Liability, legislation and general information about Council Tax
Since 1993 Local Authorities such as Gloucester City Council (the Council) have been under a duty to levy and collect Council Tax for dwellings which are located within the council’s administrative area.
A 'dwelling' is essentially a property which is used as private accommodation.
People over the age of 18 who either own, rent or otherwise occupy dwellings are usually liable to pay Council Tax, but with some exceptions.
Council Tax is not an individual contract for services between the person subject to Council Tax and the council. It is a tax that pays for services to the council’s area as whole. It is levied, collected and placed into a central fund. The individuals that live in the council area then benefit from these services.
You can find out more about Council Tax on our web pages and on the Government website Gov.uk.
Your liability to pay
You do not have a choice of whether you are liable for Council Tax, as liability is determined by statutory law. If you are the liable person you are required to pay Council Tax.
We understand that the Freedom on the Land movement and similar groups commonly believe that people are only bound by the contracts and laws they have consented to. However, contract law and alleged rights under common law are not the same as legislation relating to the administration and collection of council tax.
If you have concerns over the charging of Council Tax, please seek proper legal advice before withholding payments rather than relying on internet sources, hearsay or forum statements which may be incorrect or misleading.
Our responsibility to charge and recover Council Tax
The provision of local government and its functions are contained within the Local Government Act 1972 (as amended) (legislation.gov.uk website).
The Council is responsible for charging and recovering Council Tax, but this does not mean it introduces a fiduciary relationship.
Current legislation
The liability to pay Council Tax falls under the Local Government Finance Act 1992 and later regulations. This is a statute created by a democratically elected Parliament of the United Kingdom which has received the assent of the Crown.
The legislation that covers Council Tax is freely available from the government website, including:
Council Tax queries
We will try to answer all reasonable Council Tax enquiries.
We will not respond to enquiries that focus on the following:
- ancient, historic, or outdated legislation
- requests for contracts requiring the payment of Council Tax
- hypothetical arguments which do not appear to have any legal basis
- unfounded notices, appointments or orders which have no grounds in law
- wilful misinterpretation of the law
- freeman on the land, Halsbury’s Laws of England, sovereign citizens, strawman, etc. type correspondence
While we do our best to answer all relevant enquiries about Council Tax, we reserve the right to refuse to answer correspondence that focuses on unfounded arguments that have no basis in statute which use our resources at the expense of other taxpayers.
If you have concerns over the charging of Council Tax, please seek proper legal advice rather than relying on internet sources.
How to correctly appeal your Council Tax bill
You have the right to appeal a decision regarding your Council Tax. Further information is held here Your Council Tax bill
Making an appeal does not allow you to withhold payment of Council Tax. However, any overpayment will be refunded if your appeal is successful.
Questions and Answers