil for excise purposes, distillation shall be carried out by methods BS2000 Part 123; IP123.
c. Details of test methods
The methods above bearing the prefix IP are published on behalf of the Institute of Petroleum in ‘Standard Methods for Analysis and Testing of Petroleum and Related Products’. These methods have been adopted by the British Standards Institution and are issued in a series under the general prefix BS 2000 followed by the IP number. The methods of test of the Standardisation of Tar Products Test Committee are those published in the ‘Standard Methods for Testing Tar and its Products’.
d. Testing unleaded petrol for octane number
The method of testing unleaded petrol to ascertain its:
- research octane number (RON) shall be ASTM 2699 specified in BS EN 25164
- motor octane number (MON) shall be ASTM 2700 specified in BS EN 25163
Note: BS EN means, in relation to each of the numbers specified above, the British Standard published by the British Standards Institution under each of those numbers and in force at the time of the test, and ASTM means the method of test published by the American Society for Testing and Materials (under each of the numbers specified above) and respectively referred to in those British Standards.
In all cases the method current at the time of test shall be used.
Appendix C - warning notices
(referred to in paragraph 2.7)
Warning notices to be displayed at duty suspended fuel installations and remote marking premises
1. Duty suspended premises
Note: HMRC previously referred to duty suspended installations as Bonded Installations. Existing warning notices, which refer to ‘Bonded Installations’ will continue to fulfil the requirements of this notice. Any replacement(s) of existing notices should comply with the revised wording below.
Warehousekeepers and producers must make sure that sufficient warning notices in bold format are prominently displayed in such a way that all employees, carriers or visitors cannot fail to see them. The following notice is acceptable:
DUTY SUSPENDED INSTALLATION
DUTY HAS NOT BEEN PAID ON THE OIL KEPT HERE.
REMOVAL WITHOUT AUTHORITY OF ANY OIL
REMOVAL WITHOUT MARKING OR COLOURING OF OIL WHICH OUGHT TO BE MARKED OR COLOURED MAY INCUR SEVERE CUSTOMS PENALTIES:
FORFEITURE OF OIL
FORFEITURE OF VEHICLE
Operators should display warning notices in such a manner that all employees, carriers or visitors cannot fail to see them. The notices are to be in bold format and in the following text:
REMOVAL WITHOUT MARKING OF OIL WHICH OUGHT TO BE MARKED MAY INCUR SEVERE CUSTOMS PENALTIES:
FORFEITURE OF OIL
FORFEITURE OF VEHICLE
Appendix D - Production of oil
(referred to in paragraph 3.3)
‘Production’ of oil for Excise Duty purposes
The term ‘refining’ is not defined in UK excise law, but for fuel duty purposes it includes treatment of oil which results in a chemical change of its characteristics.
2. Examples of specific processes which constitute refining
The following processes constitute refining, and must be conducted in an entered fuel producer’s premises:
- fractionation - separation of a complex liquid into its constituents, or groups of constituents, which are called ‘fractions’ - separation depends upon differences in the densities or viscosities or temperatures of boiling, solidifying or crystallising of the constituents
- distillation - the most common form of fractionation used is distillation, which produces fractions boiling at different temperatures
- cracking - related to reforming
- reforming - a general term for the process where the chemical structure of oil is changed by the application of heat, possibly in the presence of a catalyst or accompanied by increased pressure or blending or a vacuum - it is loosely distinguished from cracking in that the change produced is less extreme
- blending - mixing of various components in the preparation of a product of specified properties
- conversion of oil into any substance which is not a fuel
- incorporating any gaseous or solid hydrocarbon substance into any fuel
However, persons (individually or class) approved under Notice 184A: mineral oil put to certain use - Excise Duty Relief as users, repayment users, or furnace operators may, while using oil under the terms of their approval, conduct a process which amounts to refining or production of oil.
3. Examples of processes which don’t constitute refining
The following are examples of production processes which don’t constitute refining (although they may be conducted in a fuel producer’s premises):
- application of heat or pressure to oil as a result of which the characteristics of the oil are unchanged when it is restored to its previous temperature and pressure
- operations permitted in warehouses generally (for example, removing water from oil, filtering, etc)
- mixing of oil with non-hydrocarbon substances to produce composite goods in which the oil is not changed chemically)
- use of oil as a solvent or extractant in the treatment of substances which are not fuels
‘Production’ of oil (HODA s2(4)) includes:
- obtaining oil from any substance or natural source
- obtaining one description of oil from another
- subjecting oil to any process of purification or blending
‘Production’ also includes all activities under paragraph 2 above.
Appendix E - approval of warehouses
(referred to in paragraph 3.7.4)
Approval of a motor and heating fuel warehouse - standard conditions
The provisions of the law and regulations relating to the duties on motor and heating fuel are complied with.
Warehousekeepers follow the requirements of this notice relating to the storage, measurement and marking of fuel, the procedures to be operated, the records to be maintained and the vessels, plant, equipment and accommodation to be provided.
The working conditions on the premises are safe and free of risk to the health and safety of all of our staff on those premises, and any requirements concerning health and safety laid down by any competent authority are complied with.
