how CTAX liability is determined , heirarchy, owner held liable? Flashcards

1
Q

legislation

A

S 75 LGFA 1992

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2
Q

explain hierarchy of liability

A

used to determin the correct person liable for council tax

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3
Q

what is the order of the heirarchy of liability

A

resident owner
resident tenant
resident statutory tenant,res stat assured tennant,res secure tenant

resident sub tenant

the resident

one of non res sub ten
non res tenant
non res owner

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4
Q

how do we use the heirarchy of liability

A

we start at the top of the list and keep going until we find the person who will be subject to the tax

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5
Q

liability for CTAX answers

A

regs (S75 LGFA1992)

heirarchy of liability

J/S more than one resident

when non res tenant/sub tenant liable

classes of owner liability like:
care home/ religious communities,/ HMO/ boarding school/ second home with servants/ residences of ministers religion

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6
Q

describe joint/several

A

where more than one person or organisation is liable for a debt, then each of the parties is held liable for the whole debt. If one party meets the whole debt then he has the right to recover the pro rata share from the others t

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7
Q

how is liability established in cases of more than one resident

A

if married or couple then j/several

if joint owners or J/T then are J/S liable

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8
Q

when can more thand one person be jointly liable for CTAX for the same dwelling?

A

regs LGFA 1992

persons with same interest in the house in terms of the H of liability

married persons or LTAHAW

owners liable by prescription if the H of L shows that owners are the liable party unless one is a disregarded person SMI

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9
Q

can non resident tenant or sub tenant be held liable

A

yes if the owner can prove that the property is let

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10
Q

what are the different classes of owner liability

A
care home
house of religious communities
HMO 
boarding school
second home with servants 
homes of ministers of religion
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