Section 14 — irregularities, losses and deficiencies in approved premises
Information about lost alcoholic product and spoilt duty suspended alcoholic product.
As an approved producer, you’re responsible for the control of alcoholic products in your approved premises. You must have the necessary systems in place to control and safeguard your stocks. You must critically examine all losses and deficiencies.
You do not have to pay the duty on alcoholic products which have been accidentally lost, so long as we are satisfied that the products have been lost in approved premises and have not been consumed.
You need to keep records of production and processing, and these should indicate how much alcoholic products you lost during routine operations. For example, the losses you normally incur during packaging operations.
The following requirements have the force of law and are made under Regulation 6 of the Revenue Traders (Accounts and Records) Regulations 1992
For accidental losses you must record:
- the date and time the loss occurred
- the description (product name) and the volume of alcoholic product lost and the alcoholic strength if the loss occurred after production has been completed
- the reason why the accidental loss occurred
If alcoholic products cannot be accounted for after the start of production and there is no acceptable explanation, you’re liable for duty on the missing alcoholic products. It is therefore in your own interest to keep proper records of all losses.
You can offset stock losses against surpluses, only if, in the absence of documentary evidence, you can demonstrate that stock losses and surpluses are related. Your records must contain written details of the reasons why any offsetting was carried out, in order to justify the adjustments made to stock records following investigation of gains and losses. You must justify each offset. We do not allow you to accumulate losses and surpluses from various sources and then offset gross totals.
Normally there is no duty relief in respect of alcoholic products which are lost after it has passed the duty point.
You do not have to pay the duty on spoilt duty suspended alcoholic products, so long as we are satisfied that the products have been unintentionally spoilt, contaminated or otherwise rendered unfit for consumption in the approved premises and have not been consumed.
You may ‘write off’ the quantities concerned after you’ve recorded the information in your records and destroyed any spoilt product. We may examine your records as part of our audit process. If we’re not satisfied with your explanation and supporting evidence, we’ll require you to pay the duty on the quantity previously written off.
Remember that other legislation may apply when you destroy spoilt product, for example legislation on pollution.
The following requirements have the force of law and are made under regulation 6 of the Revenue Traders (Accounts and Records) Regulations 1992.
You must record:
- the date and time of spoiling
- the method of the destruction employed
- the vessels in which it is or was contained
- the description (product name) and the volume of products spoilt and the alcoholic strength if the products were spoilt after production has been completed
- the reason why the alcoholic products were spoilt
The following paragraphs have the force of law and are made under section 81 of Finance (No.2) Act 2023.
You must give us at least 5 working days’ notice if you wish to destroy duty suspended alcoholic products outside your approved premises. You must give details of the proposed method of destruction and satisfy us that your proposed process will destroy the intrinsic nature of the alcoholic product. Working days excludes Saturdays, Sundays and public holidays.
You must contact excise and gambling duties enquiries in writing, giving the following details:
- why you wish to destroy the goods
- the details of the goods
- the amount of duty involved
- where and when the proposed destruction will take place
- the method of destruction