council tax exemption

Lorrid

My hubby is in the forces so his job dictates where we live. We own a house in Wales which is un furnished and not lived in, although it is about to be put on the rental market. The council gave us 6 months exemption from paying council tax but now say we have to pay in full , even though we don't live there and don't use any of the services covered by council tax. We would love to be able to live in our own home but as my husbands job means he gets posted all over the place it's not possible so we have to live in forces accomadation which also means we pay council tax here. I was led to beleive that if a persons job meant it wasn't possible to live in his own home then he would be exempt from paying council tax for it. Can anyone enlighten me on this one please.

olly300

From this leaflet section 12 (starts at page 8)

http://www.local.odpm.gov.uk/finance/ctax/ctaxbillguide.pdf

you have to pay council tax as you don't fall under one of the exempt groups.

You maybe able to get a discount if you can and prove your forces accommodation is your main home and the house you own is a second home. (see sections 1 and 10 of the leaflet)

CIS

Unfortunately you come under the sole or main residence regulations and 'intention to return'. If you have a residence to which you would return , if for example your husband left the forces, then it is classed as your main residence.

A main residence doesn't get any exemption, however a property in which a person is required to live for work purposes can get a 50% discount- although, effectively though your still paying 1.5 charges between the 2 properties.

As your living in forces accommodation you pay the normal charge on your property in wales and a charge to the MOD in lieu of Council tax - can I ask, how much is your charge to the MOD ?

Its quite a big issue at the moment with a lot of service people being posted abroad for long periods but unfortunately case law covers the rulings.

As your home is now a rental property, you should be able to get a Class C exemption followed by empty property rate (we bill for 50% but it varies). Some councils may quibble that it still your man home, but in my dept we tend to give exemptions/discounts for rental properties quite easily.

Lorrid

CIS wrote: »

Unfortunately you come under the sole or main residence regulations and 'intention to return'. If you have a residence to which you would return , if for example your husband left the forces, then it is classed as your main residence.

A main residence doesn't get any exemption, however a property in which a person is required to live for work purposes can get a 50% discount- although, effectively though your still paying 1.5 charges between the 2 properties.

As your living in forces accommodation you pay the normal charge on your property in wales and a charge to the MOD in lieu of Council tax - can I ask, how much is your charge to the MOD ?

Its quite a big issue at the moment with a lot of service people being posted abroad for long periods but unfortunately case law covers the rulings.

As your home is now a rental property, you should be able to get a Class C exemption followed by empty property rate (we bill for 50% but it varies). Some councils may quibble that it still your man home, but in my dept we tend to give exemptions/discounts for rental properties quite easily.

We pay £92 PER MONTH

CIS

That's the same as a standard Band A charge in this area. I would suggest that you go down the rental route and ask for a Class C, at least you'll get 6 month at zero charge.

Lorrid

CIS wrote: »

That's the same as a standard Band A charge in this area. I would suggest that you go down the rental route and ask for a Class C, at least you'll get 6 month at zero charge.

Thanks, just seems so unfair..if your don't work you get benefit help, if you commit an offence and go to prison you don't pay..if you work hard and buy your own home so you have somewhere to live once you finish serving your country you get naff all !

CIS

You maybe able to get a discount if you can and prove your forces accommodation is your main home and the house you own is a second home. (see sections 1 and 10 of the leaflet)

Case law already states that military accommodation isn't your main residence if you have a property elsewhere. some information is here:

http://www.valuation-tribunals.gov.uk/newsletters/VTS%20LPAC%20Newsletter%20-%20Issue%202%20Supplement.pdf
and here at paragraph 8.3.7
http://www.valuation-tribunals.gov.uk/council-tax-manual/5%20-%20CT%20Manual.pdf

CIS

if you commit an offence and go to prison you don't pay

The irony in that is if your committed for council tax (or court fine) non payment, you don't get a discount/exemption on your property. They still bill you.