Appendix F - Approval of floating storage as a warehouse
(referred to in paragraph 3.8.4)
Warehouse approval of floating storage for bunkering ships
1. Details required
To apply for HMRC approval of floating storage as a warehouse for bunkering ships, you should provide us with the following information:
- name of the operator of the craft and description of the operational procedures
- the identifying particulars of the craft, and the marks and numbers and capacities of each tank to be approved
- location of the craft or, if applicable, the limits of its movement
- the descriptions of fuel to be carried, and whether it is for bunkering foreign-going vessels or ships or hovercraft (but not pleasure craft) engaged on marine voyages (see paragraph 7.5)
- plan or plans showing the layout and interconnections on the craft of the tanks to be approved and other tanks
- proposals for providing safe means of access to the craft
- the means to be adopted for taking account of the fuel on board that craft
2. Conditions of approval
Approvals of floating storage will be subject to the same conditions as apply to onshore base warehouse approval. In addition the following will apply:
2.1 For all craft:
- facilities are to be provided and maintained to allow our officer at any time, without danger to health and safety, to take account of the fuel in the approved tanks or to examine any other tanks on the craft
- the accuracy and continuing accuracy of all measuring equipment is in line with the requirements detailed in section 4
receipts into the approved craft tanks are to be restricted to heavy oil on which duty has not been paid, either from other approved tanks in the base warehouse or from another approved warehouse, refinery or entered premises
- deliveries from the tanks of the approved craft are to be restricted to:
a. delivery without payment of Excise Duty (heavy oil only) for use on board vessels, including hovercraft but not pleasure craft, engaged on marine voyages (see paragraph 7.5)
b. shipment without payment of either Customs Duty or Excise Duty as stores or bunkers on entitled foreign-going ships
c. duty suspended deposit in other approved tanks in the warehouse
- a running stock account of the duty suspended oil in each approved craft tank is to be kept on board and is to be available to our officer at any time
- all duty suspended oil in the approved craft tanks, and all receipts and all deliveries are to be accounted for as stock receipts and deliveries of the associated onshore warehouse
- proper evidence of shipment is to be obtained for each delivery of oil for ships’ or hovercraft bunkers, and retained at the base warehouse
- the approval of the craft tanks may be withdrawn or varied if it appears to our officer that the craft is mainly used otherwise than for bunkering ships or hovercraft
2.2 For permanently moored craft:
Advise our officer if you intend to move the craft from its specified mooring.
2.3 For mobile craft:
Keep a record showing:
- the dates of arrival and departure of the craft
- details of all journeys
- particulars of all duty suspended receipts into and deliveries from each craft tank
- the place or vessel whence that oil was received
- the place or vessel and purpose of each disposal
Note: as a vessel engaged on a marine voyage such mobile craft are entitled to bunker fuel themselves from the warehouse stock of duty suspended oil on board.
At the end of each accounting period you must balance this craft account and pay duty on any unexplained loss of duty suspended oil.
Appendix G - common storage stocks (losses and gains)
(referred to in paragraph 3.9)
Common storage stocks: accounting for storage loss/gain
1. Method of calculation
- calculate the storage loss percentage for the stock as a whole using the formula: loss x 100 opening stock + receipts
- apply this percentage to the opening stock plus receipts of duty paid oil, disregarding the period of time that duty paid stock has been in storage
- de minimis losses may be ignored; you should agree a figure locally with us
2. Accounting for losses/gains
Where duty paid stock remains in duty suspended storage at the end of a calendar month, you must take account of the notional loss/gain.
If duty paid stock is exhausted at the end of the calendar month and a notional loss has occurred, duty must be paid on the loss by including the amount on the next duty deferment liability schedule. Where a gain has occurred, credit of duty should be taken in the next deferment period by adjusting the account of dutiable deliveries.
1,000,000 litres duty paid premium motor spirit received into duty suspended stock on 25 July and deliveries exhausted 9 August. PMS storage loss for July = 0.04%, August = 0.05%.
1,000,000 × 0.04% = 400 litres to be deducted from duty paid stock remaining at 31 July.
Duty paid book stock remaining at 31 July - 650,000 litres
Less July storage loss - 400
Opening stock at 1 August - 649,600 litres
Duty paid stock exhausted on 9 August, so no duty paid stock on hand at 31 August.
649,600 × 0.05% = 324 litres
Duty to be paid on 324 litres in deferment period 15 August to 14 September.
Appendix H - Standard Temperature Accounting (STA)
(referred to in paragraph 4.3)
STA for Excise Duty purposes
The Energy Products Directive 2003/96/EC Article 12(2) requires all member states to charge Excise Duty on litres measured at a standard temperature of 15°C. The method of conversion of ambient temperatures to 15°C preferred is by the use of Automatic Temperature Compensating (ATC) meters. (These meters are fitted with temperature sensing and compensating equipment. This equipment automatically and continuously applies corrections to the meter in order to give a read-out in litres at 15°C). However we accept that it is impractical for the oil industry to replace its measurement equipment with ATC meters solely to comply with the Directive’s requirements, and so HMRC accept the operation of STA by ‘best practicable means’.
The aim in producing these guidelines has been to specify minimum standards. Businesses whose measurement systems are superior to those specified in these guidelines will be expected to use the superior systems. Any system should be based on the minimum requirements specified in these guidelines.
