Council Tax help

Bellee

CIS said:

The legal position for CT liability for a married couple assumes they live together

It doesn't. The default position is that a person is only ever resident at the property which is their 'sole or main residence' - this may or may not be together, there is no default position that a couple are resident together.

Very helpful thank you. We are married and spend a lot of time together. Although we each separately pay our own council tax, I could be at his for weeks at a time. I had never really thought about it but my husband raised it and that’s why I posted on here. We both claim the discount but I don’t want either of us to be in trouble for this with us being a married couple and wondered whether I could just be added to his bill or not. It would be really helpful if the person you are referring to could advise. It is a unique situation in that we have no plans on officially living together and one of us giving up our property as that’s what works for us. Thanks again. 

I've popped in as mentioned above.

It all depends on where the 'reasonable person' would say your 'sole or main residence' is, looking at the facts of the situation.

In this situation, you cannot be added to the council tax account unless you are resident at the property with him.

Just being at a property, even for weeks, does not necessarily make you resident there - it would take a proper look at the whole situation in order to give more of an opinion on it but this is the sort of case that, should it be argued, would likely end up at a tribunal for a decision.

Thank you for the information. My main residence is my home address but some time ago, someone from the council turned up at my husband’s property and asked to clarify whether or not he was the only one living there, to which he replied he was. I’m not sure why or if this was just a random check given the size of the property? So if he stopped claiming the single discount, would this be ok? I have called the council and spoke to someone who had no clue whatsoever. 

CIS

Bellee said:

CIS said:

The legal position for CT liability for a married couple assumes they live together

It doesn't. The default position is that a person is only ever resident at the property which is their 'sole or main residence' - this may or may not be together, there is no default position that a couple are resident together.

Very helpful thank you. We are married and spend a lot of time together. Although we each separately pay our own council tax, I could be at his for weeks at a time. I had never really thought about it but my husband raised it and that’s why I posted on here. We both claim the discount but I don’t want either of us to be in trouble for this with us being a married couple and wondered whether I could just be added to his bill or not. It would be really helpful if the person you are referring to could advise. It is a unique situation in that we have no plans on officially living together and one of us giving up our property as that’s what works for us. Thanks again. 

I've popped in as mentioned above.

It all depends on where the 'reasonable person' would say your 'sole or main residence' is, looking at the facts of the situation.

In this situation, you cannot be added to the council tax account unless you are resident at the property with him.

Just being at a property, even for weeks, does not necessarily make you resident there - it would take a proper look at the whole situation in order to give more of an opinion on it but this is the sort of case that, should it be argued, would likely end up at a tribunal for a decision.

Thank you for the information. My main residence is my home address but some time ago, someone from the council turned up at my husband’s property and asked to clarify whether or not he was the only one living there, to which he replied he was. I’m not sure why or if this was just a random check given the size of the property? So if he stopped claiming the single discount, would this be ok? I have called the council and spoke to someone who had no clue whatsoever. 

They do random checks but it may also have been a targeted check, you'll probably never know.

If you're not resident then there's no need to cancel the discount as he'd still be entitled to it.

Bellee

CIS said:

Bellee said:

CIS said:

The legal position for CT liability for a married couple assumes they live together

It doesn't. The default position is that a person is only ever resident at the property which is their 'sole or main residence' - this may or may not be together, there is no default position that a couple are resident together.

Very helpful thank you. We are married and spend a lot of time together. Although we each separately pay our own council tax, I could be at his for weeks at a time. I had never really thought about it but my husband raised it and that’s why I posted on here. We both claim the discount but I don’t want either of us to be in trouble for this with us being a married couple and wondered whether I could just be added to his bill or not. It would be really helpful if the person you are referring to could advise. It is a unique situation in that we have no plans on officially living together and one of us giving up our property as that’s what works for us. Thanks again. 

I've popped in as mentioned above.

It all depends on where the 'reasonable person' would say your 'sole or main residence' is, looking at the facts of the situation.

In this situation, you cannot be added to the council tax account unless you are resident at the property with him.

Just being at a property, even for weeks, does not necessarily make you resident there - it would take a proper look at the whole situation in order to give more of an opinion on it but this is the sort of case that, should it be argued, would likely end up at a tribunal for a decision.

Thank you for the information. My main residence is my home address but some time ago, someone from the council turned up at my husband’s property and asked to clarify whether or not he was the only one living there, to which he replied he was. I’m not sure why or if this was just a random check given the size of the property? So if he stopped claiming the single discount, would this be ok? I have called the council and spoke to someone who had no clue whatsoever. 

They do random checks but it may also have been a targeted check, you'll probably never know.

If you're not resident then there's no need to cancel the discount as he'd still be entitled to it.

Thank you for your help. It’s difficult to find the correct information in regards to what the situation is being married. I wasn’t sure whether this made a difference or not and want to make sure that everything is above board. 

CIS

Bellee said:

CIS said:

Bellee said:

CIS said:

The legal position for CT liability for a married couple assumes they live together

It doesn't. The default position is that a person is only ever resident at the property which is their 'sole or main residence' - this may or may not be together, there is no default position that a couple are resident together.

Very helpful thank you. We are married and spend a lot of time together. Although we each separately pay our own council tax, I could be at his for weeks at a time. I had never really thought about it but my husband raised it and that’s why I posted on here. We both claim the discount but I don’t want either of us to be in trouble for this with us being a married couple and wondered whether I could just be added to his bill or not. It would be really helpful if the person you are referring to could advise. It is a unique situation in that we have no plans on officially living together and one of us giving up our property as that’s what works for us. Thanks again. 

I've popped in as mentioned above.

It all depends on where the 'reasonable person' would say your 'sole or main residence' is, looking at the facts of the situation.

In this situation, you cannot be added to the council tax account unless you are resident at the property with him.

Just being at a property, even for weeks, does not necessarily make you resident there - it would take a proper look at the whole situation in order to give more of an opinion on it but this is the sort of case that, should it be argued, would likely end up at a tribunal for a decision.

Thank you for the information. My main residence is my home address but some time ago, someone from the council turned up at my husband’s property and asked to clarify whether or not he was the only one living there, to which he replied he was. I’m not sure why or if this was just a random check given the size of the property? So if he stopped claiming the single discount, would this be ok? I have called the council and spoke to someone who had no clue whatsoever. 

They do random checks but it may also have been a targeted check, you'll probably never know.

If you're not resident then there's no need to cancel the discount as he'd still be entitled to it.

Thank you for your help. It’s difficult to find the correct information in regards to what the situation is being married. I wasn’t sure whether this made a difference or not and want to make sure that everything is above board. 

It's because it's quite a technical area, lots of legislation and case law. (Council tax is easy on the very surface but dip under and it's like any tax law, very convoluted).