Thai Visitor Visa and UK Council Tax

[steveweaver99]

Hi

Does anyone know the stance legally on whether someone visiting on a visitor visa is required to pay council tax.

The situation is my partner is visiting me on a 6 month visitor visa and because of this my discount for single occupancy has been withdrawn. I was under the impression that because she is not resident in the UK or even the EU that I would still be able to claim single occupancy.

Thanks in advance.

[bobrussell]

This has come up before. I checked with New Forest District Council a few years ago because my wife was (at that time) a regular visitor. Their response was that a visitor was just that and was not considered for council tax purposes.

Others have not had the same advice!

It depends on how the council interprets 'not normally resident at the property'. Common sense would suggest that someone that normally resides outside the UK for most of the year is not going to be counted! Getting a straight answer even using google seems impossible.

Talk to your council making it clear that you have a visitor coming to stay for X months from outside the UK and go with their answer!

Edited June 5, 2014 by bobrussell

[theoldgit]

I would be inclined to point out to your council that a visit visa is only issued to holidaymakers and just because it, like all visit visas is for six months, that doesn't mean the person is going to stay for six months. You might want to seek advice from your local Citizens Advice Bureau.

Discounts

If only one adult lives in a property, they will get a 25 per cent discount on the council tax bill. When working out how many people live in a property, some people are not counted. These are called disregarded people.

You are disregarded if you are:

• aged 17 or under
• a prisoner or someone in detention awaiting deportation or under mental health legislation
• 'severely mentally impaired'
• full-time students on a qualifying course of education (including correspondence or on-line courses); student nurses; Foreign Language Assistants on the official British Council programme. If the property is occupied only by students then it is exempt from council tax altogether
• a spouse, civil partner or a dependant of a student who is a non- British Citizen and who, under immigration rules, is not allowed either to work in the UK or claim benefit.

[steveweaver99]

Hi yes I agree totally.

I have sent the council an email to that affect, so we will see what they say and have asked for a legal reference stating why a person visiting on a tourist visitor is subject to council tax.

As you said common sense says that I should still keep my single occupancy discount.

Has anyone else had this issue?

Thanks

[jimn]

The question that must be asked is "who informed the council that you had someone staying" if it was you, why would you do that?

[Jay Sata]

The answer is no.

Thankfully we do not have a house book or have to report visitors to the police or council.

It is the property not the occupants that are taxed.

Your visitor is just that and not a co resident.

Heaven help us if we get to the stage where we have to clock in and out with family and visitors.

Edited June 5, 2014 by Jay Sata

[steveweaver99]

Thanks a lot guys and useful extract @theoldgit.

@JimN, I did not notify them initially, someone had obviously notified them, there are some strange people about. It was only during a conversation I then told them yes, but was very surprised when they told me they can withdraw my single occupancy.

By the way even if it was so the council still made a mess of the calculation, so someone there needs to go back to school.

Thanks again, I will send an update once I receive a response from them

[elvisp1977]

I informed Rochdale Council revenue and benefits department that my gf was visiting for 6 months...i was advised that i did not have to lose my single occupancy discount because she was a visitor...

However i had lodgers staying for less than 6 months before she arrived and i had to pay £30 a month for them...lol

Cheers...

[Jay Sata]

Better you get a girlfriend and pay no taxes then.

You could have told the council you were bi sexual and were having friends to stay instead of lodgers?

[theoldgit]

The answer is no.

Thankfully we do not have a house book or have to report visitors to the police or council.

It is the property not the occupants that are taxed.

Your visitor is just that and not a co resident.

Heaven help us if we get to the stage where we have to clock in and out with family and visitors.

Sorry as a general statement that's not quite correct, under The Immigration Regulation Act 1972, a number of nationalities are required to register with the police within seven days, and whilst Thailand isn't on the required list, Hong Kong and China are.

And whilst it is the property that is taxed it does depend on the number of occupants, IE if there is only one resident a discount of 25% is given.