Council Tax and 3 year posting

hubcaps_2

Hi

I can see a lot of posts regarding council tax discounts when serving a 6 month tour, but can't see anything on this, so sorry if it's been posted before.

Quick background

Partner and I about to buy a house, which I will live in.

He is about to get posted to Germany for 3 years.

He pays the MOD CILOCT (cash in lieu of Council Tax).

Council is saying no discount is applicable as house will be his main residence.

I have said it's not his main residence, Germany is and since he also pays CILOCT, we will in effect be paying twice.

Can someone point me in the right direction as to any discounts we may be entitled to? Surely either we should get discount on Council Tax or he shouldn't be paying CILOCT but not sure which?

Any help much appreciated

Thanks

BLT_2

You are both living in seperate properties, therefore the house in UK is your main residence and hence you pay council tax, but should be entitled to 25% discount. He meanwhile is living in a different residence and hence pays Council Tax for that residence.

CIS

You are both living in seperate properties, therefore the house in UK is your main residence and hence you pay council tax, but should be entitled to 25% discount. He meanwhile is living in a different residence and hence pays Council Tax for that residence.

I would not agree fully based on what the OP has posted.

If you have a property in the UK to which there is intention to return then the property will in 99% of cases remain the main residence of the person invloved. This has already been determined by council tax case law.

Can someone point me in the right direction as to any discounts we may be entitled to? Surely either we should get discount on Council Tax or he shouldn't be paying CILOCT but not sure which?

This report will help clarify the issue - http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snpc-03860.pdf

The cases of Stark and Anderton given in the report are just a few of the relevant cases on this matter, Ward v Kington upon Hull is another important case.

Apollonia

You might find this answers your questions:

http://www.aff.org.uk/linkedfiles/aff/housing/counciltaxsnpc03860.pdf

In a nutshell, you are unlikely to get a discount. Page 2 of the document I have linked above explains the reasoning behind the judgements given in cases that were taken to court.

Also, CILOCT is not the military 'council tax' - it is 'in lieu' of council tax (ie instead of council tax) so your partner is not technically paying council tax twice. Again, CILOCT is explained in the document.

And from the letters page in Soldier magazine Feb 2010 from someone asking the same question, the answer was:

Current legislation requires that all personnel who own or rent a private property in England, Scotland or Wales remain liable to pay Council Tax to their local authority while absent from that property, as this normally remains their sole or main residence.
Council Tax discounts and exemptions are a matter for local authorities rather than the MoD.
If you disagree with their decision you have a right of appeal. Pages 22 and 23 of Council Tax: A Guide to Your Bill (www.local.communities.gov.uk/
finance/ctax/ctaxbillguide.pdf#) explains this process.

hubcaps_2

Thank you all very much for your reply - even if I don't like the answer. Seems very odd to me that if he were sentenced to a 3 year jail sentence we would get the 25% discount (even if he intended to return on his release) but we're not entitled to discount because he is abroad serving with HM Forces.

It's no wonder this country is going to the dogs...

Alias_Omega

Hubcaps,

I am going to move this thread into the 'Cutting Tax' section of the forum for further replies.

Regards,

Alias

Alias_Omega

MOVING THREADS FOR BETTER RESPONSES

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

Trying_to_be_good

Hubcaps

If he genuinely doesn't live in, or pay anything towards, the house you will be entitled to the discount.

If he does pay something towards it, you probably won't.

If he claims any allowances (from MOD) for having his main home in the UK, and now being 'separated' from it, you definitely don't. Normally these allowances outweigh the 25% Council Tax discount, anyway.

Good luck living apart whilst he's in Germany - it's tough but by no means impossible, and there's some good stuff to do and see on visits over there!

Midori_2

Hi,
I pay both council tax on a property in the UK and CILOCT here in Cyprus. The property in the UK is completely unfurnished, has no gas connection or kitchen installed, no carpets and we have not yet lived in this property. We still have to pay the FULL council tax and get no discount due to it still being 'habitable'.I believe there was a period where we may have got a slight reduction due to it's unfurnished state but this only lasted about 6 months and we were told that the discount period had been used up as it had already been empty for 18 months when we bought it.

I have looked on the local council's website and can see no discount option open to me despite the property's condition or the fact that we are currently in Cyprus on a posting. I do agree it is naff that if I went to prison it would get paid but posted abroad we still have to pay it... (I mean, either way, no-one is living in the property), but I guess I can still afford to pay it from abroad rather than in prison I would not.

Anyhoo... Bit of a bummer but that's the way it is I guess.

CIS

You fall in to an area where you can argue the UK home is not your main residence because you have never been resident - once you have become resident then you would not be entitled to any discount as it would remain as your main residence if you where posted again.

Aberdeenangarse

fetamy wrote: »

Hi hubcaps ,
If you are still want to buy a house than this is for you. Cyprus new law is for those who do not pay VAT can save upto 50 for buying a new house. The transfer funds have been abolish according to Cypriot law till June 2010. Get more information on it and save money. If yo want to buy a house than this is the peak season for buyers. Consult your real estate agents.

Why don't you p1ss off there than and stop spamming :mad: