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Another Council Tax 150% (Theft) Question

I too, like others have just received a very unwelcome letter in the post from my local council informing of the 150%.

Here are the facts.

1. The house is fully furnished.
2. I pay mains water, gas and electricity, tv license for the property
3. My bank statements and some post go there
4. I spend most of the time during the week and some weekends living with my girlfriend in her house.
5. I go to the house (my house) mostly at weekends
6. I have been receiving long term empty (C) discount on the house

I am going to contact the council to ask them to remove the additional 50%.

I had actually forgotten about the 10% band C discount and was going to ask them for a SPD but never got round to it.

So, question is how do I get out of this situation..

If I say I live there then I assume they will say you owe us the previous year(s) 10% plus interest and a fine ???

Can I say I just live there at weekends, which is true, and that negates the 50% additional levy ?

..and while I'm on this forum.. when was this ruling made public ? I pride myself on keeping up-to-date with news and I would have thought this would have caused a bit of a furore, when was it announced ?

..and another thing, how do council's justify charging 150% of council tax for a property that is empty when if it's empty the services the tax (allegedly) pays for will not be being consumed ?

Ideally, I'm looking for answers to the main question, the others are merely a vent of utter frustration..

TIA

:mad:

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can I say I just live there at weekends, which is true, and that negates the 50% additional levy ?

    Your not resident for council tax purposes.
    I had actually forgotten about the 10% band C discount and was going to ask them for a SPD but never got round to it.

    Your not entitled to a single person discount on the property and it's going to look odd as to why you've suddenly remembered that a) your 'resident' and b) the property has been furnished.
    ..and while I'm on this forum.. when was this ruling made public ? I pride myself on keeping up-to-date with news and I would have thought this would have caused a bit of a furore, when was it announced ?

    It's been discussed for months.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ..and another thing, how do council's justify charging 150% of council tax for a property that is empty when if it's empty the services the tax (allegedly) pays for will not be being consumed ?
    The legislation is created by the government, the council are only using an option which is given in legislation. Council Tax is not tax on services, its a tax on funding the council which will then provide services from the funds they have available.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Let's face it, your wheeze on avoiding council tax has started to backfire on you.
  • CIS wrote: »
    Your not resident for council tax purposes.

    what are the definitions of "resident for council tax purposes" ?
    CIS wrote: »
    Your not entitled to a single person discount on the property

    why not ?
    CIS wrote: »
    Council Tax is not tax on services, its a tax on funding the council which will then provide services from the funds they have available.

    Fair enough, but that doesn't explain why a property empty or partially so, attracts an additional levy ?
    Let's face it, your wheeze on avoiding council tax has started to backfire on you.

    why was it a wheeze ? if (as CIS states) I am not resident for council tax purposes then my discount was appropriate and correct, rendering your, frankly unhelpful, comment useless.

    --

    Thank you CIS for your comments
  • noh
    noh Posts: 5,827 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    This gives a guide on how it is decided if a property is your main residence or not

    http://www.darlington.gov.uk/Advice+and+Benefits/counciltax/aboutcounciltax.htm#main

    If your are living at your girlfriends house and full council tax is being paid there then that is your main residence.

    Councils have to raise additional revenue to fund the Council Tax Reduction Scheme which replaces Council Tax benefit.
    Legislation allows them to charge up to an extra 50% on second homes therefore many local authorities are now doing so. It is also hoped that it will encourage people not to leave homes empty terefore helping with housing shortages.

    http://www.bbc.co.uk/news/business-21814039
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