伊人直播

Introduction

Alcoholic Ingredients Relief聽provides for the repayment of Alcohol Duty charged on spirits, beer, wine, other fermented products (previously called made-wine) and cider when used in the production or manufacture of products, such as:

• alcoholic products with a strength not exceeding 1.2% alcohol by volume (ABV)
• chocolates for human consumption containing no more than 8.5 litres of alcohol per 100kg聽of chocolate
• other foods for human consumption (not including beverages) containing no more than 5 litres of alcohol per 100kg聽of the final product
• vinegar

Alcoholic product includes spirits, beer, wine, other fermented products and cider.

Beer is a malt beverage and includes ale, porter, stout and any other product which is made or sold with a description of beer (or as a substitute for beer). It has a strength of more than 1.2% ABV and includes mixtures of beer with non-alcoholic drinks.

Cider or perry is made from fermenting apple or pear juice, without adding any other alcoholic product, or anything which gives colour or flavour (unless HMRC Commissioners allow them as being necessary for the production). It has a strength of more than 1.2% ABV but less than 8.5% ABV (at a temperature of 20掳C).

In addition, the pre-fermentation mixture should satisfy the pre-fermentation requirement and the cider should satisfy the final product juice requirement.

Other fermented products include any other alcoholic product with a strength of more than 1.2% ABV, which is made by either:

• the alcoholic fermentation of any substance
• mixing any alcoholic product made from the alcoholic fermentation of any substance with anything else (but is not wine, beer, cider or spirits)

Spirits include spirits of any description which have a strength of more than 1.2% ABV. This includes all alcoholic products mixed with spirits, and all mixtures, compounds or preparations made with spirits.

Wine includes any alcoholic product with a strength of more than 1.2% ABV, which is made from the alcoholic fermentation of fresh grapes or the must (juice) of fresh grapes, whether or not the liquor is fortified with spirits.

Your responsibilities

As a claimant of the relief we expect that you鈥檒l be a revenue trader, that is, involved in any way with goods or services liable to excise duty, whether or not the duty has been paid.聽Notice 206 Excise goods: Revenue traders鈥� records explains in more detail.

As a claimant of the relief you must:

• exercise control over the production or manufacture of eligible articles, if you鈥檙e a producer or manufacturer
• keep complete and accurate accounts and records of the purchase and use of alcoholic products
• permit our officer to enter and inspect your premises and the production or manufacturing processes of any product in which alcoholic product is used
• upon request supply our officer with information and documents relating to the products supplied
• submit claims covering a 3 month period in which the eligible article was created within 3 years of the ending of that 3 month period
• comply with the requirements of this notice

If you fail to comply with the law, penalties may be imposed.

The applicable law

The main laws governing the use of spirits, beer, wine, other fermented products, cider and perry in the production or manufacture of eligible articles can be found in the following:

• (SI 1992/3135)
• (SI 1992/3150)

Nothing in this notice overrides the requirements of the law.

听贰濒颈驳颈产颈濒颈迟测

聽Eligible articles

In this notice we use the term 鈥榚ligible articles鈥�, this means:

• beverages with an alcoholic strength not exceeding 1.2% ABV
• chocolates for human consumption containing no more than 8.5 litres of alcohol per 100kg聽of chocolate
• other foods for human consumption (excluding beverages) containing no more than 5 litres of alcohol per 100kg聽of the final product
• vinegar

聽Determining if products are eligible articles

Where your final product is a liquid (other than vinegar), for example, a soft drink, the alcoholic strength of the liquid must not exceed 1.2%聽ABV.

Where your final product is a solid or semi-solid article such as a frozen meal, the proportion of alcohol contained in the product must be compared against the net weight of the product, which is the weight excluding any:

• packaging
• inedible accessories supplied (fork, spoon, dish, and so on, but not inedible parts of the article itself, for example, the bones in a chicken)
• products not normally associated with the eligible article for example, free gift

Products that consist of separate parts

If the product consists of separate parts, not all of which contain alcoholic ingredients, (for example, a convenience food item consisting of a wine-based sauce with a separately packaged portion of rice), these may be taken together when assessing eligibility, provided you supply them as one product.

Products produced by cooking

Where a product is produced by cooking, the alcoholic ingredients will normally boil off during the cooking process leaving little or no alcohol in the final product. However, there will be occasions where the proportion of alcohol in the recipe exceeds the eligibility criteria and there鈥檚 doubt as to if the cooking process has reduced the level of alcohol to within the limit. In those cases it鈥檚 your responsibility to have the product analysed in support of your claim.