2. De minimis conversion levels
Companies will be expected, wherever practicable, to convert bulk litre measurements to standard litres for Excise Duty accounting purposes. In some instances it may be impractical, or unreasonable, to convert measurements to standard litres. It has been agreed, therefore, that a de minimis limit may apply to certain transactions. Examples of these transactions are given below. The de minimis limit has been set in litres and applies to each transaction. To reflect differing duty rates 2 limits have been set. These are products for use:
- as road fuel or as Aviation Gasoline (Avgas) - 4,000 litres
- other than as road fuel - 80,000 litres
These limits are not automatic entitlements. We must agree that conversion to standard litres is either impractical or unreasonable, but our involvement will be limited to agreeing the system for application of the de minimis levels at individual installations, including the definition of ‘transaction’, and to subsequent audit of the system. There is no requirement to consult us on a ‘per transaction’ basis, but any proposal to change a system must be discussed with us before it is introduced.
For de minimis transactions bulk litre figures should be entered on payment or claim forms as if they were standard litre figures. Authority to use the de minimis conversion levels may be withdrawn if abuse of the concession is established. The submission of multiple bulk litre claim forms to avoid the requirement to convert to standard litres would be considered to be such abuse.
The de minimis conversion levels may apply to:
- any duty paid delivery
- chargeable deficiency
- repayment claim
- contamination claim
- netting claim
where the quantity is below the de minimis limits shown above. These may be declared, claimed or otherwise dealt with in bulk litres. Claims on form H09 for volumes below the de minimis figure of 4,000 litres may also be in bulk litres.
3. Measurement procedures
Procedures for measuring temperature, density and volume of fuel and oil products are to be based on those specified by the Energy Institute in their Measurement Manual.
The measurement of temperature is to be made as close as possible to the point at which volume is measured. A record is to be made of all steps taken in converting ambient temperature to 15°C.
4. Conversion procedures
Adjustments for STA shall be calculated on the basis of the tables published by the International Organisation for Standardisation (ISO) under the reference ISO 91-1 (Petroleum Measurement Tables - Part 1: Tables based on reference temperatures of 15°C and 60°F). ISO 91-1 has been adopted by the British Standards Institution (BSI) as BS 6441.
Adjustments for products other than those covered by ISO 91-1 shall be calculated on the basis of appropriate internationally recognised tables (for example, ASTM D 1555: Standard Method for Calculation of Volume and Weight of Industrial Aromatic Hydrocarbons).
Note: companies using tables referenced as ASTM D 1250/80 should note that these tables are still current, but their title is incomplete. They are more properly known as API 2540/IP200/ASTM D 1250/ANSI-ASTM D 1250, and are a collection of tables and associated documents. This complete set of printed tables, their implementation procedures (which are the true standard), and various errata notes and Guidelines for Users, have all been adopted as ISO 91-1.
For all receipts and deliveries density is to be measured either by the use of pipeline densitometers or by laboratory testing of samples drawn from the appropriate storage tank or receiving vessel.
The frequency of density measurement is to be not less than once per batch of fuel received into the receipt or delivery tank(s).
6.1 Into storage tanks
Temperatures are to be taken in the receipt tank(s) and the volume received in standard litres determined by:
- the calculation of standard volumes in the receipt tank(s) before and after the movement and taking the difference
- for small quantities (relative to the receipt tank), by determining the volume, temperature and density in the delivery vessel by an appropriate method for example, by weighing or dipping and sampling a Road Tank Wagon (tanker lorry)
Receipts to be taken as advised. Stocks to be accounted for in whole drums.
Using non-ATC meters, temperature measurement should be taken by one of the following methods:
- by measuring the temperature of the fuel in the delivery line as near to the meter as possible
- by temperature measurement in the delivery tank: at frequent intervals, for example, 08.00, 12.00, 16.00, 20.00 or as appropriate during the period of deliveries - each temperature taken to be used for the following period, or at least twice during the delivery period and averaged
7.2.1 Using non-ATC meters
Temperature measurement should be taken by one of the following methods:
- by measuring the temperature of the fuel in the delivery line as near to the meter as possible
- by temperature measurement in the delivery tank: at suitable intervals, for example, 08.00, 12.00, 16.00, 20.00 or as appropriate during the period of deliveries - each temperature taken to be used for the following period, or at least twice during the delivery period and averaged
7.2.2 Volume account taken in delivery tanks
Temperature should be taken in the delivery tank before and after each train parcel and the volume in standard litres calculated as the difference between the opening and closing standard volumes.
7.2.3 Volume account taken by ullaging rail cars
Temperature should be taken in each rail car and the standard volume calculated in each one or, in at least the first and last car in the train and averaged. In this case the average temperature should be used to calculate the standard volume loaded on the whole train.
7.3.1 Using non-ATC meters
Temperature measurement should be by one of the following methods, by:
- measuring the temperature of the fuel in the delivery line as near to the meter as possible at least twice during the delivery period and averaging the temperatures
- temperature measurement in the delivery tank or receiving vessel at least twice and averaging the temperatures
The temperature should be measured in the delivery tank in which the volume is measured, and the standard volume delivered is to be calculated as the difference between the standard volumes in the tank at the start and end of the movement.
