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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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How far back can business rates be charged if you have never

Resolved Question:

How far back can business rates be charged if you have never been rated before. The business has traded for a considerable time. Classified as a stud farmer.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Who is your local authority?
Customer: replied 3 years ago.
Breckland council
Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

There is no fixed time period as to how far the local authority may go to collect business rates arrears.

The local authority is required to bill for business rates "as soon as practicable" under The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989.

In the case of Encon Insulation Ltd. v. Nottingham City Council, the local authority did not bill the ratepayer for a few years then served a backdated rate demand. It was held the local authority had not complied with the above legislation and the ratepayer only had to pay from the beginning of the financial year that the bill was received.

The principle was reiterated in the case of North Somerset Council V Chevrolet:
http://www.bristolpost.co.uk/COUNCIL-MISTAKE-COST-MILLIONS/story-11270617-detail/story.html

Hope this helps

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