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HMRC guidance on carbon price floor

The carbon price floor will come into effect on 1 April 2013. It will be a tax on fossil fuels used in the generation of electricity. This will be achieved through changes to the existing Climate Change Levy (CCL) regime in the case of gas, solid fuels and liquefied petroleum gas (LPG) used in electricity generation. These changes include the setting up of new carbon price support (CPS) rates of CCL.

Registering for CCL if you are liable to pay the CPS rates of CCL

If you are a generator liable to pay the CPS rates of CCL you must register with HM Revenue & Customs (HMRC). From 1 April 2013, you must account for, declare and pay the CPS rates of CCL due to HMRC using the existing CCL returns procedures.

If you are already registered for CCL, you don't need to register again, but you will need to remember to account for the CPS rates of CCL on your CCL returns from 1 April 2013.

If you are registered under the Combined Heat and Power Quality Assurance (CHPQA) Programme, and you use gas, solid fuels or LPG to generate electricity, you will need to register and pay the CPS rates of CCL. The person liable to register will be the owner of the generating station in the case of a non-combined heat and power (CHP) generator or the operator in the case of a CHP generating station.

If you are not already registered for CCL and you need to do so as a result of the introduction of the carbon price floor, then you will need to register with HMRC by 1 April 2013 using form CCL1. Guidance on registering for Climate Change Levy is available below.

If you are an electricity generator using oils

As oil is not subject to CCL, the carbon price floor for oils is being achieved through reform of the fuel duty regimes, and in particular changes to the relief on oil used in electricity generation. From 1 April 2013, the amount of fuel duty that you can reclaim on oil used in electricity generation will be adjusted to establish new CPS rates of fuel duty on the following oils:

  • fuel oil
  • other heavy oil
  • rebated light oil
  • gas oil
  • rebated bioblend

The CPS rates of fuel duty will apply in relation to any claim for relief on oil used to generate electricity on or after 1 April 2013, irrespective of when that oil was supplied to the generator.

Form EX55 is being amended to enable the CPS rates of fuel duty to be accounted for, and you should continue to submit all claims for relief to the Mineral Oils Relief Centre (MORC) on form EX55 in the usual way. The amended EX55 will have three additional boxes where you will be required to insert the quantity of fuel and the appropriate CPS rate for the fuel used.

As current fuel duty rates are higher than the announced CPS rates of fuel duty, the net effect should be a reduction in the amount of relief you can claim.

Further details will follow in information being sent by HMRC to generators using oils.

Further information

Consultation document of 2010 (www.hm-treasury.gov.uk/consult_carbon_price_support.htm)
Government response to consultation (PDF 494K) (www.hm-treasury.gov.uk/d/carbon_price_floor_consultation_govt_response.pdf)
TIIN - Budget 2011 (www.hmrc.gov.uk/budget2011/tiin6111.pdf)
TIIN - Draft Finance Bill legislation December 2011 (www.hmrc.gov.uk/tiin/tiin702.pdf)
TIIN - Budget 2012 (www.hmrc.gov.uk/budget2012/tiin-0701.pdf)
TIIN - Draft Finance Bill legislation December 2012 (www.hmrc.gov.uk/tiin/2012/tiin4013.pdf)

The following documents will be published at or around Budget 2013. They will be available from this page as soon as they are published:

  • a further TIIN
  • a new public notice CCL 1/6

HMRC Guidance Notes, 11/02/2013
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