Single persons council tax discount rejected

p00hsticks

G_M wrote: »

If you live in house A, and she lives in house B, then house B is not your (plural) PPR. It is her PPR. Your (singular) PPR is house A.

But HMRC say that a married couple can only have a single PPR between them, regardless of where they actually live, and in my experience councils follow the same rules for council tax.

If the OP formalises the separation and starts divorce proceedings then they may have more chance

marliepanda

Its pretty clear now why theyve rejected it.

Make the council tax accurate. Your name needs to be on the account where you live, which seems to be in place.

Your marital home needs to have your wifes name on as the occupier. You cannot say 'Hello I am Marco Foo, who is on the Ctax at 123 high Street, can I please have the single occupancy discount as only Michelle Foo lives there alone.' it doesnt make sense.

Her home needs to have her on the Ctax. Your home needs to have you on the council tax.

That should sort all your issues with Ctax.

CIS

p00hsticks wrote: »

But HMRC say that a married couple can only have a single PPR between them, regardless of where they actually live, and in my experience councils follow the same rules for council tax.

If the OP formalises the separation and starts divorce proceedings then they may have more chance

Council Tax has it's own rules - it's quite possible for a couple to have entirely separate homes for Council Tax purposes and have a single person discount on each.

lincroft1710

Mutton_Geoff wrote: »

Local councils can be funny (and greedy).

My house has an attached one bedroom self contained annexe with own separate access. The annexe is not occupied and is used for storage. It is rated separately for council tax. The council give me single person discount for the main house but won't give me the same on the annexe, even though, if anyone lived in it, it would be me and it's vacant anyhow and they don't offer any vacant property discount.

Single person discount is only available on one's main residence.

If legislation permits councils the option of offering or not offering an empty property discount, then a council which does not offer one is not greedy, just maximising its income stream which its auditors would wholly support.

It's almost worth me making up a fictitious occupier and pay the council tax as single occupancy.

Which would be CT fraud

.................

theartfullodger

marcofoo wrote: »

Hi everyone,

OP here. Apologies for the confusion but thank you for all the replies! Hopefully this clarifies...

Home 1 (our primary residence):
We own together.
Wife lives in this home as single occupant.
I moved out Sept 2017 and have no intention to return.
The council tax account is in my name. I have requested a single occupants discount.......

Think that's normally described as an "own goal". Why on earth, given you are not living there, would you have CT there in your own name?

What address is used for other of YOUR matters - HMRC tax return, voter registration, bank accounts, mobile 'phone bills?? Who's name on utility bills at Home 1?

Is lodger rent at Home 2 less than £7500pa? If over, who has declared rent income to HMRC, please?

The suspicious or cynical might suspect someone is trying a fiddle here.. I'm sure you can paint an entirely innocent picture....

Artful: (On 3rd successful marriage so familiar with splitting up, bills etc etc )

marcofoo

No document evidence to hand as yet. It has only recently become evident that a move back is not viable (these things don't happen overnight).

I am clearly paying for council tax on Home 2 however. They are welcome to come and visit.

If it must wait until separation of finances, name changes on accounts, divorce settlements etc then I'll likely be out of pocket on council tax for a maximum of up to 2 years... that doesn't seem fair.

Thanks for all the continued advice and debate.

theartfullodger

Er... what is preventing your wife from paying CT and being named as account holder? If that minor request can't be sorted you've much bigger problems as you try to agree other settlements.


Indeed, what is to stop you writing explaining you are not living there and are no longer responsible for CT at home 1?

Having said that 25% off a council tax bill is neither here nor there in a divorce settlement. With respect concentrate on the big issues and big numbers!

marcofoo

theartfullodger wrote: »

Think that's normally described as an "own goal". Why on earth, given you are not living there, would you have CT there in your own name?

What address is used for other of YOUR matters - HMRC tax return, voter registration, bank accounts, mobile 'phone bills?? Who's name on utility bills at Home 1?

Is lodger rent at Home 2 less than £7500pa? If over, who has declared rent income to HMRC, please?

The suspicious or cynical might suspect someone is trying a fiddle here.. I'm sure you can paint an entirely innocent picture....

Artful: (On 3rd successful marriage so familiar with splitting up, bills etc etc )

"What address is used for other of YOUR matters - HMRC tax return, voter registration, bank accounts, mobile 'phone bills?? Who's name on utility bills at Home 1?"

All at Home 1. All in my name.

As I said, early days.

marcofoo

theartfullodger wrote: »

Er... what is preventing your wife from paying CT and being named as account holder? If that minor request can't be sorted you've much bigger problems as you try to agree other settlements.


Indeed, what is to stop you writing explaining you are not living there and are no longer responsible for CT at home 1?

I can change this. If that's the solution then that is easy.

Without going into too much detail about our personal life, we are able to discuss everything amicably.

CIS

marcofoo wrote: »

No document evidence to hand as yet. It has only recently become evident that a move back is not viable (these things don't happen overnight).

I am clearly paying for council tax on Home 2 however. They are welcome to come and visit.

If it must wait until separation of finances, name changes on accounts, divorce settlements etc then I'll likely be out of pocket on council tax for a maximum of up to 2 years... that doesn't seem fair.

Thanks for all the continued advice and debate.

There is no requirement to wait - under council tax legislation the moment the property becomes your 'sole or main residence' and you have no 'intention to return' to the marital home then you are no longer regarded as resident for council tax purposes. However, a local authority will be suspicious and want some sort of evidence to back it up, too many people play the system for them not to be.

Your name should be removed from the joint council tax account at the marital home and it should be changed only to that of your wife.