Paragraph 20 Assessments of amounts of CBAM

United Kingdom

(1)

Sub-paragraph (2) applies where it appears to an officer of Revenue and Customs that—

(a)

any period is an accounting period by reference to which a registered or registrable person is liable to CBAM,

(b)

an amount of CBAM for which the person is liable to account by reference to that period has become due, and

(c)

there has been a relevant default by the person (see sub-paragraph (3)).

(2)

The officer of Revenue and Customs—

(a)

may—

(i)

in a case where the amount of CBAM due from the person for that period cannot be ascertained, assess the amount due from the person for that period to the best of their judgement;

(ii)

in any other case, assess the amount due from the person for that period, and

(b)

where such an assessment is made, must notify the person of that amount.

(3)

The following are “relevant defaults”—

(a)

a failure to comply with a requirement of paragraph 2 (registration) or paragraph 4 (updating or correcting registration information);

(b)

the provision, in purported compliance with paragraph 2 or 4, of incomplete or incorrect information;

(c)

a failure to make a return required by paragraph 7;

(d)

a failure to keep documents, or provide facilities, necessary to verify returns required by paragraph 7;

(e)

the submitting, in purported compliance with paragraph 7, of an incomplete or incorrect return;

(f)

a failure to comply with a requirement imposed under paragraph 14 or by paragraph 15 (keeping and preserving records);

(g)

a failure to provide HMRC with complete or accurate information in complying with any requirement imposed by or under this Part of this Act;

(h)

an unreasonable delay in complying with a requirement, where the failure to comply would be a default within any of paragraphs (a) to (g).