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England) Land Union (London.

The new land taxes and mineral rights duty. The Land Union's handbook on provisional valuations; being general advice to owners of land and house property in dealing with valuations under the Finance (1909-10) Act, 1910, as amended by the Revenue Act, 1911 online

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Online LibraryEngland) Land Union (LondonThe new land taxes and mineral rights duty. The Land Union's handbook on provisional valuations; being general advice to owners of land and house property in dealing with valuations under the Finance (1909-10) Act, 1910, as amended by the Revenue Act, 1911 → online text (page 11 of 19)
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granted to or enjoyed by a working lessee, whether



104 LAND UNION HANDBOOK

above or under ground, for the purpose of access to
or the conveyance of the minerals, or the ventilation
or drainage of his mine or otherwise in connection
with the working of the minerals.

Where any minerals are at any time being worked
by means of any colliery, mine, quarry, or open
working, all the minerals which belong to the same
proprietor, if the minerals are being worked by the
proprietor, or which the lessee has power to work if the
minerals are being worked by a lessee, and which
would in the ordinary course of events be worked
by the same colliery, mine, quarry, or open working,
shall be deemed to be minerals which are being
worked at that date.

Minerals which are being won for the purpose of
being immediately worked shall be deemed to be
minerals which are being worked.

Minerals shall be deemed to be comprised in a
mining lease if the right to work the minerals is
the subject of a mining lease, or if the minerals are
being worked under the terms of such a lease, although
the lease has expired.

Where the circumstances of a district are such that
in the opinion of the Commissioners it is impracticable
to fix any sum which satisfactorily represents a rent
customary in the district, the rent which would be
paid under similar circumstances and ordinary con-
ditions elsewhere than in the district shall be substi-
tuted for the rent customary in the district.



Valuation for Purposes of Duties on Land Values.

Definition of 25. (1) For the purposes of this Part of this Act, the

values of gross value of land means the amount which the fee simple

lanfl - of the land, if sold at the time in the open market by a

willing seller in its then condition, free from incumbrances

and from any burden, charge, or restriction (other than

rates or taxes) might be expected to realise.

(2) The full site value of land means the amount which
remains after deducting from the gross value of the land
the difference (if any) between that value and the value
which the fee simple of the land, if sold at the time in the
open market by a willing seller might be expected to realise
if the land were divested of any buildings and of any other
structures (including fixed or attached machinery) on, in,
or under the surface, which are appurtenant to or used in
connection with any such buildings, and of all growing
timber, fruit trees, fruit bushes, and other things growing
thereon.



LAND UNION HANDBOOK 105

(3) The total value of land means the gross value after
deducting the amount by which the gross value would be
diminished if the land were sold subject to any fixed charges
and to any public rights of way or any public rights of user,
and to any right of common and to any easements affecting
the land, and to any covenant or agreement restricting the
use of the land entered into or made before the thirtieth
day of April nineteen hundred and nine, and to any covenant
or agreement restricting the use of the land entered into
or made on or after that date, if, in the opinion of the
Commissioners, the restraint imposed by the covenant
or agreement so entered into or made on or after that
date was when imposed desirable in the interests of the
public, or in view of the character and surroundings of
the neighbourhood, and the opinion of the Commissioners
shall in this case be subject to an appeal to the referee,
whose decision shall be final.

(4) The assessable site value of land means the total value
after deducting — ■

(a) The same amount as is to be deducted for the purpose

of arriving at full site value from gross value ; and

(b) Any part of the total value which is proved to the

Commissioners to be directly attributable to works
executed, or expenditure of a capital nature (including
any expenses of advertisement) incurred bona fide by
or on behalf of or solely in the interests of any person
interested in the land for the purpose of improving
the value of the land as building land, or for the
purpose of any business, trade, or industry other than
agriculture ; and

(c) Any part of the total value which is proved to the

Commissioners to be directly attributable to the
appropriation of any land or to the gift of any land
by any person interested in the land for the purpose
of streets, roads, paths, squares, gardens, or other
open spaces for the use of the public ; and