When the delivered volume is based on ship’s figures the temperature may be taken at intervals in the shore tank and averaged, or in the ship’s tanks.
7.4.1 Using non-ATC meters
Temperatures should be taken in the delivery tank at intervals during the delivery and averaged.
The standard quantity delivered should be determined as the difference between the opening and closing standard volumes in the delivery tank(s).
7.5.1 Filled by weight
Standard litres should be calculated from gross weight and tare using the delivery tank temperature and density.
7.5.2 Filled by volume
Use ATC meters or measure temperature in the delivery tank if such meters are not available.
8. Marking at an RRMP
Temperature is to be taken in marked product storage tank.
9. Chargeable deficiencies
Any chargeable deficiencies exceeding the de minimis limits at paragraph 2 must be calculated in standard litres.
Chargeable deficiencies not exceeding the de minimis limits may be presented in standard litres or bulk litres.
10. Tied oils users and distributors, including class approved
Receipt, stock and delivery accounts may be in bulk litres. Common storage of duty paid and tied oils may be allowed provided that any loss is apportioned between the duty paid and tied oil stocks.
Any chargeable deficiencies exceeding the de minimis limits at paragraph 2 must be calculated in standard litres using the temperature and density of the oil remaining in the tank.
In the event of a total loss where the quantity exceeds the de minimis limits the supplier should be asked for temperature and density of the last delivery and this should be used to calculate the standard litres lost.
For more information on tied oils, please see Notice 184A: mineral oil put to certain use - Excise Duty Relief.
11. Repayment users
Each claim for repayment of duty on quantities not exceeding the de minimis limits set out in paragraph 2 may be submitted in bulk litres.
All other claims are to be submitted in standard litres.
Note: the submission of multiple claims in bulk litres to avoid the requirement to convert to standard litres would be an abuse of the concession and would not be acceptable.
Duty paid deliveries to be netted off the deferment schedule should be advised to the CAP in standard litres or with sufficient information to allow the standard quantity to be calculated, if the bulk quantities exceed the de minimis limits set out in paragraph 2.
13. Fuel duty returns and records
Form HO10 must be completed in standard litres (but see paragraph 2, de minimis conversion levels).
Form HO65 must be completed in standard litres unless the quantity involved is less than the de minimis limits.
Form HO9 must be completed in standard litres unless the quantity involved is less than the 4,000 litre de minimis limit.
We would prefer the records specified at paragraph 13.4.1 a. and 13.4.2 a. - c. to be completed in standard litres, but bulk litres will be acceptable provided an adequate audit trail to the balanced stock account is available. Records which contain bulk and standard litres may be acceptable provided there is an adequate audit trail to the balanced stock account.
14. Health and safety
Some procedures specified in these guidelines may raise health and safety issues.
However, health and safety concerns override everything contained in these guidelines. No procedure contained in these guidelines should be followed if there is any health and safety risk.
Appendix I - energy products subject to the movements procedures of EU Directive 2008/118/EC
(referred to in paragraph 5.2)
Energy products which are subject to the movements procedures of EU Directive 2008/118/EC
Article 2 paragraph 1 of Directive 2003/96/EEC sets out the coverage of ‘energy products’ by reference to products falling within certain CN (Combined Nomenclature) codes in the Tariff.
By Article 20 of Directive 2003/96/EEC, the control and movement provisions of Directive 92/12/EEC (now to be read as Directive 2008/118/EC) are limited to the following energy products.
Please note: the CN codes given below are subject to change, and so please always consult the Tariff itself, or our Tariff webpage for the latest codes and other import and export information:
a. products falling within CN codes 1507 to 1518, if these are intended for use as heating or motor fuel;
b. products falling within CN codes 2707 10, 2707 20, 2707 30 and 2707 50
that is, Benzole, Toluole, Xylole and Other aromatic hydrocarbon mixtures of which 65% or more by volume (including losses) distils at 250°C by the ASTM D 86 method.
c. products falling within CN codes 2710 11 to 2710 19 69
However, for products falling within CN codes 2710 11 21, 2710 11 25 and 2710 19 29, the control and movement provisions shall only apply to bulk commercial movements*
d. products falling within CN codes 2711 (except 2711 11, 2711 21 and 2711 29)
e. products falling within CN codes 2901 10
f. products falling within CN codes 2902 20, 2902 30, 2902 41, 2902 42, 2902 43 and 2902 44
g. products falling within CN code 2905 11 00, which are not of synthetic origin, if these are intended for use as heating fuel or motor fuel
h. products falling within CN code 3811, except for lubricant additives under CN codes 3811 21 00 and 3811 29 00.
i. products falling within CN code 3824 90 99 if these are intended for use as heating fuel or motor fuel.
**Bulk commercial movements’ have been defined by the Commission as applying to anything carried in a road tanker, rail wagon or similar that is, it doesn’t apply to drums whatever the number of drums in a consignment.
Simplified procedures may be used for intra-EU movements of tied oil (see Notice 184A: mineral oil put to certain use - Excise Duty Relief) between certain countries under bilateral arrangements entered into by the UK.
