Local Taxation Flashcards
What items of Plant and Machinery are rateable?
Any P+M which is significant to the functioning of the business
Tell me about empty property rate relief
Office and shops can claim empty rate relief for 3 months
Industrial and warehouse get relief for 6 months
If a lease is signed for 6 weeks then they can then apply for empty relief.
Lead case is macro properties v Nuneaton and Bedwort Borough Council 2012
Why do we have an AVD and not value at the effective date?
to give the VO time to produce and update the list.
What is rateable value?
Rental value based on the assumption that:
hypothetical tenancy begins on material day levels of value at AVD.
Hereditament is in ‘reasonable repair’
Tenant pays all rates taxes and has FRI lease
Year to year – annual tenancy with prospect of continuance.
what is the material day
Day we take all physical factors affecting property and the locality.
what is AVD
Antecedent valuation date
Day we take all non-physical factors; levels of value, economy and law
2017 list = 1 april 2015
2023 list (postponed from 21’) = 1 april 2021
what is a hereditament
A property which is an entry in a rating list (Section 115 of General Rate Act 1967)
what is an FRI lease
Full repairing and insuring lease – liability on tenant
what is an IRI lease
Internal repair and insuring is liabile to tenant, external repairs is landlords, may be claimed back via a service charge making it effective FRI.
where is the definition of rateable value found?
Schedule 6 Local government and finance act 1988
What is not rated according to schedule 5 Local government and finance act 1988? Can you name at least 3?
Domestic property Parks Religious buildings Agricultural land Agricultural buildings Fish farms lighthouses
how does the small business relief scheme work?
If a business has 1 hereditament with an RV of less than £15,000 or multiple hereditaments totalling under £20,000 they can apply for SBRR.
Sliding scale of relief between £12k and £15k.
How does the Charitable rate relief work?
If a hereditament is used for charitable purposes they get 80% statutory relief off their rates bill.
The remaining 20% is at local authorities discretion
what is transitional relief and how does it work?
A scheme to lessen the impact of significant RV increases and decreases between rating lists.
The liable amount is adjusted to buffer the impact.
In essence – amount payable won’t go up or down as much as it originally would have done.
Normal rules for determining a unit of assessment (3 rules)
1 area of land
1 occupier
1 use
what are the four tenants of rateability?
Actual occupation – tangible same place every day
Beneficial – capable of being used for its intended purpose
Exclusive occupation – sole occupation of hereditament
Transient – not too transient, degree of permanence
Rateability lead case
J Laing v Kingswood 1949
Tell me about the case J Laing v Kingswood 1949
The Court of Appeal adopted 4 essential determinants of rateable occupation. These are that the occupation must be actual, exclusive, beneficial and not too transient.
What is rebus sic stantibus
‘things standing thus’ in latin. Taking things as they stand Two limbs Physical limb – assume property its in physical state Use limb – assume use staying the same
What is the material day for a compiled 2017 list appeal?
1 April 2017
what is the material day for a material change in circumstance appeal?
Day of proposal (check submission date)
what is the material day for splits and mergers?
Day of event
What is the effective day
Day liability stops, starts or changes
Usually material day unless there is an increase in RV then Effective date will be the day the list is altered.
Important date for ratepayers as this it affects finances.
Can you name the two secondary legislations for 2017 list alterations
Non-domestic rating (alteration of lists and appeals) (england)(amendment) Regulations 2017
The valuation tribunal for England (council tax and rating appeals) (procedure) (amendment) Regulations 2017