As an ordinary business, you may think that landfill tax is someone else’s problem. You pay for your waste to be taken away and the waste disposal company is responsible for paying the landfill tax when the waste goes into a hole, rather than to incineration or recycling.
However, since 1 April 2018 you could be responsible for landfill tax if you allow your business waste to be disposed of illegally, even if you do not dump it yourself. Anyone involved in the waste chain such as a haulier, broker, waste originator or landowner can be liable for landfill tax if they allow disposal of waste at an unauthorised site, ie one without an environmental disposal permit.
As well as having to pay the landfill tax (£88.95 per tonne for active waste, or £2.80 per tonne for all other waste) you could also find yourself liable for penalties for non-compliance or even face criminal prosecution. You can avoid such charges if you carry out reasonable due diligence on where your waste is going, as set out in the Defra Waste Duty of Care Code of Practice. If you follow this procedure you will not be penalised even if your waste is found to be illegally dumped.
