OpenLegislation

Paragraph 4 Rules for determining chargeable amount for new hereditament: splits after 1st April 2017I1

England and Wales

(1)

Subject to paragraph 6 (changes in the value of new hereditament: year of creation), where—

(a)

this Schedule applies,

(b)

the creation day falls on a day after 1st April 2017,

(c)

the new hereditament comprises or incorporates all or part of a single old hereditament, and

(d)

the chargeable amount for the chargeable day for the new hereditament is not zero under F1section 43(4I) of the Act (public lavatories: zero-rating) or section 45A of the Act (unoccupied hereditaments: zero rating),

the chargeable amount for a chargeable day which is a relevant day in the relevant year in which the creation day falls must be calculated under the following provisions of this paragraph instead of under section 43, 45 F2, 54 or 54ZA of the Act.

(2)

Subject to sub-paragraphs (3), (5), (7) F3, (8A), (9), (10A) and (10C), the chargeable amount for the chargeable day is calculated by applying the formula—

(R×J)S.
(3)

Where sub-paragraph (4) applies, the chargeable amount for the chargeable day is found by dividing the amount calculated in accordance with sub-paragraph (2) by 5.

(4)

This sub-paragraph applies where, on the chargeable day, section 43(6) of the Act (charities and registered community amateur sports clubs) applies in relation to the hereditament.

(5)

Where sub-paragraph (6) applies, the chargeable amount for a chargeable day is found by—

(a)

subtracting U (as defined in regulation 12) from the amount calculated in accordance with sub-paragraph (2); and

(b)

dividing the result of the calculation performed under paragraph (a) by E.

(6)

This sub-paragraph applies where, on the chargeable day, section 43(4B) of the Act (small business rate relief) applies in relation to the hereditament.

(7)

Where sub-paragraph (8) applies, the chargeable amount for a chargeable day is found by dividing the amount calculated in accordance with sub-paragraph (2) by 2.

(8)

This sub-paragraph applies where, on the chargeable day, section 43(6B) of the Act (general stores etc in rural settlements) applies in relation to the hereditament.

F4(8A)

Where sub-paragraph (8B) applies, the chargeable amount for a chargeable day is found by multiplying the amount calculated in accordance with sub-paragraph (2) by F.

(8B)

This sub-paragraph applies where, on the chargeable day, section 43(4F) of the Act (relief for telecommunications infrastructure) applies in relation to the hereditament.

(9)

Where sub-paragraph (10) applies, the chargeable amount for a chargeable day is found by dividing the amount calculated in accordance with paragraph (2) by the number prescribed in an order by the Secretary of State under section 45(4A) of the Act (reduction in chargeable amount for unoccupied hereditaments).

(10)

This sub-paragraph applies where, on the chargeable day—

(a)

the conditions in section 45(1) of the Act (unoccupied hereditaments: liability) are fulfilled as respects the hereditament; and

(b)

an order by the Secretary of State under section 45(4A) has effect in relation to the hereditament.

F5(10A)

Where sub-paragraph (10B) applies, the chargeable amount for a chargeable day is found by multiplying the amount calculated in accordance with sub-paragraph (2) by T.

(10B)

This sub-paragraph applies where, on the chargeable day, section 45(4D) of the Act (relief for telecommunications infrastructure) applies in relation to the hereditament.

(10C)

Where sub-paragraph (10D) applies, the chargeable amount for a chargeable day is found by multiplying the amount calculated in accordance with sub-paragraph (2) by T.

(10D)

This sub-paragraph applies where, on the chargeable day, section 54ZA(1) of the Act (relief for telecommunications infrastructure) applies in relation to a description of hereditament.

(11)

For the purposes of this paragraph—

  • E is the amount prescribed under section 44(9)(a) of the Act (occupied hereditaments: supplementary) for the relevant year in which the relevant day falls;

  • F6F is the amount prescribed, or calculated in accordance with provision prescribed, by the Secretary of State under section 44(10) of the Act for the relevant day;

  • R is the amount which would have been the chargeable amount for the old hereditament for the creation day if—

    1. (a)

      the old hereditament continued to exist and was shown in a list for that day;

    2. (b)

      the rateable value for that day were the same as for the previous day;

    3. (c)

      F7sections 43(4B)(a) (small business rate relief), 43(4F) (relief for telecommunications infrastructure), 43(6) (charities or registered community amateur sports clubs), 43(6B) (general stores etc in rural settlements), 47 (discretionary relief), 49(1) (reduction or remission of liability) and 54ZA(1) (relief for telecommunications infrastructure) of the Act did not apply to it for the creation day;

  • J is the rateable value shown in a list for the new hereditament for the creation day; F8...

  • S is the rateable value shown in a list for the old hereditament for the day immediately before the creation day F9; and

  • T is—

    1. (a)

      in relation to sub-paragraph (10A), the amount prescribed, or calculated in accordance with provision prescribed, by the Secretary of State under section 45(4D) of the Act for the relevant day;

    2. (b)

      in relation to sub-paragraph (10C), the amount prescribed, or calculated in accordance with provision prescribed, by the Secretary of State under section 54ZA(3) of the Act for the relevant day.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 4(1)(d) inserted (with effect in accordance with s. 4(2)(3) of the amending Act) by Non-Domestic Rating (Public Lavatories) Act 2021 (c. 13), ss. 2(6), 4 (with s. 2(7))

F2

Words in Sch. 2 para. 4(1) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Non-Domestic Rating (Telecommunications Infrastructure Relief) (England) Regulations 2018 (S.I. 2018/425), regs. 1(1), 12(4)(a)

F3

Words in Sch. 2 para. 4(2) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Non-Domestic Rating (Telecommunications Infrastructure Relief) (England) Regulations 2018 (S.I. 2018/425), regs. 1(1), 12(4)(b)

F4

Sch. 2 para. 4(8A)(8B) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Non-Domestic Rating (Telecommunications Infrastructure Relief) (England) Regulations 2018 (S.I. 2018/425), regs. 1(1), 12(4)(c)

F5

Sch. 2 para. 4(10A)-(10D) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Non-Domestic Rating (Telecommunications Infrastructure Relief) (England) Regulations 2018 (S.I. 2018/425), regs. 1(1), 12(4)(d)

F6

Words in Sch. 2 para. 4(11) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Non-Domestic Rating (Telecommunications Infrastructure Relief) (England) Regulations 2018 (S.I. 2018/425), regs. 1(1), 12(4)(e)(i)

F7

Words in Sch. 2 para. 4(11) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Non-Domestic Rating (Telecommunications Infrastructure Relief) (England) Regulations 2018 (S.I. 2018/425), regs. 1(1), 12(4)(e)(ii)

F8

Word in Sch. 2 para. 4(11) omitted (with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The Non-Domestic Rating (Telecommunications Infrastructure Relief) (England) Regulations 2018 (S.I. 2018/425), regs. 1(1), 12(4)(e)(iii)

F9

Words in Sch. 2 para. 4(11) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The Non-Domestic Rating (Telecommunications Infrastructure Relief) (England) Regulations 2018 (S.I. 2018/425), regs. 1(1), 12(4)(e)(iv)

Commencement

I1

Sch. 2 para. 4 in force at 22.12.2016, see reg. 2(2)