Amendment of the Rates (Small Business Hereditament Relief) Regulations (Northern Ireland) 20102
For regulation 3 of the Rates (Small Business Hereditament Relief) Regulations (Northern Ireland) 20102 there shall be substituted the following regulation—
Reduction of rates in respect of certain qualifying hereditaments3
1
Subject to paragraph (2), regulation 5 and the condition in regulation 6, the amount which, apart from these Regulations, would be payable for a qualifying year on account of a rate in respect of the net annual value of a qualifying hereditament shall be reduced by—
a
50% if the net annual value of the hereditament does not exceed £2,000;
b
25% if the net annual value of the hereditament exceeds £2,000 but does not exceed £5,000;
c
20% if the net annual value of the hereditament exceeds £5,000 but does not exceed £10,000.
2
Subject to paragraph (3), paragraph (1) shall not apply where—
a
a person occupying a qualifying hereditament occupies; or
b
a person occupying a qualifying hereditament and persons connected with that person occupy (whether jointly or severally),
more than three hereditaments which are, or would fall to be, shown in the NAV list.
3
Where each hereditament within a group of hereditaments is contiguous with another hereditament in the group and the hereditaments in the group—
a
have a combined net annual value not exceeding £10,000; and
b
are occupied by the same person,
the group of hereditaments shall be treated as a single hereditament for the purposes of determining, for the purposes of paragraph (2), the number of hereditaments which are occupied by a person or by a person and persons connected with that person.
4
For the purposes of paragraph (2)—
a
a person who is a partner in a partnership is connected with any partner in the partnership;
b
a person (“A”) and a company are connected if A has control of the company; and
c
a company and another company are connected if the same person has control of both companies.
5
Without prejudice to paragraph (4), a person (“B”) is connected with another person (“C”) for the purposes of paragraph (2) if—
a
B occupies a hereditament on behalf of C; or
b
B and C occupy different hereditaments on behalf of a third person.
6
In this regulation—
“company” includes any body corporate or an unincorporated association but does not include a partnership; and
“control” is to be read in accordance with sections 450 and 451 of the Corporation Tax Act 20103.