(d) Any part of the total value which is proved to the Com-

missioners to be directly attributable to the expendi-
ture of money on the redemption of any land tax,
or any fixed charge or on the enfranchisement of
copyhold land or customary freeholds, or on effecting
the release of any covenant or agreement restricting
the use of land which may be taken into account in
ascertaining the total value of the land, or to goodwill
or any other matter which is personal to the owner,
occupier, or other person interested for the time
being in the land ; and

(e) Any sums which, in the opinion of the Commissioners,

it would be necessary to expend in order to divest the
land of buildings, timber, trees, or other things of



106



LAND UNION HANDBOOK



Valuation
land for
purposes of
Act.



oi



which it is to be taken to be divested for the purpose

of arriving at the full site value from the gross value

of the land and of which it would be necessary to

divest the land for the purpose of realising the full

site value.

Where any works executed or expenditure incurred for the

purpose of improving the value of the land for agriculture

have actually improved the value of the land as building

land, or for the purpose of any business, trade, or industry

other than agriculture, the works or expenditure shall,

for the purpose of this provision, be treated as having been

executed or incurred also for the latter purposes.

Any reference in this Act to site value (other than the
reference to the site value of land on an occasion on which
increment duty is to be collected) shall be deemed to be a
reference to the assessable site value of the land as ascer-
tained in accordance with this section.

(5) The provisions of this section are not applicable for
the purpose of the valuation of minerals.

26. (1) The Commissioners shall, as soon as may be after
the passing of this Act, cause a valuation to be made of all
land in the United Kingdom, showing separately* the total
value and the site value respectively of the land, and in the
case of agricultural land the value of the land for agricul-
tural purposes where that value is different from the site
value. Each piece of land which is under separate occu-
pation, and, if the owner so requires, any part of any land
which is under separate occupation, shall be separately
valued, and the value shall be estimated as on the thirtieth
day of April, nineteen hundred and nine.

(2) Any owner of land and any person receiving rent in
respect of any land shall, on being required by notice from
the Commissioners, furnish to the Commissioners a return
containing such particulars as the Commissioners may
require as to the rent received by him, and as to the owner-
ship, tenure, area, character, and use of the land, and the
consideration given on any previous sale or lease of the
land, and any other matters which may properly be required
for the purpose of the valuation of the land, and which it is
in his power to give, and, if any owner of land or person
receiving any rent in respect of the land is required by the
Commissioners to make a return under this section, and fails
to make such a return within the time, not being less than
Thirty days, specified in the notice requiring a return, he
shall be liable to a penalty not exceeding fifty pounds to be
recoverable in the High Court.

(3) Any owner of land may, if he thinks fit, furnish to the
Commissioners his estimate of the total value or site value



* See Section 5 of the Revenue Act, 1911,



LAND UNION HANDBOOK 107

or both, of the land, and the Commissioners, in making their
valuation, shall consider any estimate so furnished.

27. (1) The Commissioners shall cause a copy of their Ascertain -

provisional valuation of any land to be served on the owner m ? n . °, .. e
r , i i i i i i • . • i i • • i original site

of the land, and, unless objection is taken to the provisional va iue of land.

valuation in manner provided by this section, the values

shown in the provisional valuation shall be adopted as the

original total value and the original site value respectively

for the purposes of this Part of this Act.

(2) If the owner considers that the total or site value, as
stated in any provisional valuation, is not correct, he may,
with a view to an amendment of the provisional valuation,
within sixty days of the date on which the copy of the
provisional valuation is served, or such extended time as
the Commissioners may in any special case allow, give to
the Commissioners notice of objection to the provisional
valuation, stating the grounds of his objection and the
amendment he desires, and, if the Commissioners amend
the provisional valuation so as to be satisfactory to all
persons making objections, the total and site value as stated
in the amended valuation shall be adopted as the original
total and the original site value for the purposes of this Part
of this Act.

(3) The Commissioners may amend any provisional
valuation, whether objected to or not, before it is finally
settled, and the amended provisional valuation shall be
deemed to be a provisional valuation for the purposes of
this section.

