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

Fleet Officer

North Yorkshire Council
£28,163 - £30,559
We operate a fleet of about 1200 vehicles across North Yorkshire. Northallerton, North Yorkshire
Recuriter: North Yorkshire Council

Resident Services Officer

The Royal Borough of Kensington & Chelsea Council
Negotiable
Be the face of frontline support, connecting communities with quality housing services.As a Resident Services Officer you will provide front-line supp England, London, City of London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Social Work Apprentice

Middlesbrough Council
£26,403 - £35,412 (Depending on experience)
Are you passionate about making a real difference in people’s lives? Middlesbrough, North Yorkshire
Recuriter: Middlesbrough Council

Senior Contracts / Procurement Lawyer

Middlesbrough Council
£51,356 - £53,460
We have an exciting role on offer within our Legal service as a Senior Contracts / Procurement Lawyer. Middlesbrough, North Yorkshire
Recuriter: Middlesbrough Council

Lawyer (Commercial Contracts and Procurement)

Middlesbrough Council
£41,771 - £50,269
We have an exciting role on offer within our Legal service as a Lawyer (Commercial Contracts and Procurement). Middlesbrough, North Yorkshire
Recuriter: Middlesbrough Council
Linkedin Banner