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Notice No. 1877 - Excise - Revenue Commissioners

Notice No. 1877 - Excise - Revenue Commissioners

Notice No. 1877 - Excise - Revenue Commissioners

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warehouses, subject to conditions on any authorisation granted, breach of which is an offence<br />

under Section 121.<br />

Chapter 1 of Part 2 of the Finance Act 2003 sets down the charging provisions, rates, and<br />

tax requirements for Alcohol Products Tax .<br />

The Alcohol Products Tax Regulation 2004 (S.I. <strong>No</strong>. 379 of 2004) sets down requirements<br />

and procedures to be followed in the tax warehouse.<br />

Section 136 provides that authorised Officers of the <strong>Revenue</strong> <strong>Commissioners</strong> may at any time<br />

enter premises and may there make enquiries and take samples, require the production of<br />

books, accounts and records, and inspect, take extracts from, copy, or remove records relating<br />

to products chargeable with excise duty. It is an offence, under Section 123 to refuse to give<br />

information or to give false information to an Officer or to obstruct or impede an Officer<br />

exercising powers under the Act.<br />

A person convicted of a summary offence under these provisions is liable to a penalty of<br />

€5,000.<br />

Part 47, Chapter 4 of the Taxes Consolidation Act 1997 makes it an offence for a person to<br />

knowingly deliver to the <strong>Revenue</strong> <strong>Commissioners</strong> incorrect returns, statements or accounts, to<br />

knowingly produce incorrect receipts, invoices or other documents, or, to knowingly claim<br />

exemptions or reliefs to which the person is not entitled.<br />

Section 1078 (3) of the Taxes Consolidation Act 1997 provides that persons convicted of an<br />

indictable offence under these provisions shall be liable to fines of up to €126,970 and/or a<br />

maximum of five years imprisonment.<br />

Section 119, of the Finance Act 2001, makes it an offence for any person to directly or<br />

indirectly fraudulently evade, or attempt to evade, excise duty. A person convicted of an<br />

indictable offence under these provisions shall be liable to a penalty of three times the value<br />

(including all taxes) of the excisable products concerned, or €126,970, whichever is the<br />

greater, and/or a maximum of 5 years imprisonment.<br />

3 <strong>Excise</strong> Licences<br />

A warehousekeeper involved in the wholesaling of alcoholic products requires a Dealer’s<br />

Licence. Different types of dealers’ licences may apply depending on the nature of the trade,<br />

e.g. wine/beer/spirits. These licences are issued by the National <strong>Excise</strong> Licence Office,<br />

(NELO), Waterford.<br />

A warehousekeeper involved in manufacturing excisable product requires the appropriate<br />

Manufacturer’s Licence. A Manufacturer’s Licence authorises the holder to act as a wholesale<br />

dealer at the premises where the product is manufactured.<br />

For further information on excise licences, please refer to <strong>Revenue</strong>’s Guide to <strong>Excise</strong><br />

Licences available on its website via the following link:<br />

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