听贰濒颈驳颈产颈濒颈迟测 to claim the relief

You may claim relief from duty if you:

• produce or manufacture eligible articles using duty paid alcoholic products, or provide alcoholic products which are subsequently used to produce eligible articles
• comply with the requirements set out in this notice

As an alternative to claiming relief from duty, you may be eligible to produce or manufacture your products using duty unpaid alcoholic products. For information on this facility, read 鈥楳anufacture of eligible articles using duty unpaid alcoholic products鈥� in this notice.

You鈥檙e not eligible to claim the relief if:

• you produce syrups exceeding 1.2%聽ABV聽for use in vending or other point of sale dispensing machines of low alcohol or soft drinks
• you produce beverages exceeding 1.2% ABV聽produced or intended to be consumed in frozen form or you produce products exceeding 1.2% ABV聽intended to be consumed as a substitute for a beverage
• you鈥檙e unable to comply with the requirements set out in this notice

聽Conditions for treatment as an eligible article

To be treated as an eligible article, any products for which a claim for Alcoholic Ingredients Relief is made must be produced or manufactured under carefully controlled conditions and be regularly monitored to make sure they comply with the definition.

Conditions to support treatment as an eligible article include:

• detailed records must be kept of all production and manufacturing processes including the quantities and strengths of alcoholic product used and measurements of the alcohol percentage in the final product 鈥� if products are produced under controlled conditions where alcoholic product is added by a calibrated machine, a representative sample must be checked for compliance with the conditions and results recorded
• if the process is not automated then proof of compliance with the definition will be needed for every eligible article or batch of eligible articles produced 鈥� this will include measurement of alcohol in the final product
• you must be able to prove that the alcoholic product for which the claim is made is the same alcoholic product that has been included in the eligible article 鈥� this will include evidence that sufficient security and other checks are in place to make sure the alcoholic product for which a claim has been made cannot have been diverted for other use

If these conditions (or other reasonable conditions that we need to make sure compliance with the objectives of the scheme) cannot be demonstrated to our satisfaction, then a repayment of duty on the alcoholic product incorporated in the eligible article will not be made.

聽Claims from non-manufacturers

The person or company producing or manufacturing the eligible article would normally make the claim. However, there are circumstances where others in the alcohol supply chain may make a claim.

You may be able to make a claim if you can:

• prove that you鈥檝e provided alcoholic product used to produce or manufacture an eligible article
• comply with all the relevant conditions within this notice

This is subject to the terms given in 鈥楶roof that no other claims have been made for alcoholic product made into an eligible article鈥�.

聽Claiming on behalf of another person or company

Relief may only be claimed by the person or company:

• producing or manufacturing the eligible article
• paying duty on alcoholic product that鈥檚 eventually incorporated into an eligible article

聽Proof of duty payment

To successfully make a claim you must be able to prove to our satisfaction that UK excise duty has been paid on the alcoholic product that has been incorporated into an eligible article.

聽Evidence of UK excise duty payment

As the duty payer, you must submit either the original duty payment document or a copy of it.

Examples of what we mean as 鈥榙uty payment document鈥� could be any of the following:

• a copy of your purchase invoice or invoices for the alcoholic product used in the eligible articles on your claim
• a validated copy 2 or electronic confirmation of聽form W5,听form W6, form W50,听form W5D听辞谤听form W6D
• form HM2,听form HM4 or form TRC2
• Alcohol Duty return
• a print out of the customs import declaration
• a duty deferment statement

Other evidence may be accepted subject to our approval. Where you鈥檝e submitted evidence that is not one of the above, explain this clearly in writing along with your claim.

聽Proof that no other claims have been made for alcohol made into an eligible article

We must make sure that claims are not duplicated. In certain circumstances we may need proof that no other claims have been made against the alcoholic product used in the eligible article.

Producer or manufacturer of an eligible article

Unless we specifically need you to do so, you鈥檒l not have to demonstrate that claims have not been made by anyone else in the alcohol supply chain.

聽Non-producers or non-manufacturers of an eligible article

Although you鈥檝e not produced or manufactured the eligible article you may be able to make a claim for duty which has been paid on an alcoholic product that is subsequently incorporated into an eligible article. The producer or manufacturer will normally make the claim, with any payment of duty to you being a commercial decision between you and the producer or manufacturer.

However, if you want to make a claim in your own right then you must be able to identify every person who has owned or held the alcoholic product used in the creation of an eligible article. You must be able to provide satisfactory evidence that no other person in the supply chain has previously made a claim for that alcoholic product under this scheme.

