Court of Appeal Business Rates ATM ruling
Hot off the press – the Court of Appeal has ruled that ATMs in supermarkets and shops should not be shown separately in the rating list and be subject to separate non-domestic rates charges.
The Valuation Office Agency had decided in 2013 to separately assess ATMs back-dating those entries in the rating list to 2010 allowing Billing Authorities to raise significant levels of non-domestic rates.
Major retailers, including Tesco, Sainsbury’s and the Co-op, launched a legal challenge and the judgement was handed down by the Court of Appeal today. The result will be welcomed by the thousands of retail businesses that currently have ATMs on their premises.
The judgement has important implications for those considering what constitutes a rateable occupation requiring a separate entry in the rating list. There is a lot to digest, but I am sure this will not be the end of the matter with a further appeal to the Supreme Court expected. The decision can be found here; https://www.judiciary.uk/judgments/cardtronics-europe-ltd-and-others-v-chris-sykes-and-others-valuation-officers/
An interesting point of discussion has come out of a case between Ipswich Borough Council and registered charity My Community Space.
This week saw business rates rise again, with the multiplier increasing to 50.4p in the pound – a hit many companies could do without.
It is looking like the Scottish Government is to follow in English footsteps by making business rate revaluations more frequent.