UK Statutory Instrument 2022 United Kingdom

Plastic Packaging Tax (General) Regulations 2022

What this means for your business

25 obligations
1 penalties
1 guides
Enforced by
HMRC
Applies to
United Kingdom
On this page
25 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

25 compliance obligations under this legislation.

Management duties 1

Re‑weigh products when material or product changes affect weight

If your business measures the weight of plastic packaging for tax purposes, you must measure it again whenever you change the raw materials, alter the common properties of a product line, or become aware of any other change that could affect the weight. This ensures the weight data you report to HMRC remains accurate.

Trader/Business s.27 HMRC When raw material inputs change, product‑line properties change, or any other circumstance …

Notifications 3

Correct any inaccurate plastic packaging tax information

If your business has submitted an application or notification to HMRC for the Plastic Packaging Tax and later find that any of the information you gave was wrong, you must tell HMRC about the error. You have 30 days from the moment you discover the mistake to send a correction in the format HMRC requires.

Trader/Business s.54 HMRC You discover that an earlier application or notification contains inaccurate information

Notify HMRC of death, incapacity or insolvency of your plastic packaging business

If you run a business that makes or imports finished plastic packaging and the owner dies, can no longer run the business, or the business goes insolvent, the person who takes over (or the insolvency practitioner) must tell HMRC in writing within 21 days. The notification must include proof of the death, medical/incapacity evidence or insolvency paperwork and evidence that the notifier is authorised to act for the business.

Trader/Business s.59 HMRC When the registered owner of a plastic‑packaging business dies, becomes incapacitated, or …

Notify HMRC when eligibility or UK presence ends

If your business (or the group you belong to) stops being eligible for the Plastic Packaging Tax, or if the representative member no longer has a UK establishment, you must tell the Commissioners in writing. The notice has to be sent within 30 days of the change and must include whatever information HMRC requires.

Trader/Business s.53 HMRC When a member ceases to be eligible under the Plastic Packaging Tax …

Payments and fees 3

Pay plastic packaging tax on time

You must pay the plastic packaging tax for every accounting period, using the amount you report on your tax return. The payment has to be made by the same deadline you file the return, unless HMRC gives you a written extension. Payment must be made using the method HMRC prescribes.

Trader/Business s.32 HMRC

Repay any plastic packaging tax credits you were not entitled to

If your business has received a plastic packaging tax credit that you were not eligible for, or if you lose eligibility after receiving it, you must pay that amount back to HMRC. The repayment is treated as tax due from the date you first received the credit.

Trader/Business s.18 HMRC You have received a plastic packaging tax credit to which you were …

Repay tax within 14 days after the repayment period ends

If your business owes a repayment under the Plastic Packaging Tax arrangements, you must pay it to HMRC without waiting for a demand. The repayment has to be made within 14 days after the deadline set out in the earlier regulation.

Trader/Business s.43 HMRC When a repayment is required under regulation 42(d) or (e) after the …

Record keeping 10

Calculate and keep a written record of recycled plastic content

If your business is required to register for Plastic Packaging Tax, you must work out what percentage of each plastic packaging component is made from recycled plastic. You can do the calculation yourself or get it from someone else, but you must keep a written record showing the result and that the component is not chargeable. You may use a single “indicative” component for a whole product line or production run, provided the weights are accurate and you update the record if anything changes.

Trader/Business s.7 HMRC When you are liable to be registered under the Plastic Packaging Tax …

Determine and record plastic content of packaging components

If your business makes or imports packaging components that contain plastic, you must calculate how much plastic (and any other listed substances) each component contains and keep a written record of that calculation. You can use a representative component or design specifications where allowed, but you must update the record if the original calculation becomes inaccurate.

Trader/Business s.5 HMRC When you produce or import relevant packaging components (i.e., packaging that contains …

Keep records for plastic packaging tax credit claims

If your business claims a Plastic Packaging Tax credit, you must hold detailed evidence to support the claim – things like the amount of credit claimed, why you think it applies, when you first had proof, any tax you’ve already paid and other required information. You must keep these records for six years from the date you make the claim.

