Red at 5% duty

[JSP]

Not sure if anyones posted this but just read in PBO that there's been a turn around and instead of Red diesel being taxed at 17.5% as was planned (would have ended up 15%) they have backed down to 5%!

[IBWET]

Originally Posted by JSP

Not sure if anyones posted this but just read in PBO that there's been a turn around and instead of Red diesel being taxed at 17.5% as was planned (would have ended up 15%) they have backed down to 5%!

Here's one for the legal eagles, If I were say a farmer/or legally paying the reduced rate of tax on my agricultural diesel. I also have a boat also using red at the new higher rate.

If I were stopped by the Police in a road vehicle, and charged with tax evasion for running it on red. Could my defence be the red came from the boat .... where would I stand, is not the burden of proof on the authorities?

[Poly]

Originally Posted by IBWET

Here's one for the legal eagles, If I were say a farmer/or legally paying the reduced rate of tax on my agricultural diesel. I also have a boat also using red at the new higher rate.

If I were stopped by the Police in a road vehicle, and charged with tax evasion for running it on red. Could my defence be the red came from the boat .... where would I stand, is not the burden of proof on the authorities?

In which case you will have made a false declaration to HMRC when you bought the fuel for your "boat". As at the point of sale you are required to sign a declaration which says: 'I declare that [ ] % of the fuel purchased will be used for propelling a private pleasure craft'.

[IBWET]

Originally Posted by Polwart

In which case you will have made a false declaration to HMRC when you bought the fuel for your "boat". As at the point of sale you are required to sign a declaration which says: 'I declare that [ ] % of the fuel purchased will be used for propelling a private pleasure craft'.

Okay,declaration duly signed I now put the red fuel in the road car,with no financial incentive to do so.

As a law breaker, my fictitious farmer's crime would be ... I'm trying to establish degree's of severity, presently red is black and white as far as the law is concerned with fines and cars being impounded because the intention is obvious.

I think this will fall on it's face.

[Nos4r2]

Originally Posted by IBWET

Here's one for the legal eagles, If I were say a farmer/or legally paying the reduced rate of tax on my agricultural diesel. I also have a boat also using red at the new higher rate.

If I were stopped by the Police in a road vehicle, and charged with tax evasion for running it on red. Could my defence be the red came from the boat .... where would I stand, is not the burden of proof on the authorities?

It's Customs & Excise.Realistically burden of proof will be on you,whether you're breaking the law or not. I wouldn't expect to get the car back either as they are likely to sell it off in the meantime.

One thing I learned from regularly crossing the channel in the days when you had to wait an hour on the mooring before landing was you don't f*ck with Customs and Excise as they are bastards of the highest order and as unaccountable as you can get.

[Poly]

Originally Posted by IBWET

Okay,declaration duly signed I now put the red fuel in the road car,with no financial incentive to do so.

you have - you will have paid 10% less VAT on it than road diesel.

[Bigmuz7]

Originally Posted by Nos4r2

you don't f*ck with Customs and Excise as they are bastards of the highest order and as unaccountable as you can get.

Never a truer word said They have more powers of search than the police .. without warrant.. etc and if you piss them off .. you're on the radar, and they'll wait to trip you up elsewhere

[Nos4r2]

Originally Posted by Bigmuz7

Never a truer word said They have more powers of search than the police .. without warrant.. etc and if you piss them off .. you're on the radar, and they'll wait to trip you up elsewhere

Yep.

I suspect there aren't too many on here that have been subjected to a full customs search unless they are regularly using their boat to go abroad. They miss NOTHING.