聽Other conditions for non-producers or non-manufacturers

You must be able to:

• meet the conditions given in 鈥楨vidence of UK excise duty payment鈥� and 鈥楴on-producers or non-manufacturers of an eligible article鈥�
• get evidence from the producer or manufacturer of the article that provides sufficient information to assure us that the article conforms to the definition of an eligible article (read 鈥楨ligible articles鈥� in the notice)

The evidence needs to include recipes, measurements of alcoholic strength, production processes, and so on. This list is not exhaustive but the same level of evidence that a producer or manufacturer of the eligible article needs to produce must be given by the applicant. If the information is not deemed to be sufficient, we鈥檒l ask for more evidence to be given before considering a repayment.

聽Making a claim

聽Authorisation or licensing requirements

There鈥檚 no requirement to apply for authorisation or give notice of your intention to claim duty.

聽Claiming relief for all alcoholic products used in the manufacturing process if only part of that alcoholic product remains in the eligible article

Although eligibility is based on the proportion of alcoholic product remaining in the finished article, you can reclaim the duty on the total amount of alcoholic product you use in manufacturing the eligible article.

聽Claiming relief on imported alcoholic product

Provided the UK duty has been paid and the alcoholic product is used as an ingredient in an eligible article you can claim relief on imported alcoholic product.

Where the Commissioners are satisfied that a product has been correctly exempted from excise duty in an EU member state, that product may enter the UK without the need for payment of excise duty. In these circumstances, the goods must travel with all necessary documentation to prove that the exemption has been granted, including where appropriate, official stamps or signatures and an explanation for the exemption from the relevant authorities.

If it cannot be established nor proven that an exemption has been correctly granted, the goods will be liable to excise duty in the normal way, but a subsequent claim for a refund of duty may be made if it conforms to the conditions set out in this notice.

聽Making a claim

You can claim for Alcoholic Ingredients Relief using form EX597聽or by contacting聽Imports and exports: general enquiries.

You need to make a separate claim for each set of premises at which you produce or manufacture eligible articles.

Each claim form can only be used to cover a 3 month period. If you鈥檙e claiming for a period of more than 3 months, you will need to complete additional claim forms.

If you want to claim for a period of less than 3 months due to exceptional reasons, you should provide the聽National Excise AIR Centre (NEAC)聽with supporting evidence as to why you think this should be allowed.

Claims must:

• be submitted within 3 years of the end of the 3 month production period in which the alcoholic product was incorporated into an eligible article 鈥� if you submit a claim late, it should be accompanied by supporting evidence, such as a declaration from a company representative, explaining why the claim was not submitted on time (each case will be considered on its own merit)
• include all alcoholic product used in the production of eligible articles during that period
• be signed by the proprietor, partner, company secretary or director of the company if they are made by a company

In special cases, we鈥檒l allow you to authorise an employee at supervisory level or above to sign on your behalf. You must keep聽NEAC聽informed of any changes to the authorised signatory of the form.

If you do not comply with these conditions, the聽NEAC聽is not obliged to authorise the repayment.

Send your claims to:

聽Additional information needed

When submitting a claim for聽AIR, you must include a worksheet or spreadsheet to show how you鈥檝e calculated your claim amount.

Identify each product used by name in a way that can be matched to your other evidence (for example, by brand name).

An example of the type of sheet we would expect to see is produced below. Failure to submit a worksheet will result in your claim being returned to you.

Alcohol category (spirits, wine, beer, cider or other fermented products)	ABV %	x	Litres used	x	Duty rate	=	Amount paid (拢)
Beer	5.5 %	x	12	x	Duty rate paid	=	14.37
Wine	10%	x	15	x	Duty rate paid	=	44.31
Spirits	40%	x	24	x	Duty rate paid	=	314.78
Beer (B)	3.4%	x	37	x	Duty rate paid	=	12.09
Spirits (B)	鈥�	x	鈥�	x	Duty rate paid	=	鈥�
Total	various	x	88	x	various	=	385.55

聽Losses of duty paid product

If you can explain why the losses occurred, you can still include the relevant excise duty as part of your claim.

As soon as any loss has been detected, you should note in your records the circumstances and reasons for the loss occurring.

Any losses for which you cannot give a satisfactory explanation will be excluded from your claim.

聽Payment of claims

We can process your claim once we receive your completed claim form with all the required supporting documentation and evidence. We aim to process and pay complete claims within 30 working days.

You鈥檒l receive your payment by bank transfer (Bacs). Exceptionally we could pay by payable order. We鈥檒l always pay any amount greater than 拢50,000 by聽Bacs.