Trader/Business s.16 HMRC when you submit a Plastic Packaging Tax credit claim

Keep records of Plastic Packaging Tax reimbursements

If your business receives or plans to receive a reimbursement under the Plastic Packaging Tax, you must keep written details of who you paid, how much (including any interest) and when. Keep these records for six years and be ready to show them to HMRC if they ask.

Trader/Business s.44 HMRC When you make a reimbursement under the Plastic Packaging Tax

Keep records proving your plastic is recycled plastic

If your business claims that the plastic you use or supply is recycled, you must retain enough proof to show this to HMRC. You need to hold the appropriate documents (e.g., certificates, audit trails) and keep them on file for future inspection.

Trader/Business s.6 HMRC Whenever you place or supply plastic packaging that you treat as recycled …

Keep records that clearly prove your plastic packaging tax calculations

Unlimited fine

Under the Plastic Packaging Tax rules you must keep enough evidence of how you calculate and pay the tax. HMRC will later set the exact details, but you need to be prepared to show that your records cover the required information – otherwise you risk late or wrong payments and penalties.

Trader/Business s.11 HMRC

Keep written evidence of waste or surplus material on taxed plastic packaging

If your business produces or imports a plastic packaging component that may be subject to the Plastic Packaging Tax, you must hold a written record of any evidence (including weight measurements) you rely on to show how much waste or surplus material is still attached to the component at the moment the tax charge arises. This record must be kept yourself or obtained from someone else and retained for inspection.

Manufacturer/Importer s.37 HMRC When a charge to Plastic Packaging Tax arises for a plastic packaging …

Keep written export records to cancel plastic packaging tax

If you export any plastic packaging component that would normally be taxed, you can remove the tax liability – but only if you have written proof of what was exported, how much it weighed and the export date. Your business must retain those records as evidence.

Trader/Business s.9 HMRC When you export a chargeable plastic packaging component

Keep written records of plastic packaging weight measurements

Whenever you weigh plastic packaging to calculate your Plastic Packaging Tax, you must write down the weight, the method you used to weigh it, and any calculations you did to convert non‑metric units to metric. These records need to be kept and made available if HMRC checks your accounts.

Trader/Business s.28 HMRC When you measure the weight of plastic packaging for purposes under the …

Maintain plastic packaging tax accounts and records

You must keep a set of accounts for the plastic packaging tax for every accounting period, showing details such as exported weight, tax credits claimed, any adjustments and the tax rate used. The accounts must also state the total tax you owe (excluding any deferred amounts and after any credits). Keep these records for six years from the end of the period or the date you pay the tax, whichever is later.

Trader/Business s.36 HMRC

Reporting and filing 8

Apply in writing to HMRC to revoke or reduce a secondary tax liability

If your business gets a secondary‑liability and assessment notice for the Plastic Packaging Tax, you can ask HMRC to cancel it or lower the amount. You must send a written application on the form HMRC prescribes, explaining why the notice should be revoked or reduced and, where required, show any calculations or evidence. HMRC may also ask you to provide further information or documents to support your request.

Trader/Business s.48 HMRC When you receive a secondary liability and assessment notice for Plastic Packaging …

Claim plastic packaging tax credits in your return

When you first have enough evidence that a piece of plastic packaging you use qualifies for a tax credit, you must include that credit in the same tax return for the accounting period. The credit can be set against any tax you owe, but you must claim it within two years of the date the tax charge arose and follow HMRC’s prescribed form requirements.

Trader/Business s.15 HMRC When you first obtain sufficient evidence that a chargeable plastic packaging component …

Claim tax credit for eligible plastic packaging

If you pay Plastic Packaging Tax on a component that qualifies under case 1 or 2 but isn’t directly exported, you can claim a tax credit. To do so you must keep proof that the component meets the qualifying case, retain those records, and submit a claim using the form set out in regulation 15.

