Regulation 28 Ascertainment of the amount of duty charged or paid

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 28(2)(b) word substituted by Beer, Cider and Perry and Wine and Made–wine 2008 reg. 2(4)(a)
reg. 28(4) inserted by Beer, Cider and Perry and Wine and Made–wine 2008 reg. 2(4)(b)
reg. 28(3)(b) modified by Finance (No. 2) Act 2023, Part 2 (Alcohol Duty) (Appointed Day, Savings, Consequential Amendments and Transitional Provisions) 2023 reg. 7

(1)

Except as the Commissioners otherwise allow, the amount of duty charged or paid shall be ascertained by reference to—

(a)

the quantity of the spoilt beer (determined in accordance with paragraph (2) below);

(b)

its strength (determined in accordance with paragraph (3) below); and

(c)

the rate of duty charged upon it.

(2)

The quantity of the spoilt beer shall be—

(a)

in the case of beer which is returned in the same containers in which it left the claimant’s premises and from which no beer has been removed, the amount upon which the duty was charged; and

(b)

in any other case, the quantity of beer upon which the duty was charged which is returned.

(3)

The strength of the spoilt beer shall be—

(a)

in the case of beer which is returned in the same container in which it left the claimant’s premises and from which no beer has been removed, the strength by reference to which the duty was charged; and

(b)

in any other case, the lesser of the actual strength ascertained in accordance with regulation 18 above and the strength by reference to which the duty was charged.