Finance (Local Property Tax) (Amendment) Act 2013

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Valuation and rate.

5.— The Principal Act is amended—

(a) in section 14(1) by inserting “Subject to section 35(5A) (inserted by the Finance (Local Property Tax) (Amendment) Act 2013), where” for “Where”,

(b) in section 14 by inserting the following after subsection (1):

“(1A) (a) Where subsection (1) applies, the person who was the liable person before the change referred to in that subsection shall provide the person who is the liable person following that change with any relevant information or documentation in the knowledge or possession of that person in relation to the first valuation date (as referred to in that subsection) and the relevant residential property before that change occurs.

(b) The information or documentation that is relevant in relation to the matters referred to in paragraph (a) shall include the following information or documentation—

(i) the chargeable value at that valuation date included in a return,

(ii) a return, or

(iii) where no return was prepared and delivered to the Revenue Commissioners, any Revenue estimate made under section 47.”,

(c) in section 16(1) by substituting “Subject to and in accordance with the provisions of this Act,” for “Subject to the provisions of this Act, for each year”,

(d) in section 17(2) by inserting “(rounded down to the nearest euro)” after “chargeable value”,

(e) in section 17 by inserting the following after subsection (4):

“(5) The amounts specified in the Table to this section are amounts in euro.”,

(f) in row 10 of the Table to section 17 by substituting “450,001” for “451,001”,

(g) by substituting the following for paragraph (a) of section 19:

“(a) each of the following—

(i) the rate of local property tax represented by ‘C’ in the formula in section 17(1) (including the foregoing rate as it applies in the case specified in section 17(3)(b)(i)), and

(ii) the rate of local property tax represented by ‘C’ in the formula in section 17(1) that section 17(3)(b)(ii) provides shall apply in the case specified in that provision,

is referred to as the ‘basic rate’, and”,

(h) in section 20(2) by inserting “, for a period specified in the resolution and with effect from the date specified in section 21(2) (inserted by the Finance (Local Property Tax) (Amendment) Act 2013),” after “basic rate should”,

(i) in section 20 by inserting the following after subsection (2):

“(2A) In making a decision as to whether to pass such a resolution as is referred to in subsection (2) or as to the percentage that should be specified in it, a local authority shall, in addition to the matters (if any) specified under subsection (6)(a) have regard to—

(a) the local authority’s estimation of the income it will receive and the expenditure it will incur in the period for which the varied rate is to have effect,

(b) the financial position of the local authority, including the amounts standing as its accumulated assets and liabilities not less than one month before the date on which it is proposed to pass the resolution, and

(c) the local authority’s estimation of the financial effect of the varied rate on the economy of its functional area, including on those persons who will be liable to pay local property tax.”,

(j) in section 20(3) by inserting “, for the period specified in the resolution and with effect from the date specified in section 21(2) (inserted by the Finance (Local Property Tax) (Amendment) Act 2013),” after “shall be”,

(k) by substituting the following for section 21:

“21.— (1) Where a local authority passes the resolution referred to in section 20(2), it shall notify the Revenue Commissioners of the percentage by which the basic rate is to be varied, and—

(a) the notification shall be sent to the Revenue Commissioners in the form and manner specified by them, and

(b) the notification referred to in paragraph (a) shall be sent to the Revenue Commissioners on or before 30 September in the year in which the resolution is passed.

(2) Where a local authority complies with subsection (1), the varied rate shall take effect from the liability date in the year in which the notification is sent to the Revenue Commissioners.”,

and

(l) in section 146 by inserting the following after subsection (2):

“(2A) A liable person who fails to comply with section 14(1A) (inserted by the Finance (Local Property Tax) (Amendment) Act 2013) shall be liable to a penalty of €500.”.