Trader/Business s.14 HMRC You have a chargeable plastic packaging component that meets case 1 or …

Correct errors in Plastic Packaging Tax returns within 4 years

If you spot a mistake in a Plastic Packaging Tax return you have already sent to HMRC, you must fix it. You must use the correction method that HMRC sets out and you have up to four years from the filing deadline to submit the amendment.

Trader/Business s.35 HMRC when an error is discovered in a submitted Plastic Packaging Tax return

Submit Plastic Packaging Tax return each accounting period

You must send a Plastic Packaging Tax return to HMRC for every accounting period you operate. The return has to be filed by the last working day of the month that follows the end of that period, unless HMRC gives you extra time in writing. Missing the deadline can lead to penalties.

Trader/Business s.33 HMRC

Submit required returns and avoid duplicate tax credit claims

If you claim a plastic packaging tax credit that is larger than the tax you owe for a period, you must have filed all required tax returns first. You also cannot claim a credit for the same packaging component more than once. Without meeting these conditions HMRC will not repay any excess credit.

Trader/Business s.17 HMRC When you claim a tax credit that exceeds the tax you owe …

Submit tax repayment claims using the prescribed form and evidence

When you apply for a refund of Plastic Packaging Tax, you must send your claim exactly as HMRC directs – using their specified form, include the supporting documents you have, clearly state the amount you’re claiming and how you worked it out. If the Commissioners ask for more information, you must provide it.

Trader/Business s.40 HMRC when claiming repayment of Plastic Packaging Tax

Submit written undertaking and keep records for plastic packaging tax reimbursements

When you claim a reimbursement under the Plastic Packaging Tax you must give HMRC a signed, dated written undertaking before you make the claim. The undertaking confirms you will identify all people you have or will reimburse, repay the full amount (and any interest) within 90 days of receiving it, keep the required records and follow any further notices from HMRC.

Trader/Business s.45 HMRC When making a claim for reimbursement under the Plastic Packaging Tax where …

Penalties for non-compliance

1 penalty under this legislation. 1 carry an unlimited fine.

Unlimited fine

Keep records that clearly prove your plastic packaging tax calculations

Unlimited fine

s.11 Penalises: Keep records that clearly prove your plastic packaging …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

59 classified provisions from this legislation.

Duties 26

  • s.5 Plastic packaging component: methodology of determination of plastic content
  • s.6 Provision of evidence that plastic is recycled plastic
  • s.7 Chargeable plastic packaging component: method of calculation of recycled plastic content
  • s.9 Cancellation of liability
  • s.11 Meaning of sufficient evidence
  • s.13 Tax credits: meaning of sufficient evidence
  • s.14 Entitlement to tax credit
  • s.15 Claim for a tax credit: conditions, form etc.
  • s.16 Records for tax credit claims
  • s.17 Payment of tax credit claims
  • s.18 Repayment of tax credits
  • s.27 Requirement to re-weigh thing
  • s.28 Records of measurement
  • s.32 Payment
  • s.33 Requirement to make returns
  • s.35 Correction of returns
  • s.36 Requirement to keep accounts P
  • s.37 Further requirements to keep records
  • s.40 Form, manner and content of claims for repayment
  • s.43 Reimbursement arrangements: repayments repayment
  • ... and 6 more duties

Powers 1

  • s.25 Agreed method of measurement of weight

Definitions 10

  • s.2 Interpretation
  • s.3 Prescribed by the Commissioners
  • s.8 Meaning of substantial modification substantial modification relevant manufacturing process pre-form
  • s.12 Interpretation
  • s.21 Preservation of records
  • s.30 Interpretation
  • s.38 Preservation of records
  • s.39 Interpretation
  • s.46 Interpretation
  • s.51 Interpretation

Exemptions 7

  • s.20 Notification of liability to be registered: form, manner and content
  • s.22 Correction of the register
  • s.23 Application and interpretation
  • s.26 Specified rules for the of measurement of weight
  • s.34 Form, manner and content of returns etc.
  • s.50 Joint and several liability notices: notifications and applications to revoke
  • s.52 Applications for group treatment