<\/span><\/h3>\nRevenue issue local property tax returns, LPT 1.\u00a0 However, this is without prejudice to the fact that it is a self-assessment tax. A person is obliged to make a return, notwithstanding that he has not received an LPT return.<\/p>\n
A liable person must complete the return.\u00a0 It must be filed by the relevant deadline.<\/p>\n
Liable persons are relieved \u00a0of the obligation to deliver a return every year where they have delivered a return in respect of the first liability date in a valuation period, which return includes a self-assessment and where LPT is being paid in accordance with the selected payment method. The same LPT liability is to be payable each year in a valuation period and for the same payment method to be used.<\/p>\n
Persons who own several properties must return and file online.<\/p>\n
The obligation to file a return in the first year of tax was 7th May 2013.\u00a0 This covered all years to the end of 2016, provided payments were made.\u00a0 In subsequent years, a return is required by 7th November in each year commencing 2016 in respect of the following calendar year 2017.<\/p>\n
The 2021 Act provides\u00a0 for \u00a0collection of certain information about the occupation of properties on a valuation date: the use of a property as a person\u2019s principal residence, whether the property is occupied and if the property is not occupied, the period during which it has not been occupied and the reason for this. The information to be collected is restricted to its use in the compilation of statistical information.<\/em><\/p>\nExemptions or other relevant factors must be completed and claimed.Liable persons who are eligible for one of the exemptions specified must claim the particular exemption on a return. \u00a0Revenue may make a determination that an exemption does not apply. Revenue must notify the liable person of its determination and the liable person then has a right of appeal against the determination to the Appeal Commissioners.<\/p>\n
<\/span>Obligations of New Owners<\/span><\/h3>\nThe details of the local property tax must be passed on, \u00a0the buyer of the residential property.\u00a0 It is necessary to give the property ID furnished with the initial local property tax assessments or provided thereafter to the buyer for the purpose of completion of a stamp duty return.<\/p>\n
A purchaser must decide whether the seller could reasonably have arrived at the previous valuation.\u00a0 This may arise where there has been a significant increase in the price paid by the purchaser relative to the valued amount.\u00a0 Where the buyer determines that it was undervalued, he must submit a return at the next date, providing for the revised charge, at the revised rate.<\/p>\n
The buyer is obliged to determine whether the seller could reasonably have arrived at the value at \u00a0the valuation date.\u00a0 Revenue have given guidance in relation to the position.\u00a0 Where the new person forms the view that the chargeable value previously declared was wrong, he must submit a revised valuation on the following date.\u00a0 In other cases, he may rely on the vendor’s valuation until the next date without making a revised return.<\/p>\n
A seller might make a self-corrective return prior to a sale.\u00a0 The seller is obliged to advise the purchaser of the corrected valuation \u00a0if this is done.\u00a0 The purchaser will have to determine whether the corrected valuation is reasonable.<\/p>\n
The 2021 Act requires a person who purchases a property from a local authority to deliver a return following the change of ownership.<\/p>\n
<\/span>Payments Methods<\/span><\/h3>\nThe first payment method chosen in 2013 applies for subsequent years until elected otherwise.<\/p>\n
Revenue will notify the employer where the employment option is chosen.\u00a0 This is the default provision in the absence of payment by \u00a0another method.\u00a0 Revenue specify to the employer, the deduction required.<\/p>\n
Payments are made on a phased basis.\u00a0 The employer tax credits certificate is amended to reflect LPT liability.\u00a0 Deductions are spread out over the rest of the year from the time of notification and deducted over each payment period.<\/p>\n
The P45 and P65 (see now PAYE modernisation) should show LPT deduction.\u00a0 A person may elect to have payments deducted from social welfare payments.\u00a0 However, they must not reduce the person’s income below a specified floor.\u00a0 The option must be taken up in the return.\u00a0 It is referable to an individual payment and cannot be taken from several payments.<\/p>\n
The LPT may be deducted from a wide range of farm payments.\u00a0 This includes single farm payment as well as a range of other schemes and aids.\u00a0 See generally the sections on agriculture in relation to the types of aids and payments.\u00a0 The LPT is deductible, in principle from most such.<\/p>\n
<\/span>Employment Deduction<\/span><\/h3>\nThe employer \u00a0may deduct LPT from employment income.\u00a0 It is deducted in conjunction with the other payroll taxes.\u00a0 It must be deducted from taxable employment or income.<\/p>\n
If there is insufficient salary available for deduction, in the earlier parts of the period, the deductions must be adjusted in the remaining period to ensure LPT is collected.\u00a0 \u00a0This may happen, for example, if a person is absent from work for a period.\u00a0 If based on expected income for the remainder of the year, there will be insufficient income, the employer is to notify the Revenue Commissioners.<\/p>\n
The LPT deduction is deemed to be authorised.\u00a0 It is deemed to be a payment to the employee.<\/p>\n
Where LPT has been overpaid due to a mistake or error, it may be reclaimed.\u00a0 This must be done within four years of the end of the relevant year.\u00a0 A complete return must be made.\u00a0 Any information required by the Revenue must be furnished.<\/p>\n
<\/span>Deferral<\/span><\/h3>\nPayment of local property tax may be deferred.\u00a0 There is no exemption based on income.\u00a0 LPT deferred is subject to interest at a 4% interest rate.<\/p>\n
Where LPT is deferred, it remains a charge on the property.\u00a0 It may become payable on a sale or transfer by a gift or inheritance.<\/p>\n
Deferral \u00a0of LPT is available on the number of bases.\u00a0 There is an<\/p>\n
\n- income basis<\/li>\n
- insolvency basis,<\/li>\n
- on the basis on hardship, which must be made out to the Revenue.<\/li>\n<\/ul>\n