Further information about those arrangements can be obtained from:
Mineral Oil Reliefs Centre
Benton Park View
Newcastle upon Tyne
Helpline Telephone: 0300 200 3700
Appendix J - relief for oil used in oil production
(referred to in paragraph 6.2.2)
Relief from Excise Duty: oil used as a fuel to produce energy for use in the treatment or production of oil at an approved producer’s premises
1. What relief is available?
A power plant supplying more than one third of its total energy output for qualifying use may be designated either as part of the entered fuel producer’s premises to which that energy is supplied, or be approved in its own right as a separate fuel producers premises, so permitting removal of oil to that power plant without payment of Excise Duty.
An excise warehouse supplying fuel to a fuel producer for the purpose of creating energy for the treatment or production of oil (see paragraphs 6.2.2 and 7.9) may send that supply using a duty free invoice (see paragraph 7.9), and by paying the duty and then netting it off (see section 12) on their HO10 form, provided they hold sufficient evidence that it will be put to that specific use. You cannot net off the fuel duty or send fuel in duty suspension if it is used for heating or other non-production uses at the customer’s premises.
An operator of a power plant supplying between one sixth and one third of its total energy output for qualifying use (see paragraph 2 below) may be approved to claim repayment of one third of the rebated rate of Excise Duty charged on oil used to fuel that power plant. Applications for approval must be accompanied by an energy balance assessment (see paragraph 3). The application procedure is explained at paragraph 4.
This relief does not extend to Customs Duty, which must be paid in accordance with Notice 171: Hydrocarbon Oils - Customs Duty.
2. What does ‘qualifying use’ mean in this instance?
Qualifying use is defined in section 19A of HODA as ‘use in the treatment … or in the production of hydrocarbon oil’, although this may by regulations also be applied to biodiesel and bioblend. This means that only the use in approved plant and vessels which are actually engaged in the processing and production of oil as defined in law is to be included as part of the qualifying energy balance for the partial relief for power plants, or as fuel which qualifies for the full relief. You couldn’t use either of these reliefs if you already account for this oil under the tied oil relief scheme (please see Notice 184A: mineral oil put to certain use - Excise Duty Relief).
2.1 Qualifying uses
The following uses, which are not exhaustive, qualify:
- heating the feedstock oil in tanks prior to treatment, or in stills, reformers or reactors during treatment
- pumping feedstock oil for treatment, and recycling oil during treatment
- heating or pumping other non-oil materials which are used to react with or treat oil
- maintaining temperature, pressure or vacuum, where necessary, for the treatment of oil
2.2 Uses not qualifying
The following uses, which again are not exhaustive, don’t qualify:
- heating, pumping or other operations on non-oil substances, including the removal from the process of non-oil products, except if they are to be re-used in the treatment of oil or if the removal is part of such treatment
- heating fuel oil prior to transfer to refinery boilers
- space heating, whether of offices or production buildings
- producing other non-oil materials for use in refining (for example producing oxygen by electrolysis of water or by liquefying air)
3. Energy balance
Applications for partial or full relief by power plants must be supported by an energy balance assessment which establishes that the qualifying use of energy meets the terms of the relief scheme. The assessment should include the total energy generated from all fuel sources. It should preferably cover a period of 12-months operations, but must, in any case, cover not less than the minimum repayment claim period of 2 months (see paragraph 9 below).
Where the energy is applied directly the assessment must be based on a separate balance for each point of fuel consumption. If a number of energy sources are linked (for example by a common steam main), entitlement at each source is determined according to the use of the aggregated energy.
If there is a mixed power source (for example gas and oil-fired boilers supplying steam as energy for the treatment of oil and non-oil) the calculation must be based on the total energy usage.
In each case the total energy generated is to be sub-divided into:
A. energy used in the treatment or production of oil (including losses directly attributable to such use)
B. energy used for other purposes (including losses directly attributable to those purposes)
C. energy used within the power source or fed back into sources or lost in distribution.
The qualifying use percentage is to be calculated as:
A x 100A + B
Whenever possible the calculation should be in units of energy such as tonnes of oil equivalent, but if such data is not readily available other units (for example kg of steam or kilowatt hours) are acceptable. The basis of conversion of data to units of energy is to be shown in the calculation.
3.1 Principles applying to energy balance assessments
In a reactor where oil is reacted with other material (such as water) to give a combined product, all the energy supplied is considered to be used in the treatment of oil. However when oil and other material (for example natural gas) are reacted at the same time without reacting with one another, the energy used in the treatment of oil is to be calculated by reference to the proportion of the weight of the oil to the weight of the total goods reacted
Electrical energy generated is to be apportioned according to the uses of the electricity.
Fuel used to raise steam is to be apportioned as for electricity according to the thermal energy of the steam produced, after deducting the steam condensed to preheat the feed water or to operate a water pump or other boiler ancillary.
Normally energy losses are to be ignored. However, a high loss related to a particular use of energy is to be included in that use.
Waste energy recovery
If energy is recovered after use it is to be ignored, unless there is clear intention to apply more energy than is necessary to the first use and put recovered energy to another use.
4. How do I apply for approval for relief?
4.1 Full relief
You should apply in writing to HMRC at the time of application for entry/approval of the production premises concerned. Your application should be supported by an energy balance assessment which establishes that the qualifying use of energy exceeds or is likely to exceed one third of the power plant output.