(4) If the provisional valuation is not amended by the
Commissioners so as to be satisfactory to any objector, that
objector ma}'- give notice of appeal under this Act with
respect to the valuation, but, if no such notice is given, the
total and site value as stated in the provisional valuation,
subject to such amendments as may be made by the Com-
missioners in order to meet objections, shall be adopted
as the original total and the original site value respectively
for the purposes of this Part of this Act.

(5) Any person interested in the land, not being an owner,
may apply to the Commissioners for a copy of the pro-
visional valuation of the land before it is finally settled, and
shall then have the same right of giving notice of objection
and of appealing as the owner.

(6) Where the value to be adopted as the original total
or the original site value of any land for the purposes of this
Part of this Act has not been finally settled at the time
when any duty under this Part of this Act becomes leviable,
any duty under this Part of this Act shall be assessed
as if the values as shown in the provisional valuation, or, if
the provisional valuation has been amended by the Com-
missioners, as shown in the valuation as so amended, were



108



LAND UNION HANDBOOK



Periodical
valuation of
undeveloped
land.



Assessment of
duty on
separate
parcels of
land and
apportion-
ment of
valuation.



the values adopted as the original total and site values for
the purposes of this Part of this Act, and, on the values
to be adopted being finally settled, if it is found that the
amount which should have been paid as duty exceeds that
actually paid, the excess shall be deemed to be arrears
of the duty, except so far as any penalty is incurred on
account of arrears, and, if it is found that the amount which
should have been paid as duty is less than that actually
paid, the difference shall be repaid by the Commissioners.

(7) Where a lessee is the owner of the land within the
meaning of this Act, this section shall apply as if any person
entitled to the fee simple reversion or to a leasehold reversion
for a term of years exceeding twenty-one were the owner
as well as the lessee.

28. For the purpose of obtaining a periodical valuation
of undeveloped land the Commissioners shall, in the year
nineteen hundred and fourteen and in every subsequent
fifth year, cause a valuation to be made of undeveloped land
showing the site value of the land as on the thirtieth day of
April in that year, and, for the purpose of ascertaining the
value at that time, the provisions of this Act as to the
ascertainment of value shall apply for the purpose of
ascertaining value on any such periodical valuation as they
apply for the purpose of ascertaining th.e original value :

Provided that if on any such periodical valuation the
valuation of any undeveloped land which is liable to un-
developed land duty is for any reason begun but not com-
pleted in the year of valuation, the Commissioners may
complete the valuation after the expiration of the year of
valuation, subject to an appeal under this Act.

29. (1) Any duty under this Part of this Act may be
assessed on or in respect of any such pieces of land whether
under separate occupation or not, as the Commissioners
think fit.

(2) The Commissioners shall make such apportionments
and re-apportionments of any original site value or any
site value fixed on a periodical valuation as they
consider necessary for the purpose of the collection
or assessment of increment value duty or undeveloped land
duty, or which they may be required at any time to make on
the application of any person entitled to the fee simple of
any land or to an interest in any land.

On any such apportionment or re-apportionment for the
purpose of the collection of increment value duty on the
occasion of the transfer on sale of the fee simple of the land
or any interest in the land, or on the occasion of the grant
of any lease of the land, the consideration for the transfer,
or for the grant of the lease, shall be treated as one of the



LAND UNION HANDBOOK



109



Duties of

Commission

ers as to

keeping

records and

giving

information.



matters to which regard must be had in making the appor-
tionment or re-apportionment.

(3) The provisions relating to the procedure on the valua-
tion of land for the purposes of this Part of this Act shall
apply with respect to the apportionment or re-apportion-
ment of site value under this section as they apply with
reference to the ascertainment of the original site value of
land.

(4) The value attributed on any such apportionment or
re-apportionment to each part of the land shall, for the
purposes of this Part of this Act, be treated as the original
site value or the site value of the land, as the case may be.

30. (1) The Commissioners shall record particulars of all
valuations, apportionments, re-apportionments, and assess-
ments made by them under this Part of this Act, and of any
deductions allowed in determining any value, and of the
amount of any duty paid under this Part of this Act in
respect of any land.

