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25 June 2021 / Nicholas Dobson
Issue: 7938 / Categories: Features , Local government
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Empty properties, unpaid rates & special purpose vehicles

51870
Nicholas Dobson reports on a cunning wheeze to avoid Council Tax ultimately defeated in the Supreme Court by Rossendale & Wigan Councils
  • Special purpose vehicle companies set up for the sole purpose of avoiding liability for empty property business rates were not in law the owners of the properties. The original owners therefore retained business rate liability.

Scene 1. Exterior. Outside pub. Night. Two men, A and B, in close conversation.

A: ’Ere.You know them empty properties of yours?

B: Aye. What of ‘em?

A: I think there might be a legal way to get around paying business rates.

B: How’s that?

A: You set up a company, right, and lease the empty property to it. So it’ll be the company that has to pay business rates. Only it never does! Then eventually you just collapse the company and . . . goodbye business rates! Simples!

B: But will it work?...

Unfortunately, that’s where we must leave this interesting fictitious exchange and allow the real world

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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