You must also provide the following information:
- amounts of different types of fuel consumed
- details of furnaces, boiler houses, etc and isolated fuel consumption units (for example generators)
- details of energy: imported (electricity received from outside sources, such as, private power companies);- production by the furnaces, etc referred to above - use and distribution (including steam pressures when steam at more than one pressure is provided and percentages when appropriate), and disposal for outside use (for example electricity to the grid system) supported by flow diagrams of the energy sources and distribution to uses
- brief details of the processes carried out in plant drawing energy from the furnaces, etc and from ‘imported’ energy
When the qualifying use of the power generated is intermittent, separate details are to be given for periods in which there is no qualifying use. We will allow the use of duty free fuel for new plant (or existing plant on a substantial change in use) if there is satisfactory evidence that the power unit percentage is likely to exceed 33.3 over a 12-month period. We will review the position at the end of 12-months working or earlier if any doubts about entitlement exist.
For new plant we don’t allow use of oil without prior payment of duty if the above criterion is not satisfied. However, if there is a reasonable prospect that the qualifying use percentage will exceed 33.3 we will defer the final decision until there is data of actual operations. In these circumstances we will review the position after 6 to 12-months working. Duty paid oil must be used in that initial period, but we will refund any duty paid from the date the written application for approval is received by us if entitlement to the relief is established at the end of the initial period.
Note: we cannot grant approval for any period prior to receipt by us of the written application for approval of the power source.
4.2 Partial relief (repayment by HMRC)
You should complete application form HO53 and send it to the MORC, Newcastle. Use a separate form for each set of premises where oil is used for a qualifying purpose.
Your application(s) should be supported by an energy balance assessment establishing that the qualifying use of energy is not less than one-sixth and not more than one-third of total energy output from the power plant, and you should quote the approval number of the oil production site (if not the same site as the power plant) to which the energy is supplied.
If the production premises to which the energy is supplied is not already designated by us as a fuel producer’s premises, the production site operator should immediately make entry of that premises in accordance with part 3 of this notice.
5. How do you grant approval to claim relief?
5.1 Full relief
We will issue an approval letter. That letter will confirm that the power plant is part of the fuel producers premises, or that it has been designated as a fuel producer’s premises in its own right. The letter will also confirm the effective date, from which supplies of oil will be made without charge of Excise Duty.
5.2 Partial relief (repayment by HMRC)
We will issue a formal certificate of approval (form HO54) containing the:
- address or description of the premises to which it applies
- effective date, from which duty paid oil put to qualifying use may be included in claims for repayment of duty
6. What is the procedure for amending an approval?
You should notify the office which issued the approval of any changes to the information supplied in the original application, preferably before any changes take effect.
You should submit a fresh application for approval when:
- you wish to apply for approval of an additional set of premises
- you transfer the production of energy to other premises
- there is a change in legal ownership of the approved premises
- there is a reduction in the qualifying percentage meaning full or partial relief is no longer valid
7. How must I store and take account of oil on which I intend to claim repayment of duty?
Unless the terms of approval show otherwise, you must store duty paid oil on which you intend to claim repayment of duty in places or vessels approved by us. For each description of oil you must take account of the quantities received, used and in stock at the end of each month.
8. What records must I keep?
Your existing commercial records should suffice, provided that they show the quantities of each description of oil:
- for use as fuel which ought to be in stock
- received from each supplier and used as fuel
9. What is the procedure for reclaiming duty?
You may complete form HO55 for any time-period of between 2 months and 3 years, provided that the amount reclaimed is £50 or more. Your claim should be submitted to MORC within 3 months after the end of each claim period. Before claiming you must be satisfied that:
- the oil is duty paid (and has not been repaid) and has been used as fuel to produce energy at the premises to which the approval applies
- at least 16.6% of that energy has been used for qualifying purposes at the premises named in the certificate of approval
With the claim you should enclose the oil suppliers’ invoices noted with the rate of duty paid, or other evidence of duty payment acceptable to us - you may wish to discuss this with HMRC.
10. Review of entitlement to relief
You must review the qualifying use percentage whenever there is any doubt as to entitlement. You must contact our office which issued the approval you have if the ‘qualifying’ use percentage indicates that a change in, or ending of, relief is likely, or significant changes in circumstances occur that are likely to affect your relief entitlement.
