Local Taxation Flashcards
What are the 4 ingredients of rateable occupation?
ABET.
Rateable occupation case law that established 4 ingredients?
J Laing & Son v Kingswood [1949]
What is CCA?
The process of appealing your business rates.
What legislation governs CCA?
The 2009 Non Domestic Appeal Regs and the 2017 Non Domestic Appeal Amendment Regs
What is the difference between the LGFA 1988 and 1992?
Non-Domestic Rating v Council Tax. 1973 RL for both domestic and non-domestic. Community Charge 1990-1993.
What are the P&M Regulations?
The Plant and Machinery Regulations 2000.
Is P&M rateable?
Only if mentioned in the appropriate regulations.
What are the 4 classes of P&M?
Class 1: Power I.e compressors
Class 2: services I.e heating and cooling
Class 3: movement I.e railways and lifts
Class 4: structures I.e tanks
What are some value significant factors that affect a business rate last unit?
Rent, fit out, P&M, location, size, quality, car parking, depends on the asset class
What is the AVD?
The date that general levels of value are taken at.
What is an NDR exemption?
Exemptions are not rateable. Definition of RV excludes exempt property. Exemptions are found in Schedule 5 to the LGFA 1988 which includes places of public religious worship, parks and sewers.
What is Rating?
Historically it has been a tax on the occupation of land and buildings.
What is the measure of liability for Rating?
It is the value to the occupier of his occupation.
What is the leading Rating authority on the weight of evidence?
Lotus & Delta v Culverwell [1976]. 6 principles. Subject property rent is the starting point. The more closely the subject rent aligns to the definition of RV the more weight should be attached. Rents of similar properties are useful evidence. Assessment and settlement evidence of similar properties also useful. Weight the evidence accordingly.
What is the definition of RV?
Paragraph 2(1) of schedule 6 to the local government finance act 1988. The RV of a non exempt and non domestic property shall be taken to be an amount equal to the rent at which it is estimated the hereditament might reasonably be expected to let from year to year on these 3 assumption; date, repair, FRI.
What regulations govern the material day?
1992 material day regs as amended in 2005 and 2017 due to CCA.
What legislation governs the Effective Day?
2009 Appeal Regs
What measures did the 2021 Business Rates Review Report recommend?
More frequent revaluations. Now every 3 years. Better sharing of information. A more efficient appeals system.
What are the Agency’s 2 major transformation programmes?
BST (Business Systems Transformation) and NDR Reforms
What is BST?
Introduced to modernise the tools used within the Agency. The 30 year old CDB will eventually be replaced. Currently a new Valuation Mapping Tool has been created and implemented that enables a geospatial view of comparable properties with various sets of data able to be used.
What is the NDR Reforms programme?
It was set up following the 2021 government business rates review report. It aims to implement a series of measures to improve the business rates system. Including P&M Amendment Regulations 2022.
What is currently happening in the world of business rates?
Lots of changes in response to the Governments business rates review in 2021 and Spring 2024 budget. P&M Amendment Regulations 2022. Non- Domestic Rating Act 2023 (setting into motion 3 yearly revals, changes to MCC provisions). Improvement Relief Regulations 2023. Unoccupied Property Amendment Regulations 2024
