Non-Domestic Rates Rates Revaluation 2023

“Assessors’ offices across Scotland are currently preparing for the non-domestic revaluation which comes into effect on 1 April 2023.

A key part of a revaluation is the ingathering and analysis of information in order that rateable values are set as accurately as possible.

Accordingly, Assessors are issuing information requests, known as Assessors Information Notices (AINs), across the country. It is imperative that AINs are responded to, regardless of whether the property is receiving rates relief or not.

Where recipients have difficulty in responding, they should contact their local Assessor’s office without delay, particularly given that non responders are subject to a civil penalty, the amount of which can rise to very significant levels.”

Gary Bennet, President, Scottish Assessors Association

Do not worry if you have not received a form as yet – Assessors are not sending them to every subject. If one arrives, it is important that you return it with the most accurate data you can provide. If you don’t receive on, don’t worry.

The Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2021 (legislation.gov.uk)

These regulations relate to the requirement that, to be classed as self-catering holiday accommodation, premises must be let for a period of at least 70 days in the financial year (in addition to the existing requirement that the premises be available for letting for 140 days or more).

Find out more, including Frequently Asked Questions.

More information can be found at www.saa.gov.uk.

 

Non-Domestic Rates SSIs coming into force 1 April 2022

A number of Scottish Statutory Instruments that have been laid in Parliament recently will come into force on 1 April 2022.

The Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2021 (legislation.gov.uk)

These regulations relate to the requirement that, to be classed as self-catering holiday accommodation, premises must be let for a period of at least 70 days in the financial year (in addition to the existing requirement that the premises be available for letting for 140 days or more).

The Non-Domestic Rates (Coronavirus Reliefs) (Scotland) Regulations 2022 (legislation.gov.uk)

These regulations provide 50% NDR relief between 1 April and 30 June 2022, capped at a maximum of £27,500 per ratepayer, for properties with specified uses in the retail, hospitality and leisure (RHL) sectors.

Self-Catering 70 days Actual Letting Requirement – The Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2021

In December 2017 the Scottish Government accepted a recommendation of the independent Barclay Review of Non-Domestic Rates, that ‘to counter a known avoidance tactic for second homes, owners or occupiers of self-catering properties must prove an intention to let for 140 days in the year and evidence of actual letting for 70 days.’

The Review had identified that some property owners, to avoid payment of council tax on second homes, claim that the property has moved from domestic use (liable for council tax) to non-domestic use as a self-catering property (liable for non-domestic rates). Although the gross liability is generally higher for non-domestic rates than it is for council tax, the majority of self-catering premises registered as non-domestic receive 100% Small Business Bonus Scheme relief.

Recognising the impact of COVID-19, the Scottish Government chose last year to delay the implementation of the requirement that self-catering properties be let for 70 days.

On 22 December the Scottish Government laid legislation – The Council Tax (Dwellings and Part Residential Subjects) (Scotland) Amendment Regulations 2021 – for 2022-23 to deliver the requirement of 70 days of actual letting for self-catering premises. The regulations can be found at the following link, http://www.legislation.gov.uk/id/ssi/2021/489.

The instrument creates a requirement that, to be classed as self-catering holiday accommodation, premises must actually be let for a period of at least 70 days in the financial year. The existing requirement, of an intention by a relevant person to make the premises available for letting for 140 days or more, will also need to be met. However, the 70 days of actual letting will be counted towards the 140 day period.