Appendix K - delivery note requirements
(referred to in paragraphs 7.12 and 7.14.4)
Delivery notes and alternative delivery documents: statements and particulars required
1. Delivery notes and copies for oil delivered for the following purposes must bear the statements shown:
|1.1 Oil removed under duty suspension|
|if not liable to customs duty
if liable to both customs duty and Excise Duty
|‘This oil has not borne Excise Duty’
‘This oil is liable to both customs duty and Excise Duty’
‘This oil has/has not been marked’ (as appropriate)
|1.2 Oil removed for use on board vessels on marine voyages||‘This oil has not borne Excise Duty and must be used only on board vessels on marine voyages. HM Revenue and Customs’ permission must be obtained before diversion to alternative use’|
|1.3 Oil delivered as tied oil||‘This oil has not borne Excise Duty and must not be used as heating fuel, motor fuel or additive or extender to motor fuel’|
|1.4 A quantity exceeding 250 litres of rebated kerosene or any quantity of rebated gas oil whether or not marked. (This requirement applies also to deliveries from remote marking premises.)||‘This oil is not to be used as road fuel’|
|1.5 All kerosene delivered as aviation turbine fuel (Avtur)||‘Delivered duty free as fuel for aircraft engines only. HM Revenue and Customs’ permission must be obtained before diversion to alternative use’|
|1.6 Consignments exceeding 50 litres delivered for home use as tied oil where the statement is not given on the invoice||‘This oil may not be used as heating fuel, motor fuel or additive or extender to motor fuel’|
|1.7 Rebated light oil delivered for use as furnace fuel||‘This oil is to be used only as furnace oil in accordance with an approval granted by HMRC’|
|1.8 Waste or defective oil removed from duty suspended premises for destruction elsewhere under the directions of paragraph 7.14||‘This oil has not borne Excise Duty. It must be destroyed without production of useful heat. Not for use as furnace fuel, fuel or lubricant’|
|1.9 All deliveries of aviation gasoline||‘Delivered solely for use as aircraft fuel’|
|1.10 Oil delivered duty free to US Forces||‘This oil has not borne Excise Duty’|
2. Delivery notes and copies for oil delivered for the following purposes must include the particulars indicated:
|2.1 All kerosene (other than Avtur) or gas oil, delivered for home use unmarked at the rebated rate||Particulars of the authorised brand or description of oil and marking waiver authority concerned|
|All unrebated kerosene delivered duty free||Particulars indicating the authority for its delivery duty free|
Appendix L - marking of oil - approval requirements
(referred to in paragraph 8.8)
Applications for approval to mark oil in duty suspended warehouse or at an RRMP
- methods to be adopted and full details of the equipment to be used
- vessels and places proposed for segregated storage of the marking substances or composite solution
- arrangements for security of the marking equipment and marking substances or solutions
- products to be marked
- plant and equipment in which marking is to take place
- tanks in which marked and unmarked products are to be stored
- details of marking waivers (names of customers, description of product and authorisation numbers)
- name(s) and status of persons authorised to sign forms HO9 (for RRMP applications only)
Appendix M - marking of oil - conditions
(referred to in paragraph 8.10)
Conditions of approval to mark oil
Marking substances and solutions containing them must be kept either in a suitable tank or in marked containers in a secure area, and apart from all other substances (HO (Marking) Regs 2002 (HOMR) Reg 10).
Tanks or areas for preparing or storing solutions made with oil that has not borne duty must be approved for duty suspension.
Solutions of different compositions or concentrations must be kept separate (HOMR Reg 10). Marked oil must be stored separately from unmarked oil (HOR Reg 11).
Marking substances and composite solutions may be used to mark oil only in approved duty suspended warehouses or remote marking premises.
Warehousekeepers and persons approved for remote marking must make sure that product is properly marked by regular testing with a Lovibond Comparator or Fluorimeter, supported, where possible, by laboratory analysis.
The respective quantities of composite solutions used and of oil marked each day must be separately ascertained by actual measurement. It must be possible to measure accurately the usage of small quantities of composite solution.
Oil to be marked must be stored in approved tanks, pipelines or in containers stored in approved areas. Composite solution must be mixed with the oil in the correct proportions (HOMR Reg 3)
Solutions of the prescribed substances in oil on which duty has not been paid, or on which duty credit is to be claimed, must be stored in vessels or places included in the approval. The marker or the composite solution must be added to oil only in pipes, vessels or places included in the approval.
The requirements and provisions of the law and Notice 179: motor and heating fuels - general information and accounting for Excise Duty and VAT relating to the duties on motor and heating fuels and all regulations made under the law must be complied with and, in particular, oil on which a rebate is to be claimed must not be delivered for use as fuel in a road vehicle. The full duty (and VAT) applicable to oil on the date duty became due or was deemed to have become due will be payable on demand if this condition is not met.
The working conditions must be safe and free from risk to the health and safety of all official staff on the premises and any health and safety requirements laid down by any authority must be complied with.
Accurate records of all receipts and deliveries must be kept in accordance with the Revenue Traders (Accounts and Records) Regulations (as amended).
Facilities must be made available to sample and measure the marked product, and an acceptable method of reconciliation of the marker(s) used must be applied.
Additional conditions for RRMPs
If required by our officer, advance notice must be given of your intention to mark oil.
For each batch of heavy oil marked on the premises and for each batch subject to a marking waiver a declaration/claim form identified by batch number, must be submitted to our officer.
Our officer must be informed if at any time there is no longer a need for the approval or if the approval has not been used in the previous 12 months.
Measurement accuracy and record keeping must comply with the requirements specified in section 4 and section 13, respectively, of this notice (Hydrocarbon Oil (Registered Remote Markers) Regulations 2005, regulation 8 (2)).
Appendix N - specimen application to mix oil in pipeline
(referred to in paragraph 9.4)
Specimen application for approval to mix oil in pipeline
‘I apply for approval as a mixer of oil in respect of the pipeline system in respect of which *I am the operator/I am a shipper, under the provisions of section 20A of the Hydrocarbon Oil Duties Act 1979 and the Hydrocarbon Oil (Mixing of Oils) Regulations 1985.
