Tuesday, 14 August 2012

Law Report - land valuation - statutory construction

Director of Land Valuation v Banks [2012] SC (Bda) 37 App (27 July 2012)

In a dispute about ARV and land tax, it was held that tax was payable from when a building was capable of being beneficially occupied, regardless of whether a planning certificate has been obtained [26]-[27].

Section 5(1) of the Land Valuation & Tax Act, requiring the Director to treat a complex or series of valuation units as a single unit, does not apply to high-end residential properties, but only to properties where the units supporting the main house are used for some commercial or business purpose (including furnished short-term lets but not unfurnished residential lets) [42]-[44].

If a taxpayer is challenging an ARV assessment, then it is clear that the Director should amend the confirmed valuation list if the objection has not been heard before the final confirmation. If the position were ambiguous, such ambiguities should be resolved against the Director [49]-[50].

No comments:

Post a Comment