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.
