Local Government Act 2001
F291[Recalculation of post-entry year levy if rateable valuation amended.
211F.— (1) This section applies if—
(a) the levypayer has paid the levy payable in respect of qualifying property under section 211E,
(b) the rateable valuation of the property changes during the post-entry year because of amendment to the valuation list described in section 28 of the Valuation Act 2001, and
(c) the levypayer has not received a refund or credit in respect of the property pursuant to section 211E(8).
(2) As soon as reasonably practicable after amendment of the rateable valuation of the property described in subsection (1), the post-entry year levy for that property shall be recalculated by the rating authority under section 211E(2) or (3), as the case may be, using the same annual rate on valuation but the amended rateable valuation for the property, and the recalculated amount shall be prorated based on the number of days remaining in the post-entry year, beginning with the date that the rateable valuation is amended.
(3) If, as a result of the recalculation under subsection (2), the payment of the levy described in subsection (1)(a) involved an overpayment, then the rating authority shall pay to the levypayer a refund in the amount of that overpayment.
(4) If, as a result of the recalculation under subsection (2), the payment of the levy described in subsection (1)(a) involved an underpayment, then—
(a) the levypayer is liable for the balance owing,
(b) the balance owing may be recovered from the levypayer by the same means provided under section 211E, and
(c) the provisions of section 211E(4) to (7) apply for the purposes of that recovery.
(5) If—
(a) the amended rateable valuation for the property referred to in subsection (2) is consequently the subject of an appeal under Part 7 of the Valuation Act 2001, and
(b) after all appeals under that Part have been exhausted, the final rateable valuation of the property for the post-entry year is different than it was for purposes of the recalculation under subsection (2),
the rating authority shall recalculate the post-entry year levy for that property under section 211E(2) or (3), as the case may be, using the same formula applied in those provisions except where "B" is now the final rateable valuation for the property referred to in paragraph (b) of this subsection.
(6) If, as a result of recalculation under subsection (5), the amount of money paid by the levypayer in respect of the post-entry year levy involved an overpayment or an underpayment, then—
(a) in the case of an overpayment, subsection (3) applies, and
(b) in the case of an underpayment, subsection (4) applies.]
Annotations
Amendments:
F291
Part 19A (ss. 211A-211F) inserted (24.12.2006) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 7, commenced on enactment.