Council Tax

The Valuation Tribunal Service has cleared up many previous doubts regarding the exact nature of Council Tax and states that:

The tax is a mix of a property tax and a personal tax. Generally, where two or more persons reside in a dwelling the full tax is payable. If one person resides in the dwelling then 75% is payable. An empty dwelling attracts only a 50% charge unless the billing authority has made a determination otherwise.[4] [lower-alpha 1]

At the bottom and middle end of the market, Council Tax is a progressive tax based on the value of the property; the higher the value of the property, the higher the amount of tax levied irrespective of the number of inhabitants at the property (except the reduction allowed for single tenancy). However, there is only one band for properties valued (in 1991) above £320,000, and so the tax stops increasing after this point. Therefore, the tax has been criticised for being disproportionate, with those in more expensive houses not paying as much as those in smaller houses as a proportion of the value of the house, and has therefore been called a "new poll tax for the poor".[5]

The valuation of the property is carried out by the Valuation Office Agency in England and Wales and by Scottish Assessors in Scotland.[6][7][8]

An area that is facing growing attention is the number of households that are falling into arrears with their Council Tax payments.[9] The ordinary route for councils to chase unpaid debts is to apply to a magistrates' court for a liability order. If a liability order is granted, the council can undertake enforcement action. In 2014–15, the court and administration costs in relation to Council Tax debt increased by 17%.[10]

The collecting authorities are the councils of the districts of England, principal areas of Wales and council areas of Scotland, i.e. the lowest tier of local government aside from parishes and communities.

The precepting authorities are councils from other levels of local government such as county or parish councils and other agencies. In metropolitan counties where there is no county council, the joint boards are precepting authorities. There may be precepting authorities for special purposes that cover an area as small as a few streets or as large as an entire county.

These all set their precepts independently. Each of the levying authorities sets a precept (total amount) to be collected for households in their area. This is then divided by the number of nominal Band D properties in the authority's area (county, district, national park, etc.) to reach the Band D amount.

In general terms: The occupiers of a property are liable, regardless of tenure, or the owners if the property is unoccupied, except if the property is a house in multiple occupation, in which case the landlord is liable for paying the Council Tax.[11]

The government had planned to revalue all properties in England in 2007, which the first revaluation since 1993, but in September 2005, it was announced that the revaluation in England would be postponed until "after the next election".[12] At the same time, the terms of reference of the Lyons Inquiry were extended and the report date pushed out to December 2006 (subsequently extended to 2007).[13]

In Wales, tax bills based on the property revaluations use 2003 prices issued in 2005. Because of the surge in house prices over the late 1990s and early 2000s, more than a third of properties in Wales found themselves in a band higher than under the 1991 valuation. Some properties were moved up three or even four bands with consequent large increases in the amount of Council Tax demanded. Some properties were moved into new Band I at the top of the price range. Only 8% of properties were moved down in bands.

However, a large shift of properties between bands will cause a shift in the allocation of the charge between bands, and the tax levied for each particular band will then drop, as the total amount collected will remain the same for each authority (see "calculation of amount" above).

Between the wholesale revaluations, a major change to a property (such as an extension, or some major blight causing loss of value) can trigger a revaluation to a new estimate of the value the property would have reached if sold in 1991. If such a change would result in an increase in value, then re-banding will only take effect when the property is sold or otherwise transferred.

In England, the Council Tax bands are as follows:

In Wales, the bands were re-set on 1 April 2005 by the National Assembly for Wales, based on 2003 valuations. In addition to revising the band boundaries upwards, an extra band was added.

In Scotland, the current bands are

Due to the different make-up of each council area, Council Tax rates can vary quite a bit between different local authorities. This is less noticeable in parts of the country like Scotland, where band D rates in 2011 varied from a low of £1,024 (in the Western Isles) to a high of £1,230 (in Aberdeen), but the effect can be more pronounced in parts of England. For example, the 2018 rates in London had this sort of distribution:[14]

Under the Labour government of Tony Blair, average Council Tax rates rose dramatically above inflation,[16][17] creating a degree of resentment by residents.

The subsequent Coalition government have made an effort to get councils to freeze Council Tax rates, gradually eroding the above inflation increases via ordinary inflation. This has been achieved by offering councils large grants in return for freezing their Council Tax rate; for example, in some years these grants were equal to the amount that would have been gained by a 1% Council Tax rise.

In addition, the law has been changed, so that councils cannot increase Council Tax by an amount higher than a cap specified by the government[18] (currently 3%), without holding a local referendum to approve the change; so far only one council has invoked such a referendum,[19] but many have raised Council Tax as close to the cap as they can get without passing it (for example, by 2.99%).