(2) The Commissioners shall furnish to any person inter-
ested in any land, or to any person authorised by any person
so interested, on his application and on payment of such fee,
not exceeding two shillings and sixpence, as the Commis-
sioners may fix with the approval of the Treasury, copies
of any particulars so recorded by them relating to the land,
certified, if required, by a Secretary or Assistant Secretary
to the Commissioners.

31. (1) Every person who pays rent in respect of any information
land, and every person who as agent for another person as to names
receives any rent in respect of any land, shall, on being
required by the Commissioners, furnish to them within
thirty days the name and address of the person to whom
he pays rent or on behalf of whom he receives rent, as the
case may be.

(2) For the purpose of the exercise of their powers, or the
performance of their duties under this Part of this Act in
reference to the valuation of land, the Commissioners may
give any general or special authority to any person to
inspect any land and report to them the value thereof, and
the person having the custody or possession of that land
shall permit the person so authorised, on production of the
authority of the Commissioners in that behalf, to inspect
it at such reasonable times as the Commissioners consider
necessary.

(3) If any person wilfully fails to comply with the pro-
visions of this section, he shall be liable to a penalty not
exceeding fifty pounds to be recoverable in the High Court.

(4) Any notice requiring a return for the purpose of
valuation, any copy of a provisional valuation, and any
other notice or document which is required to be given



of owners of
land.



110



LAND UNION HANDBOOK



Determina-
tion of value
of considera-
tion.



or sent to an owner or a person interested in land under this
Part of this Act by the Commissioners shall be sufficiently
given or sent if sent by post to the address of the owner or
person interested furnished to the Commissioners under the
powers given by this section, or, if the address cannot be
so ascertained, by leaving the notice or a copy of the docu-
ment addressed to the owner or person interested with some
occupier of the land, or, if there is no occupier, by causing it
to be put up in some conspicuous place on the land.

32. ( 1 ) Where the value of any consideration for a transfer
or lease is to be determined for the purposes of this Part of
this Act, that value shall, so far as the consideration consists
of the payment of a capital sum, be taken to be the amount
of that capital sum, and, so far as the consideration consists
of a periodical money payment, be taken to be such sum
as appears to the Commissioners to be the capital value of
that payment.

(2) If the Commissioners are satisfied that any covenant
or undertaking or liability to discharge any incumbrance,
or, in cases where a nominal rent only has been reserved,
any covenant or undertaking to erect buildings, or to
expend any sums upon the property, has formed part
of the consideration, the Commissioners shall allow such
sum as they think just in respect thereof as an addition
to the value of the consideration.

(3) Where it is necessary to apportion any consideration
for the purposes of this Part of this Act as between properties
included in any transfer or lease, the consideration shall be
apportioned by the Commissioners in such manner as they
determine.



Appeals.

33. (1) Except as expressly provided in this Part of this
Act, any person aggrieved may appeal within such time and
in such manner as may be provided by rules made under
this section against the first or any subsequent determination
by the Commissioners of the total value or site value of any
land ; or against the amount of any assessment of duty
under this Part of this Act ; or against a refusal of the
Commissioners to make any allowance or to make the
allowance claimed, where the Commissioners have power
to make such an allowance under this Part of this Act ;
or against any apportionment of the value of land or of
duty or any assessment or apportionment of the con-
sideration on any transfer or lease made by the
Commissioners under this Part of this Act *, or against the
determination of any other matter which the Commissioners
are to determine or may determine under this Part of this
Act:



LAND UNION HANDBOOK 111

Provided that —

(a) an appeal shall not lie against a provisional valuation

made by the Commissioners of the total or site
value of any land except on the part of a person
who has made an objection to the provisional
valuation in accordance with this Act ; and

(b) the original total value and the original site value and

the site value as ascertained under any subsequent
valuation shall be questioned only by means of an
appeal against the determination by the Com-
missioners of that value where there is an appeal
under this Act, and shall not be questioned in any
case on an appeal against an assessment of duty.

