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UK ‘Sugar Tax’ Comes into Force – New Guidance Published for Industry

By Julia Fraser, Jane Summerfield & Richard Welfare on April 6, 2018
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The UK tax authority HM Revenue and Customs (HMRC) has published a series of practical guidance documents and additional online information to assist companies with understanding and complying with the new UK ‘Soft Drinks Industry Levy’, which takes effect from 6 April 2018.

The new levy applies to all soft drinks (other than natural fruit juice, vegetable juice, milk and certain alcoholic drinks) packaged in or imported to the UK, that contain added sugar and at least 5 grams of sugar in total (both naturally occurring and added sugar) per 100ml of prepared drink (“chargeable drinks”). There are two rates – £0.18 per litre for drinks containing 5g or more total sugars per 100ml, rising to £0.24 per litre for drinks containing 8g or more total sugars per 100ml.

Companies that produce, package or receive imported chargeable drinks will need to register with HMRC and keep detailed records of products that are subject to the levy. The online registration system is now up and running.

The legal framework for the levy is set out in Part 2 of the Finance Act 2017. Additional provisions relating to dilution rations, exempt drinks, registration requirements, tax credits and record keeping are set out in the Soft Drinks Industry Levy Regulations 2018 and the Soft Drinks Industry Levy (Enforcement) Regulations 2018 which come into force today, 6 April.

The new guidance documents published on 3 April 2018 include:

  • The information needed to register for the levy (Notice 1);
  • How to submit a return and pay the levy (Notice 2);
  • Calculating the sugar content of diluted soft drinks (Notice 3); and
  • The process for claiming tax credits for chargeable drinks that are exported, lost or destroyed (Notice 4).

The Guidance documents are available here.

Photo of Jane Summerfield Jane Summerfield

Partner, London

Jane focuses on regulatory compliance and commercial agreements in the life sciences and food sectors. Jane advises on legal and regulatory requirements that apply during the product lifecycle, including clinical trial requirements, early access schemes, marketing authorisations, manufacturing and distribution licences…

Partner, London

Jane focuses on regulatory compliance and commercial agreements in the life sciences and food sectors. Jane advises on legal and regulatory requirements that apply during the product lifecycle, including clinical trial requirements, early access schemes, marketing authorisations, manufacturing and distribution licences, CE marking, product labelling, product composition, advertising and marketing activities, and pricing and reimbursement. Jane also advises on a wide range of commercial contractual arrangements, including consultancy, sponsorship, co-promotion, collaboration, manufacturing, distribution, services, quality and pharmacovigilance agreements, as well as helping clients to resolve issues with UK enforcement authorities and regulatory bodies, such as the Medicines and Healthcare products Regulatory Agency (MHRA), Prescription Medicines Code of Practice Authority (PMCPA), Advertising Standards Authority (ASA), Food Standards Agency (FSA) and Trading Standards.
Jane combines commercial acumen with deep regulatory knowledge. She understands the business pressures faced by clients, having provided in-house regulatory compliance and commercial support to a major pharmaceutical client and a multinational food company. Jane provides “clear responses with business impact” Chambers UK.

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Photo of Richard Welfare Richard Welfare

Partner, London

Richard Welfare focuses on regulatory compliance work within the Commercial Law practice area.  Richard works with manufacturing companies to ensure that they comply with legislation and regulatory frameworks, including requirements governing product composition, labeling, packaging and claims, rules relating to advertising…

Partner, London

Richard Welfare focuses on regulatory compliance work within the Commercial Law practice area.  Richard works with manufacturing companies to ensure that they comply with legislation and regulatory frameworks, including requirements governing product composition, labeling, packaging and claims, rules relating to advertising and marketing campaigns and other key considerations when launching a product in the EU/UK. Richard has helped clients resolve issues with UK enforcement authorities, including Trading Standards, the ASA (Advertising), MHRA (Medical Devices) and the FSA (Food).

Richard has worked with in-house counsel and corporate affairs teams to design and implement public affairs programs and targeted communication strategies, and has worked with companies to design safety programs, following safety or product quality crises.

Richard advises clients on the contracting arrangements, providing commercial support to in-house teams. He works on a variety of contracts including those for supply, co-manufacturing, distribution, logistics, warehousing, agency and general trading terms. Richard also represents companies in the appointment of celebrities for advertising or endorsement campaigns and major sponsorship opportunities.

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  • Posted in:
    Tax
  • Blog:
    Focus on Regulation
  • Organization:
    Hogan Lovells
  • Article: View Original Source

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