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Backdated Council Tax from Travelling
arihedon
Posts: 4 Newbie
Hi, I’m just wondering if I could get some advice please.
I live with my mother and I was a student up until June 2017, and I went travelling from July 2017 to July 2018. The council have now written to us saying they’re going to send a backdated bill from my course end date June 2017 for Council tax for me since I wasn’t a student anymore - I’m wondering if and how I can explain I wasn’t even in the continent and was registered and working abroad?
Thanks in advance
I live with my mother and I was a student up until June 2017, and I went travelling from July 2017 to July 2018. The council have now written to us saying they’re going to send a backdated bill from my course end date June 2017 for Council tax for me since I wasn’t a student anymore - I’m wondering if and how I can explain I wasn’t even in the continent and was registered and working abroad?
Thanks in advance
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Comments
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So your mother had reduced council tax with you being a student, you finished your course but your mother didn’t inform the council you were no longer a student so your mother continued at the discounted rate.
You moved out of the country for a year so if that all fits your mother should have applied for single persons discount (providing she was the only one living there at the time)
That’s what i can kind of gather from your post.Things that are free in life are great, well most of the time :beer:0 -
Yes, this is correct! I’m just wondering if that’ll work and hopefully save us a lot of money.0
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If kangaroo photos don’t work then I’m sure I can provide payslips or tax summary :rotfl:0
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You need to explain more detail.
Which property are you being held liable for?
What was your position relating to that property during that time?
Who, if anyone, was actually resident in the property during that time?0 -
It would seem that the council have held that the property remained your sole or main residence during the period in question and therefore for council tax purposes they regarded as you as still being resident in the property with your mother.
This can happen under council tax legislation even where you have been living and working abroad (residence and living are two difference concepts for council tax purposes). This has probably led to more court cases over the years than any other council tax concept.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.0 -
As the family home was your main residence (basically 'where you go back to'), you are liable to council tax.
My OH was living and working in India for several months. While he was away, I moved house (long story...). While I was living in the old house this was considered to be his place of residence. After I moved, I was entitled to the single person's discount, but only until he had spent a night there. At that point it would be considered to be his place of residence, even if he only spent one night. As this is precisely what was going to happen (he was coming home, then we were immediately going away for a few days, then he was heading back to India), the nice woman at the Council suggested we spend the night at the Holiday Inn!No longer a spouse, or trailing, but MSE won't allow me to change my username...0 -
By suggesting the course of action they did they were trying to help you out by playing safe but they were slightly out on the 'one night' - to be regarded as having been resident it would have to be a 'sole or main residence'. It would be difficult for the council to argue that one night in a property formed that intention.At that point it would be considered to be his place of residence, even if he only spent one night. As this is precisely what was going to happen (he was coming home, then we were immediately going away for a few days, then he was heading back to India), the nice woman at the Council suggested we spend the night at the Holiday Inn!
Intention to return in one aspect but there's more consideration to take in than just that. The overall test looks at that the 'reasonable onlooker' would see.As the family home was your main residence (basically 'where you go back to'), you are liable to council tax.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.0 -
It’s my mothers house. I was a student up until I went travelling. Only my mother was resident in the property. I am just wondering how to go about this and if I can prove I was working abroad, would this avoid the charge backdating to last June? As they think I’ve been present since then.0
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There do seem to be differences between authorities on some aspects of Council Tax, but I don't know if the definition of residence is one of them.
Probably the simplest thing would be for you to speak to the Council - at the end of the day, you have to pay what you owe, and they would be able to tell you what they need in the way of paperwork if there's a chance you might not have to pay.
CIS - Yes - only one night. Sole and main residence is the thing - and it was, as he didn't own any other property. He stayed the night, I paid the full amount of Council Tax. That's fair. In fact I was quite surprised that I'd been allowed the single person discount in the first place! After all, he was on the deeds, and on the mortgage, we're married and he doesn't own any other property.No longer a spouse, or trailing, but MSE won't allow me to change my username...0 -
From what you have said the actual decision was spot on regarding the SPD (which is rare !) just some of the additional logic, which actually made little real difference in your case, was slightly off regarding his temporary visit.In fact I was quite surprised that I'd been allowed the single person discount in the first place! After all, he was on the deeds, and on the mortgage, we're married and he doesn't own any other property.
It shouldn't be but... Strictly speaking there is no direct definition, it was never defined in legislation. Any definition that has evolved has been via case law.There do seem to be differences between authorities on some aspects of Council Tax, but I don't know if the definition of residence is one of them.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.0
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