聽Manufacture of eligible articles using duty unpaid alcoholic product

听骋别苍别谤补濒

If you鈥檙e a producer or manufacturer of:

• eligible articles and have an anticipated duty liability of 拢5,000 or more per annum
• semi-finished products, such as flavours and essences, for use in the production of eligible articles

We may approve you to produce or manufacture eligible articles under duty suspension (that is, in a trade facility warehouse using duty unpaid alcoholic product). A trade facility warehouse, is a place of security, approved by HMRC for the storage of goods without payment of duty.

This means that your approval will be strictly limited to the production of eligible products. You鈥檒l not be able to carry out any other operation under duty suspension聽Notice 196 Excise goods: Authorisation of warehousekeepers, approval of premises and registration of owners聽explains in detail how to apply and what criteria are required for warehouse approval.

聽Approval to use duty unpaid alcoholic product

We may visit you to look at the way you intend to control the receipt and use of alcoholic product and check that your business records are adequate for our purposes.

Once we are satisfied, we鈥檒l send you an approval letter in duplicate, asking you to sign it and return one copy. The approval letter will set out the conditions that you must meet.

聽Conditions of using duty unpaid alcoholic product

The conditions we set may vary according to individual circumstances. However, the following conditions are common to all approvals. You must:

• exercise effective management control over your accounting and production systems
• permit us to enter your premises at any reasonable time
• provide any facilities or help we need to carry out our checks
• retain all records for at least six years

聽Further requirements

If you deliver semi-finished products to a manufacturer or producer in an excise or trade facility warehouse your despatch note or other document accompanying the products should show:

• your name and address as the despatching warehouse
• the name and address of the receiving warehouse
• the bulk quantity and either the alcoholic strength or the quantity of alcohol (in litres) contained in each type of product supplied

The receiving manufacturer or producer should acknowledge receipt of the products by endorsing the despatch note or other document and returning a copy to you. If any product is missing or damaged the manufacturer or producer should record details on the despatch note, or other similar things. Both you and the manufacturer or producer must keep copies of this documentation as part of your records.

聽Providing financial security

You鈥檙e not required to provide security as a normal condition of approval. However, if we find that your compliance with our requirements is poor we may need you to provide a financial guarantee. Under these circumstances we鈥檒l tell you what you must do.

聽Spirit-based flavourings and essences

聽Payment of duty on imports of spirit-based flavourings and essences

Duty is not payable on any spirits contained in flavourings imported into the UK or used in the production of flavourings, if those flavourings fall within聽CN聽Code 3302 and are for use in the:

• preparation of food for human consumption
• preparation of any beverage of an alcoholic strength not exceeding 1.2% ABV

This provision also applies to essences.

Spirits based flavourings and essences not classified under Code 3302 will be liable to duty (but may be eligible for聽AIR).

聽Spirit-based flavourings and essences manufactured for distribution within the UK

There鈥檚 no duty liability for spirit-based flavourings and essences manufactured and distributed within the UK if they fall under the classification in聽CN聽Code 3302 and comply with the conditions given in this section.

There is a duty liability for all other spirit-based flavourings and essences, other than products which are subject to duty suspense provisions. The liability of products containing flavourings and essences will be determined by the final product.

聽Warehouse approval to receive or supply spirit-based flavourings and essences duty unpaid

Spirit-based flavourings and essences classified under聽CN聽Code 3302 are exempt from duty if they comply with the conditions given in this section (even if they are spirit-based with a strength of over 1.2%聽ABV). There is no need for an excise or trade facility warehouse approval to receive or supply these products without paying the duty.

However, warehouse approval is needed if you want to receive or supply any spirits-based flavourings and essences in duty suspension that are not classified under聽CN聽Code 3302.

The duty liability will be determined by the nature of the end product.

聽Duty on essences which are used to manufacture or produce alcoholic products

If you manufacture or produce any alcoholic product which has a strength exceeding 1.2%聽ABV, then that drink will be liable to duty. The duty liability will be determined by the nature of the end product.

聽Records and accounts

聽Records and accounts requirements

As a revenue trader, we require you to keep records of all activities involving the use of alcohol in the production or manufacture of eligible articles. This includes information on:

• the quantity and type of alcohol received
• stockholdings
• use in production
• the quantity and type of eligible articles manufactured or produced
• sales of eligible articles

Notice 206 Excise goods: Revenue traders鈥� records聽explains in detail what records you need to keep if you鈥檙e a revenue trader, that is a trader involved in any way with goods or services liable to excise duty.

