William Eichler 17 February 2017

Gov’s planned block on business rates appeals ‘illegal’

Business leaders believe the Government’s planned block on appeals against incorrect business rates valuations may be ‘illegal’ and have urged Whitehall to rethink its policy.

The Government has proposed a ‘reasonable professional judgement’ provision in draft regulations reforming business rates due to go before Parliament in April.

This would mean that ratepayers would not be allowed to appeal an incorrect business rates valuation if it were inside a ‘reasonable margin’ of error.

According to a letter signed by 13 trade bodies, including the CBI, the British Chamber of Commerce, and the British Property Federation, this policy is ‘illegal’ and would leave firms overpaying on their rates bills.

Previous research into the potential impact of this clause has found a 15% margin of error could hit small and medium enterprises by up to £700m in incorrect rates bills.

The charge of illegality is based on two points.

First, what constitutes ‘reasonable professional judgement’ is not properly defined within the regulations; second, the Local Government Finance Act 1988, according to the letter’s signatories, does not allow Whitehall to forbid appeals on the basis of accuracy.

The joint letter calls on the Government to withdraw the ‘reasonable professional judgement’ clause from the regulations.

‘At a point when hard-pressed businesses are keeping our economy moving, this change is not just morally but legally wrong,’ said Debbie Warwick, head of ratings at Daniel Watney LLP.

‘It’s the equivalent of making it illegal to challenge an incorrect income tax bill.

‘When we’re trying to attract investment into post-Brexit Britain, this sends totally the wrong message about transparency in our tax system.’

SIGN UP
For your free daily news bulletin
Highways jobs

Chief Executive

Ebbsfleet Development Corporation
up to £165,000
Ebbsfleet is one of the UK’s most ambitious regeneration projects, a 21st-century Garden City Ebbsfleet, Kent
Recuriter: Ebbsfleet Development Corporation

Assistant Director Strategy & Community Regeneration

Newcastle City Council
£100,592 - £106,591 per annum
Newcastle is a city fast gaining a reputation for its innovation and progress. Newcastle, Newcastle Upon Tyne
Recuriter: Newcastle City Council

Contract Management and SRM Officer

The Royal Borough of Kensington & Chelsea Council
Negotiable
Strengthen how we manage our contracts, build lasting supplier partnerships and deliver value for our residentsStrengthen how we manage our contracts, England, London, City of London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Play Ranger

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 - £47,229 (pro rata for part time post)
Play Ranger£38,97... Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Temporary Accommodation Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 - £47,229 per annum
As with many other Boroughs in the capital, tackling homelessness is a high priority. The Temporary Accommodation Procurement Officer will be required to source new business to increase the supply of properties based on the demand by building relationship 90 Putney Bridge Road, Twickenham
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth
Linkedin Banner