PRACTICE NOTES
Identifying the ratepayer and the hereditament: liability for non-domestic rates, rateable occupation and the staircase tax (England and Wales)
This Practice Note explains liability for business rates, the three categories of taxpayer recognised by the Local Government Finance Act 1988 (LGFA 1988) (occupiers, owners and persons named in central rating lists), and outlines the meaning of ‘hereditament’, rateable occupation and matters concerning tenant fit-out works...
LGFA 1988 sets out three kinds of ratepayer:
occupiers
owners
persons named in central rating lists
Occupiers
An occupier is anyone who, on any day in a chargeable financial year (a 12-month period beginning on 1 April), occupies all or part of a hereditament that appears for that day in the current local non-domestic rating list...
Owners
An owner is the person with the right to possess the hereditament. They are liable to be rated where:
the hereditament is empty
they are entitled to the whole hereditament shown for the day in the current local non-domestic rating list
the hereditament falls within a class prescribed by the Secretary of State or, in Wales, the national authority, by regulations
If the premises are let, the tenant will ordinarily hold the right to possession. Plainly, any lease must be a genuine arrangement-a sham for the...
Local Government