Council Tax - Single Person's Discount

CKhalvashi

thomathy wrote: »

Genuinely mystified as to the questions, or the logic.

"Are you in love?" - I can picture a behatted and ID badged council inspector with clipboard who comes to enquire - "if you are, there is a 25% tax charge for each of you to pay on your separate homes."

I shouldn't laugh, but :rotfl::rotfl::rotfl:

I have no idea on this too, and in the 7 years I spent as a Cllr, I never saw a scenario like OP's come up once......

It does make me wonder how they define 'couple' now, and I will check on Monday with the lady that's taken over my role, to see if she knows.

booksurr

thomathy wrote: »

This is absolutely bizarre. But seemingly correct from the link. ....

Genuinely mystified as to the questions, or the logic.

its very logical and not at all bizarre

under council tax law the SPD is only available on the "sole or main residence"
unhelpfully there is no statutory definition of main residence therefore where someone owns more than one home the determination of which is their main home is down to judgement exercised by council staff working within parameters established by case law

i am sure you would agree that the "norm" for a married couple would be expectation of cohabitation and so no SPD on the main home irrespective of whether they each have a stake in ownership of both properties (the other therefore being a second home). So the questionnaire needs to establish the "lifestyle" and could of necessity be seen to be intrusive but the fact remains without establishing who lives where and why the taxpayer would be defrauded

I should think nearly every council website in the UK has a page about main residence, the two quoted earlier are, in my opinion, not the best examples in terms of assessment questions under such categories as:
- security of tenure
- personal ties to the property/area
- family ties to the property/area

note that case law has established that mere quantity of time spent at an address is not a deciding factor. It you have a pad in town where you live Mon - Fri because of work and then go "home" at the weekend to see the wife you cannot claim SPD on the pad, it is a second home not a main home. Similarly if you work abroad for 11.5 months per year, the wife cannot claim SPD on the UK residence because that is also her husband's main home even if he is hardly there

here are some examples of questions in action:
http://www.bournemouth.gov.uk/CouncilDemocracy/CouncilTax/11L-Sole-or-Main-Residence-(temporary-absence)-.aspx
http://www.gosport.gov.uk/sections/your-council/council-services/council-tax/sole-or-main-residence/
http://www.southoxon.gov.uk/services-and-advice/council-tax-and-benefits/council-tax/calculating-your-bill/sole-or-main-residenc
http://www.ne-derbyshire.gov.uk/advice-and-benefits/council-tax/reducing-your-bill/solemain-residence/

CIS

It you have a pad in town where you live Mon - Fri because of work and then go "home" at the weekend to see the wife you cannot claim SPD on the pad, it is a second home not a main home. Similarly if you work abroad for 11.5 months per year, the wife cannot claim SPD on the UK residence because that is also her husband's main home even if he is hardly there

The defining factor is the above is intention to return - an aspect which is missing in the OP's case.

One of the key aspects of Parry was that the person who was the owner of a dwelling was not simply to be regarded as resident and there had to be a resident of a dwelling if it was to be a person's residence. It would only became his sole or main residence when he returned to live in it.

booksurr

CIS wrote: »

The defining factor is the above is intention to return - an aspect which is missing in the OP's case.

but OP clearly states that hubby

MumOf2 wrote: »

will come down when he isn't in the first one because of work commitments.

so as you said earlier the moment that happens it becomes his main home also and any right of either to claim SPD is lost

CIS

so as you said earlier the moment that happens it becomes his main home also and any right of either to claim SPD is lost

Only when he takes the property as his 'sole or main residence' - visiting a property does not make it that.

unhappy_shopper

From my personal experience, the local councils do not grant 'single person discount' when spouses/partners live Mon-Fri in different towns for work reasons. However, there are some exclusions (eg. https://www.scambs.gov.uk/content/discounts). May be you should look up the webpages of your local city/town council. HTH.

CIS

From my personal experience, the local councils do not grant 'single person discount' when spouses/partners live Mon-Fri

That's correct based on someone working away from a home where they are 'solely or mainly' resident - if they are no longer 'solely or mainly' resident it ceases to apply.

boliston

I think it's a bit outdated that people's relationship status should have an effect on taxation - I'd prefer it if people were treated for taxation the same if they were in a relationship or not, especially as couples often have totally separate finances these days. If a man lives with a woman and they are just very good friends I see no reason they should be treated any more or less favourably for taxation purposes than if they were "more" than just friends.

lincroft1710

boliston wrote: »

I think it's a bit outdated that people's relationship status should have an effect on taxation

The only time "relationship status" makes a difference for CT purposes is that where 2 people live as man and wife, a council can pursue either party for the whole amount if a CT bill is not paid.

boliston

lincroft1710 wrote: »

The only time "relationship status" makes a difference for CT purposes is that where 2 people live as man and wife, a council can pursue either party for the whole amount if a CT bill is not paid.

The trouble is that there is not standard definition of "live as man and wife" - what about "open" relationships?