Generally, your normal business records will contain or can be modified to contain the information we need. However, they must be:

• accurate and kept up to date
• completed in ink or other permanently legible material
• readily accessible to us
• kept at your premises for at least 6 years from the date of the last entry (we are aware that this may cause you storage problems, involve you in undue expense or cause you other difficulties 鈥� if so, you can ask our helpline on Telephone: 0300 200 3700 for permission to keep some of your records for a shorter period)
• available for inspection at all reasonable times

You must not, without the agreement of our helpline,听Imports and exports: general enquiries:

• remove any information from your records
• obliterate or delete any entry

At the end of each production period, you must add up and record the total quantity of each type of alcoholic product (that is, spirits, wine, and so on) used during the period and the excise duty paid on it.

聽Other records

As a revenue trader we require you to maintain and produce for examination your records of your business activities. This includes all records and documents relating to:

• stock
• handling
• purchases
• sales
• imports
• exports
• any losses in production of dutiable products

In addition to these records, we may examine:

• profit and loss and trading statements
• management accounts and reports
• balance sheets and trading forecasts
• internal and external auditors reports
• any record maintained for a business purpose

As a claimant, we may also ask you to produce specific records or documents that relate to your particular claim, whether or not you consider yourself to be a revenue trader.

We鈥檙e aware that a great deal of information to which we have access is of a confidential nature. We take great care to make sure that respect for confidentiality is maintained.

聽Visit to inspect records

We鈥檒l visit you from time to time to verify your claims. When we visit, we need you to:

• admit us to your premises
• produce your records and goods for inspection
• provide facilities for examining the goods and taking account of them
• allow us to take samples
• observe health and safety requirements

For non-manufacturers we鈥檒l need admission to examine your accounting and other records that you must keep in support of your claim.

聽Avoiding penalties

You can avoid a financial penalty by:

• checking that you鈥檝e given complete and accurate information in your claim for relief
• applying for a licence to carry on an Excise Trade at the correct time

You have the right to appeal if we impose a penalty.

If you鈥檙e unaware you鈥檝e made a mistake in your claim, or have not applied for a licence, tell us as soon as possible. We鈥檒l be able to reduce the penalty in many cases to zero.

聽Review and appeal procedures

聽Disagreements with decisions made

When we make a decision that you can appeal against, we鈥檒l tell you and offer you a review. We鈥檒l explain the decision and tell you what you need to do if you disagree.

For example with:

• the amount of an assessment the issue of a civil penalty
• a decision specifically connected to the relevant duty or claim

You鈥檒l usually have three options. Within 30 days you can:

• send new information or arguments to the officer you鈥檝e been dealing with
• have your case reviewed by a different officer
• have your case heard by an independent tribunal

A review will be handled by a different officer from the one who made the decision. If you prefer to have an independent tribunal hear your case, you must write directly to the Tribunals Service.

聽Time limits to ask for a review

If you want us to review a decision, you must write to the person who issued the decision letter, within 30 days of the date of that letter. We鈥檒l complete our review within 45 days, unless we agree another time with you.

You cannot ask the tribunal to hear your case until 45 days (or the time we agreed with you) has expired, or we鈥檝e told you the outcome.

If you鈥檙e not satisfied with the review鈥檚 conclusion, you have 30 days within which to ask the tribunal to hear your case.

If we cannot complete our review within 45 days, or any time we agreed with you, we鈥檒l ask you if you鈥檙e willing to agree to an extension so that we can complete the review. If you do not agree to an extension, the review is treated as concluding that the decision being reviewed is upheld.

We鈥檒l write and tell you this: you then have 30 days from the date of that letter to ask the tribunal to hear your case.

聽Requesting a review

Your request should set out clearly the full details of your case, the reasons why you disagree with us and provide any supporting documentation. You should also state what result you expect from our review.

聽Appeal to independent tribunal

If you do not want a review, you may appeal to the independent tribunal. You need to send your appeal to the Tribunals Service within 30 days of the date on the decision letter.

聽More information

You can get more information about reviews and appeals in fact sheet聽HMRC1: HM Revenue and Customs decisions 鈥� what to do if you disagree.

You can also find more information about how to appeal to the tax tribunal on the聽.

Your rights and obligations

Read the聽HMRC Charter聽to find out what you can expect from HMRC and what we expect from you.

Help us improve this notice

If you have any feedback about about this notice, write to:

You鈥檒l need to include the full title of this notice. Do not include any personal or financial information like your VAT number.

If you need general help with this notice or have another question, contact Imports and exports: general enquiries.

Putting things right

If you鈥檙e unhappy with HMRC鈥檚 service, contact the person or office you鈥檝e been dealing with and they鈥檒l try to put things right.

If you鈥檙e still unhappy, find out how to complain to HMRC.

How HMRC use your information

Find out聽how HMRC uses the information we hold about you.