Although local government policy is a devolved matter, the Barnett Formula leads the Scottish Government to acquire funding somewhat in accordance with central government priorities. Subsequently, by 2013, the Scottish Government froze Council Tax rates for the fourth time.

Some dwellings are automatically exempt from Council Tax liability; these are officially organised into a number of distinct classes. Most of these exemption classes only apply when the property is completely unoccupied; these are as follows:

The remaining exemption classes apply not only when the property is unoccupied, but also when certain categories of people are living there:

Other classes existed historically and are no longer mandatory. Councils may still offer 100% discount; some discount or no discount at all at their discretion. Once a property has been vacant for over 2 years, they have the right to levy a surcharge of up to an additional 50% on the standard Council Tax rate for the property.

All persons normally resident in a property are counted for Council Tax liability. However, certain classes of person are treated as 'disregarded persons'. Such persons do not count towards occupancy. If a property is occupied entirely by disregarded persons then it is taxed as an empty property (50% discount) unless it otherwise qualifies for total exemption.[20]

A person is disregarded if they are:

• aged 17 or under (but S above may apply).
• aged 18 and someone is entitled to draw child benefit for them.
• a school or college leaver aged under 20 who left after 30 April in any year (disregarded until 1 November in the same year even if employed and counts toward exemption N above).
• a full-time student on a qualifying course of education (but N above may apply).
• a foreign language assistant on the official British Council programme (but N above may apply as this counts as being a student).
• a spouse, partner or dependent of either of the above two classes who is not a British citizen and is prohibited from working or claiming benefit by the immigration rules (but N above may apply).
• a young person on a government training scheme or in certain kinds of apprenticeship.
• a prisoner or someone who has been detained for deportation or detained under the Mental Health Act.
• someone who is severely mentally impaired (but U above may apply).
• a long-term patient in a hospital or resident in a care home.
• living in a hostel which provides care or treatment because of old-age; physical or mental disability; past or present alcohol or drug dependence; past or present mental illness.
• living in a bail or probation hostel.
• a live-in carer (exemption J may apply to their original home).
• staying in a hostel or night shelter.
• a member of any religious community.
• a member of a visiting armed force.
• a dependent of a member of a visiting armed force.

A fixed discount, currently set at 25%, is available when there are fewer than two residents; this is known as the Single Person Discount. Though it is often concluded that the full Council Tax charge must, therefore, be based on two or more adults being resident at a property, this is not strictly true.

Some people are automatically disregarded when counting the number of residents for this purpose, such as full-time students. The legislation also provides that, to count as a resident of a property, an individual should have the property as their sole or main residence; case law has established that no single test may be used to determine whether this condition is met.[21]

As part of the National Fraud Initiative, every other year, the Audit Commission analyses metadata deriving from Council Tax accounts together with the full electoral register to produce lists of people it believes should be subjected to an investigation on the basis that there is a risk that a discount is being received when an adult who does not fail to be disregarded is actually resident in the dwelling.[22]

If a property has been adapted to meet the needs of a disabled occupant, then, after applying in writing, and provided the adaptations are of a certain extent, the property will be rebanded to the band immediately below its normal Council Tax band. If the property was in the lowest Council Tax band, it will be placed into a Band Z (the band below A).

Under the Welfare Reform Act 2012, local councils were given powers to create new deduction rules for their Council Tax. These rules are now officially known as Council Tax Reduction schemes, though many councils market them to residents as Council Tax Support; the choice to market the rules as a tax cut, rather than a benefit, may be an ideological one.

These powers are restricted by the Act; the rules cannot be arbitrary, ad-hoc, or targeted at specific individuals. Since these powers replace the former statutory rebate schemes, the government has also restricted the councils from increasing, by more than a certain amount, the net Council Tax bill for any individual who previously received a rebate. In particular people in receipt of the Guarantee Credit element of Pension Credit must continue to receive a 100% discount (that is, a Council Tax bill of £0).

These powers took effect in April 2013. The consequent reduction rules vary from one local authority to another, with some councils keeping the same rules as the rebate schemes they replace, while others took the opportunity to levy a small level of tax on people with low incomes.[23]

Many individuals share their dwelling with members of separate households, who would ordinarily be expected to pay a share of the Council Tax bill. However, in some cases, it would not be reasonable to expect those other residents to be able to pay a full share; to assist individuals sharing with those residents, a rebate (Second Adult Rebate) was available, as follows:

• 25%, if each of the second adults are in receipt of one of
  • Income-Based Jobseekers Allowance, or
  • Income Support, or
  • Income-Related Employment and Support Allowance, or
  • Pension Credit
• otherwise, it is based on the combined gross weekly income of all the second adults:
  • 15%, if under £175
  • 7.5%, if between £175 and £227.99
  • nothing, if £228 or above

Council Tax Benefit was a means-tested rebate that potentially rebated 100% of a claimant's Council Tax bill. The rebate would be reduced by a fifth of any qualifying income above a certain level; benefits did not qualify for this calculation, but most other income did. In effect, Council Tax Benefit was a rebate for people with low incomes.

