How do i register for council tax

how do i register for council tax

From: David

Dear Havant Borough Council,

I would like to make a request under the freedom of information

act.

Could you tell me if I have to pay council tax by law or is it

statute legislation?

Is this tax made against MR David. (the person and

corporation) or David of the. family (a freeman of the land)?

From: Customer Service Centre

From: Nigel Smith

By law I am presuming that you mean common law as opposed to law enacted

by statute which is why you are differentiating between the two.

Council Tax is a creature of statute and liability for this arises under

the provisions of the Local Government Finance Act 1992 and subsequent

regulations.

Is this tax made against MR David. (the person and corporation) or

David of the. family (a freeman of the land)?

The tax is payable by whoever is the liable party, which is determined by

reference to the legislation mentioned above.

If it is legislation, I have the choice of whether or not to contract with

you (Havant Council, a corporation) and pay this tax.

You do not have this choice. As previously stated liability for Council

Tax is determined in accordance with the statutory regulations and your

liability for this is not contingent upon either your consent or the

existence

of a contractual relationship with the Council.

If no such contract exists, under common law this would give me the lawful

right as a freeman and not Mr David. (the person and a

corporation) to not pay this tax to you.

I am not sure what you mean by this. However, I note that your questions

seem to have been drawn from advice and templates which can be found on

the internet and would caution you that these can be misleading. There is

no substitute for you obtaining and having regard to proper legal advice.

If you check the web sites they fail to refer to any case where an

argument based on contract, consent and the common law has been successful

in a court of law in respect of Council Tax.

You appear to confuse the law relating to contracts and alleged rights

under common law with the legislation relating to Council Tax. Your

liability for Council Tax arises under the Local Government Finance Act

1992 and the subsequent regulations. It is not contingent upon either your

consent or the existence of a contractual relationship with the Council.

Your assertion that the absence of consent or a contract precludes your

liability to Council Tax is incorrect in law and you have no legal basis

upon which to make such an argument.

Source: www.whatdotheyknow.com

Category: Taxes

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