In support of this application, I attach a schematic drawing showing the ingress and egress points of the pipeline system through which I ship oil and the means of measurement of oil at each point. The descriptions of oil shipped by me through these points are as follows:
…………………………………………………. ‘*Delete as appropriate.
Appendix O - Conditions for mixing oil in pipelines
(referred to in paragraph 9.4)
Conditions of approval to mix oil in pipelines
1.The amount of additional duty due or credit of duty allowable as a result of mixing in the pipeline system is to be calculated in accordance with the method outlined in section 9 of this notice.
2.The returns required by section 9 of this notice must contain the information specified in that notice and must show the additional duty due or credit of duty allowable for each approved mixer. The returns may be prepared manually or by computer subject to there being an adequate audit trail from the basic information to the returns.
3.The pipeline operator must prepare two returns for each calendar month. Return A is for the pipeline system as a whole. Return B is for each shipper on the pipeline system. In single shipper pipeline system where the operating company is also the shipping company, only return A is required.
4.The pipeline operator must complete the returns for each calendar month and must distribute them as required by section 9 of this notice.
5.Shippers must enter the debit or credit adjustment of quantity and duty for each description of oil as shown on return B (or A in the case of single shipper pipeline) in the duty deferment account at the central accounting point in the period in which the last day of the return falls. Where a shipper is authorised to use another person’s deferment account, the details may be entered in that account.
6.Security in such amount and in such form as HMRC may require shall be provided for keeping to the conditions of this approval and submitting returns.
7.Any changes to the pipeline system affecting any condition of this approval must be advised in writing to HMRC at the address at the head of this letter by the operator or shipper concerned. The operator may advise on behalf of the shipper.
8.The pipeline operator must provide written guidance on the pipeline system, preferably in the form of a ‘user manual’, to all shippers and to HMRC. Shippers must make sure that they obtain this information.
9.HMRC has the right to vary, amend or cancel this approval at any time for reasonable cause.
Appendix P - how to complete form HO10
(referred to in paragraph 13.4.1(c) Central Accounting Points)
How to complete form HO10
The latest version of form HO10 is available from the Helpline on 0300 200 3700.
Note: please don’t use outdated copies of the form.
A Top line (boxes)
Enter the name of your business.
Enter the 15 digit Fuel Duty DAN.
VAT registration number
Enter your VAT number.
Period ending on (date)
Please enter the date as ‘Day/Month/Year’, and the time of the period end as ‘Hours/Minutes’ (24 hour clock).
This will generally be midnight, on the 14th of the relevant month, unless there was a Budget during the current period, when you should use the exact time of the rate change or changes as the end of one period and the start of another.
If you are not sure about how to complete the HO10 at the time of a Budget change, please contact the Helpline on 0300 200 3700, or your usual HMRC contact if you have one.
All entries are positive.
You can see the current fuel duty rates on the GOV.UK website.
In this section, please enter any goods released from warehouse in this period, on the appropriate line, according to the description and tax type. You should record the quantity in standard litres.
The current duty rate should be applied to the litres figure to arrive at the duty due for that product. Repeat this process for all the types of product named on the form that you have released into the UK market in this period. Then total the duty due in this section in the total box at the bottom of the section.
All entries are negative. Square brackets are not required.
In this section, please enter any claims, again according to the product description and tax type code to which each claim relates. Claims may include netting for marine use, drawback for export or destruction, or authorised returns to the duty suspended warehouse (including credits for recovered petrol vapour).
Enter the standard litres figure for each product and apply the current duty rate to it. Then total the duty claimed in this section in the total box at the bottom of the section.
3.Total duty due or claimed
Please enter the total duty due or claimed following the completion of the first 2 sections of the form.
4.Fully rebated or duty free
This section, introduced in 2016, allows us to monitor the release of fuel types that, because of their end use, do not incur a duty payment or claim.
Please enter the quantity in standard litres for each of these products and tax types, which vary according to their end use. There are no duty due or claimed boxes in this section, and so the total figure at section 3 above is not affected by the completion of this section.
Complete as requested.
For acceptable signatories see paragraph 11.5
Appendix Q - certificate for VAT zero rating of services in warehouse
(referred to in paragraph 15.7.2 How supplies of services may be relieved)
Certificate required to secure zero rating of services (other than the supply of warehousing) performed in warehouse
Information to be indicated:
I ……………………………………………………. (full name) ……………………………………………………… (status in company) of ………………………………………………….. (name and address of company) declare that the goods shown below are subject to a warehousing regime at the place indicated below:
- description of the goods
- quantity of the goods
- warehouse stock number
- name and address of warehouse
- authorisation number of the relevant warehousekeeper/warehouse
and that the following services are to be performed on the goods in the warehouse:
I certify that the supply of services is eligible to be zero rated for VAT purposes under section 18C(1) of the VAT Act 1994. ………………………………………………….. (signature) ………………………………………………….. (date)
Note: you should be aware that there are severe penalties for making a false declaration. If there is any doubt about a supply being zero rated you should contact the Helpline on 0300 200 3700 before signing and giving the certificate.
A copy of this certificate should be filed with the supplier’s invoice.
Your rights and obligations
Your Charter explains what you can expect from us and what we expect from you.
Do you have any comments or suggestions?
If you have any comments or suggestions to make about this notice, please write to:
3rd Floor West
3 Stanley Street