The claimant could not be awarded both Council Tax Benefit and Second Adult Rebate; only the higher of the two, in relation to the claimant's circumstances, would be awarded.

A non-dependant is a person that the claimant is sharing accommodation with but is not a member of their own household (that is, not a partner, dependant, etc.), such as lodgers or joint tenants. Since it would be reasonable to expect non-dependants to contribute towards the Council Tax bill, Council Tax Benefit was reduced so that it only covered the claimant's hypothetical portion of the Council Tax bill.

However, no reduction was imposed if the claimant or their partner needed substantial care; this qualification was met if, and only if, the claimant was:

• Registered blind, or
• In receipt of
  • the Care Component (any rate) of Disability Living Allowance, or
  • Severe Disablement Allowance, or
  • Exceptionally Severe Disablement Allowance

No contribution was expected from non-dependants who would themselves qualify for Council Tax benefit, were not counted towards the number of residents liable for Council Tax (for example, due to being a student), were normally resident elsewhere, or were not adults. But the remaining non-dependants were each hypothetically expected to contribute the following amounts:

• £2.30 if in part-time work, otherwise
• £2.30 if weekly income is under £178
• £4.60 if weekly income is between £178 and £305.99
• £5.80 if weekly income is between £306 and £381.99
• £6.95 if weekly income is over £382

Council Tax Benefit was therefore reduced by an amount equal to these hypothetically expected contributions.

A report from the IPPR, funded by Trust for London,[24] called for significant reform of the Council Tax system in London. The report called for Council Tax to be devolved to London, for exemptions for second and empty homes to be brought to an end and for Council Tax to be replaced with a property tax which is proportional to the present-day value of homes.

In Scotland, criticism has been levied not so much at the principle of the tax, but at its debt collection arrangements:[25] Council Tax debts can be pursued up to 40 years later[lower-alpha 5] – few people will have conserved their payment receipts for such a long time and as such are unable to prove that they paid. Under Scots Law, it is the responsibility of the tax payer to prove that the tax has been paid, not for the council to prove that it has not.

John Wilson MSP presented an Enforcement of Local Tax Arrears (Scotland) Bill on 19 March 2010 in order to try to reduce this collection time from 20 to 5 years. Although Wilson's bill has not made any progress (as of August 2023), a Bill was introduced in the Scottish Parliament, the Community Charge Debt (Scotland) Bill, to stop Councils pursuing debts from the older Community Charge.[26] The Bill received royal assent on 25 March 2015, and as detailed in section 1 of the Act, all Community Charge and associated liabilities were extinguished in Scotland as of 1 February 2015.[27]

The ability to collect Council Tax debt, in line with other debts, expires six years after the amount became due unless a liability order has been granted by a magistrates' court. This six-year limit is specifically included in legislation via regulation 34(3) of the Council Tax (Administration and Enforcement) Regulations 1992.[28] Once a liability order has been granted, then, unlike Scotland, there is no limit in legislation as to how long the Council Tax arrears remain outstanding. This allows a local authority to chase debts many years after the original liability order was granted. Councils can garnish wages, send bailiffs to seize property, and imprison people[lower-alpha 6] for three months.[30]

An edition of the current affairs programme Tonight with Trevor McDonald on 26 January 2007[31] investigated whether millions of homes had been placed in the wrong band in the original 1991 valuation. It was shown that the banding valuations were often done by 'second gear valuations'; in other words, valuations were often done by driving past homes and allocating bands via a cursory external valuation. The programme followed case studies of a system devised by the presenter Martin Lewis, published on his website in October 2006, who had received thousands back in back payments after appealing their band allocations. This Council Tax Cashback[32] system was said to have the potential to reach millions and received widespread publicity, likely to encourage people to challenge the system.[33] There had been no information published on how many have been successful in obtaining a reduced banding until 22 November 2008 when the Daily Telegraph, in a news article about the campaign by Martin Lewis, stated that in the past year 97,563 properties in England and Wales had been rebanded, with 69,695 of those down-graded.[34]