The income basis is referable to the gross income in the relevant year.\u00a0 Gross income is assessed.\u00a0 There are deductions for mortgage interest up to 80% of gross interest.\u00a0 This must be pre-estimated with the income for the forthcoming year.\u00a0 Deferral is only available where the property is the principal or main residence of the person concerned.<\/p>\n
An application may be made for a deferral.\u00a0Full deferral may be available where income is less than \u20ac15,000 per annum for a single person, \u20ac25,000 for a couple under the pre-2021 Act.\u00a0 The above sums may be reduced by 80% of projected mortgage interest payments.<\/p>\n
With income between \u20ac25,000, single person and \u20ac35,000 for a couple, a 50% deferral may be available.\u00a0 The same principle above applies in respect of deduction of mortgage interest.<\/p>\n
<\/span>Deferral Post 2021 Act<\/span><\/h3>\nThe 2021 Act reduces the deferral interest rate from the current daily rate of 0.011 percent (annual rate of 4 percent) to 0.008 percent (annual rate of 3 percent) in respect of LPT liabilities deferred for the year 2022 and subsequent years.<\/p>\n
The annual income thresholds below which a liable person is eligible for a deferral are.<\/p>\n
\n- for a single person \u20ac18,000.<\/li>\n
- for a married or co-habiting couple \u20ac30,000.<\/li>\n<\/ul>\n
The marginal relief thresholds for owner-occupiers whose income is not more than \u20ac10,000 above the standard thresholds\u00a0 allows deferrals of up to 50 percent of the LPT liability from \u20ac25,000 to \u20ac30,000 for a single person and from \u20ac35,000 to \u20ac42,000 for a married or co-habiting couple.<\/p>\n
There is an adjusted income threshold for owner-occupiers who have an outstanding mortgage, where a person\u2019s annual income less 80 percent of mortgage interest paid is less than the standard thresholds (currently \u20ac15,000 and \u20ac25,000).<\/p>\n
Marginal relief of 50 percent also applies where a person\u2019s adjusted income is not more than \u20ac10,000 above the adjusted standard income thresholds (currently \u20ac25,000 and \u20ac35,000). The 2021 Act phases out this deferral option so that it will only be available after 31 December 2020 for owner-occupiers who are already eligible for it.<\/p>\n
<\/span>Death & Hardship Deferrals<\/span><\/h3>\nThe personal representatives are liable for LPT.\u00a0 They may defer the same for up to three years from the date of death.\u00a0 It applies only until the time of vesting in a beneficiary or sale.\u00a0 The deferral must be specifically claimed.\u00a0The deferral may also cover LPT owing at date of death.<\/p>\n
A person who enters insolvency or a debt arrangement may apply to defer for the period of the insolvency arrangement.\u00a0 This applies to investors and occupiers.<\/p>\n
A person may apply based on hardship arising from unexpected and unavoidable losses and expenses, the effect of which would be to cause excessive hardship.\u00a0 A claim must be made and full disclosure is required.<\/p>\n
The Revenue will determine whether deferral is permitted.<\/p>\n
The losses and expenses must be based on emergency scenarios,<\/p>\n
\n- medical expenses,<\/li>\n
- serious accident,<\/li>\n
- \u00a0significant repairs, in order to make habitable,<\/li>\n
- \u00a0unemployment,<\/li>\n
- \u00a0trading losses in the case of self-employed persons.<\/li>\n<\/ul>\n
The Revenue will take account of the person’s full personal circumstances.\u00a0 Notice of the decision is given and may be appealed to the Appeal Commissioners within 14 days.<\/p>\n
Where LPT \u00a0is deferred, it is payable on sale, gift or on earlier receipts.\u00a0 The deferral may be rolled over in the event of a gift if the transferee can show qualification independently.<\/p>\n
Where a person ceases to be meet the relevant thresholds, for example, income thresholds, the exemption ceases from that date forward. A person who has obtained a deferral may make payments on account in reduction of the deferred sum.<\/p>\n
<\/span>Payment Issues<\/span><\/h3>\nThe LPT interest rate is linked directly to the interest rate provided for in Taxes Consolidation Act 1997 so that any future changes to this rate will automatically apply to LPT without the need for a separate legislative amendment for LPT.<\/p>\n
There are provision for \u00a0appeals against Revenue assessments. A person who is non-compliant in relation to the LPT requirements to deliver a return and pay LPT is liable to a surcharge of 10 percent of the amount of tax contained in an income tax or corporation tax assessment where the person is also chargeable to those taxes.<\/p>\n
Finance Act 2020 provides for \u2018debt warehousing\u2019 for income tax and universal social charge liabilities deducted by employers from their employees\u2019 salaries. The amendment includes LPT deducted from salaries in these \u2018debt warehousing\u2019 provisions.<\/p>\n
A liable person must be in compliance with his or her LPT obligations to obtain a tax clearance certificate. However, as the tax clearance provisions for certain public appointees are instead contained in the Standards in Public Office Act 2001, this Act was amended in 2021 to include the requirement for LPT compliance.<\/p>\n
A person will be regarded as being compliant with the requirements of tax clearance certs if the only amount of LPT which has not been paid is an amount that has been deferred.<\/p>\n\n
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Liable Person A liable person in relation to a residential property at the relevant date must pay the local property tax.\u00a0 It is based on the chargeable value on the valuation date.A relevant residential property is any building or structure which is used or suitable for use as a dwelling.\u00a0 It includes outhouses, garages and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[111],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22342"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22342"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22342\/revisions"}],"predecessor-version":[{"id":30774,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22342\/revisions\/30774"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22342"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22342"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22342"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}