(2) An appeal under this section shall be referred to
such one of the panel of referees appointed under this Part
of this Act as may be selected in manner provided by rules
under this section, and the decision of the referee to whom
the matter is so referred shall be given in the form provided
by rules under this section and shall, subject to appeal to
the Court under this section, be final.

(3) The referee shall determine any matter referred to
him iD consultation with the Commissioners and the
appellant, or any persons nominated by the Commissioners
and the appellant respectively for this purpose, and may,
if he thinks fit, order that any expenses incurred by the
appellant be paid by the Commissioners, and that any such
expenses incurred by the Commissioners be paid by the
appellant.

Any order of the referee as to expenses may be made
a rule of the High Court.

(4) Any person* aggrieved by the decision of the
referee may appeal against the decision of the High Court
within the time and in the manner and on the conditions
directed by Rules of Court (including conditions enabling
the Court to require the payment of or the giving of security

for any duty claimed) ; and sub-sections two, three, and 5 - & 58 Vi t
four of section ten of the Finance Act, 1894, shall apply a . 30.
with reference to any such appeal :

Provided that where the total or site value as alleged
by the Commissioners of the property in respect of which
the dispute arises does not exceed five hundred pounds,
the appeal under this section may be to the county court
for the county or place in which the appellant resides or
the property is situate, and this section shall for the purpose
of the appeal apply as if such county court were the High
Court, and in every such case any party shall have a right
of appeal to the Court of Appeal.

* See Section 7 of the Revenue Act, 1911.



112



LAND UNION HANDBOOK



(5) Provision shall be made by rules under this section
with respect to the time within which and the manner in
which an appeal may be made to a referee under this
section, and with respect to the mode in which the referee
to whom any reference is to be made is to be selected,
and with respect to the form in which any decision of a
referee is to be given, and with respect to any other matter
for which it appears necessary or expedient to provide
in order to carry this section into effect.

Those rules shall be made by the Reference Committee,
subject to the approval of the Treasury.

The Reference Committee for England shall consist
of the Lord Chief Justice of England, the Master of the
Rolls, and the President of the Surveyors' Institution.

The Reference Committee for Scotland shall consist
of the Lord President of the Court of Session, the Lord
Justice Clerk, and the Chairman of the Scottish Committee
of the Surveyors' Institution.

The Reference Committee for Ireland shall consist of the
Lord Chief Justice of Ireland, the Master of the Rolls in
Ireland, and the President of the Surveyors' Institution.

The President of the Surveyors' Institution may, if he
thinks fit, appoint any person, being a member of the
council of that institution and having special knowledge
of valuation in Ireland, to act in his place as a member of
the Reference Committee in Ireland.

Appointment 34. (1) Such number of persons, being persons who
of referees to have been admitted Fellows of the Surveyors' Institution,
hear appeals. Qr ^her persons having experience in the valuation of
land as may be appointed for England, Scotland, and
Ireland, respectively, by the Reference Committee, shall
form a panel of persons to act as referees for the purposes
of this Part of this Act in England, Scotland, and Ireland,
respectively, and persons having experience in the valuation
of minerals shall be included in each panel.

(2) There shall be paid out of moneys provided by
Parliament to every referee appointed under this section
such fees or remuneration as the Treasury direct.



Supplemental.



Exemption
for land held
by rating
authorities.



35. (1) No duty under this Part of this Act shall be
charged in respect of any land or interest in land held by
or on behalf of a rating authority, or any statutory com-
bination representative of two or more local or rating
authorities, and any increment value duty in respect of any
such land which would have been collected from the
authority (whether on the occasion of the transfer on sale



LAND UNION HANDBOOK



113



of the land, or any interest in the land, or the grant of a
lease of the land, or on the periodical occasions provided
in this Act) shall, for the purposes of the provisions of
this Act as to the collection of increment value duty, be
deemed to have been paid.


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Online LibraryEngland) Land Union (LondonThe new land taxes and mineral rights duty. The Land Union's handbook on provisional valuations; being general advice to owners of land and house property in dealing with valuations under the Finance (1909-10) Act, 1910, as amended by the Revenue Act, 1911 → online text (page 11 of 19)