London Office Guide

Rates

Updated business rates or tax liability for office occupiers.

Transition
Transitional capping relief is intended to ensure that no ratepayer’s liability following a revaluation differs by more than given percentage limits, compared with liability before the revaluation. The current 2010 List arrangements are complex and there are different capping levels depending on whether the property is ‘large’ or ‘small’, whether the phasing is going upwards or downwards.

The transitional arrangements for the current Rating List allow for increases of 20% this year, 20% in 2012/13 and 25% in the two subsequent years, in each case plus inflation. Most of central London will come out of transition by 2013/14 if not before. However, pockets of Kensington for example will remain in transition for the whole cycle.

These increases ignore the new Crossrail Levy which apply to all properties with a rateable value in excess of £55,000 and is applied at 2p in the pound for the foreseeable future.

Small Business Relief
Only businesses that qualify for Small Business Rates Relief (SBRR) have the small UBR used in their liability calculations. All other properties are assessed using the large UBR. A business can apply for SBRR if the aggregate of the Rateable Values (RVs) of its properties is below £18,000 (£25,500 in London) and only one property is assessed at RV £2,600 or above. The City of London Corporation imposes a 0.4p UBR surcharge.

Why appeal?
The regulations that accompanied the 2005 revaluation and are still in place mean that there are no longer restrictions on backdating agreements to the beginning of a rating year.

Apart from appeals on the question of the valuation basis of a property, rate liability can be reduced following successful appeals where, for example an occupier suffers disturbance either within or adjacent to his building from demolitions, roadworks, etc and if part of a property is vacated, even for a short time, savings in liability may be possible provided the correct advice is obtained at the appropriate time.

In summary, appeals should be made to ensure the minimum level of liability. As with any tax, you should consult a professional advisor, in this case a qualified surveyor, to ensure you are paying the correct amount and to agree whether an appeal is appropriate in any case.

If you require any further information concerning the revaluation you may wish to check out the Valuation Office web-site www.voa.gov.uk. Alternatively, contact me at shile@geraldeve.com.

Looking ahead
Many office occupiers in Central London have experienced significant increases since April 2010 when the current Revaluation came into effect, based on April 2008 rental values. The challenge will be to show that the rental evidence the Valuation Office has used does not reflect the net level of deals around the valuation date.
Rates liability is often one of the biggest costs of running a business. Not all ratepayers may be aware, however, that they have a legal right to appeal against their rating assessment and if an appeal is successful, rates savings will often follow.

When rates are paid
Business rates are taxes levied on commercial properties by billing authorities on behalf of central government, which redistributes the total fund back to authorities throughout the country according to need.

Rates demands are issued by billing authorities to ratepayers at the beginning of each rating year on 1 April. Ratepayers have the opportunity of paying their liability in ten consecutive monthly instalments; usually a more popular method than a single annual payment.

Empty Rates
Where offices are unoccupied, a liability to empty rates falls on the person who has the right to possession, i.e. normally the owner for newly constructed buildings, or the tenant once the premises have been let.

Offices unoccupied for a period not exceeding three months have full exemption from rates. Following that period, empty rates are now due at 100% of the occupied charge while the property remains vacant. Billing authorities have discretionary powers to reduce liability where a property is partially vacant for a short time and there are also various exemptions to empty rates, perhaps the most important being that empty rates are not payable on buildings that have listed building status. Charities automatically receive 80% relief and this can be topped up to 100% at the discretion of the Billing Authority.

Buildings with a rateable value less than £2,600 are exempt from empty rates.

There are, however, ways of mitigating your liability but this is where you should seek professional advice from a qualified surveyor as this is an increasingly complex area of rating practise.

The liability
Apart from any reliefs that may be appropriate, rates liability is calculated by multiplying the rateable value of the property by the uniform business rate (UBR) for the appropriate year and applying the resulting product to the period for which the ratepayer is liable. The principal exception to this simple calculation is the effect of the transitional capping arrangements, noted below.

The rateable value for a property is the value assessed by the Valuation Officer (an agency of the Inland Revenue) whose duty is to compile rating lists for each area and to ensure that these lists are kept up to date. Subject to certain assumptions, the rateable value is intended to represent rental value as at a given date, known as the antecedent valuation date (AVD). To ensure that this tax base remains reasonably current, national revaluations are carried out at five year periods. The AVD is a date two years before the beginning of a rating list so the current 2010 rateable values are based on valuations as at 1 April 2008.

The other part of the liability equation is the UBR and this is a nationally set rate that increases with inflation each year except at a time of Revaluation. The UBR in England for 2011/12 is 43.3p (43.7p in the City of London).