How To Report Someone Avoiding Council Tax?

 How To Report Someone Avoiding Council Tax?

This blog answers the question “How To Report Someone Avoiding Council Tax?” It mentions the different ways to inform your Council of the tax fraud. The blog also discusses some judicial techniques of investigating tax fraud.


How To Report Someone Avoiding Council Tax?

You need to report tax evasion to the Action Fraud Police


Her Majesty’s Revenue and Customs also takes action on whistleblowers' complaints about someone not paying Council Tax. You can contact HMRC online by clicking here and filling out the entire form.


A person can falsely claim council tax benefits by providing incorrect information or by failing to inform HMRC of a change in circumstances. If you think that you know someone who is lying to the tax authorities and should be receiving a higher tax bill you can call specialist fraud advisers at Action Fraud Police on 0300 1232040.


If your claim is correct and HMRC recovers the tax revenue or makes the absconder pay their fair share of council tax returns, you will receive a monetary reward.



Free accommodation for a tenant (in exchange for work)

A tenant can host someone in his home without permission from his landlord if that person is a volunteer for a charity, works in the hospitality business, if that person is their own daughter or if the person being hosted is a live in nanny


For reasons of courtesy, it may nevertheless be appropriate to notify him. On the other hand, in the event of a money transaction, we no longer speak of free hosting as are in the context of subletting. The owner must then be informed and give his consent.


When the tenant receives housing aid, the income of the person accommodated is taken into account in the calculation of the allowance. If the person lives with them for more than six months the aforementioned condition applies. It should be noted that the person accommodated free of charge cannot benefit from housing allowances.


A person owning their main residence or a secondary residence is free to use that property. The owner can therefore host a person in his home free of charge if he wishes to do so.


Even if it is possible to host someone at home legally, it  does not mean that you are exempt from the administrative procedures that apply to this situation



What is an accommodation certificate?

An accommodation certificate is a guarantee that a residence is in compliance with overcrowding regulations and provides a high quality standard of living.


What are the social regulatory standards for housing in the UK?

The regulator for social housing in the UK has 2 objectives:


Economic Standards.


This involves that landlords manage their income and expenses well and are financially stable. There are 3 Economic Standards. Firstly, the Governance and Financial Viability standard shows how well run. Secondly, the Value For Money Standard shows that the housing provider makes the most productive use of the resources at its disposal. Thirdly, the Rent Standard is a limit on the monthly rent being charged by a landlord.


Affordable Rent housing can only be provided by the following:


  • A registered provider pursuant to the Housing Supply Delivery Agreement between the provider and Homes England or the Greater London Authority. (the accommodation is bound by that agreement to providing affordable rent)


  • A registered provider bound by an agreement between a local authority and the Secretary of State


  • A property provided by a local authority, Secretary of State, the Greater London Authority or Homes England and that authority agrees to it being let out as affordable rent housing




Consumer Objectives or Consumer Standards

Home Standards are making sure that tenants get quality accommodation and can hold their property owners accountable for any shortcomings.The four consumer standards to be followed are:


  • Home Standard (in accordance with Section 5 of the Government Decent Homes Guidance), which includes cost effectiveness in the maintenance of the property, state of livability of the property and adherence to certain conventions of architectural design


  • Tenancy Standard which fixes how properties are to be exchanged, let out and the term limits for these transfers.


  • Neighborhood and Community Standard sets out guidelines for maintaining and improving the neighborhoods around a certain area, which also includes keeping a check on anti social behavior.This includes the prompt reporting of and effective remedying of antisocial behavior experienced by neighborhood residents.


  • Tenant Involvement and Empowerment Standard gives tenants access to customer service and obtains a promise from housing providers to include tenants in the formulation of their landlord’s housing policies. All tenants shall be treated by their landlords with fairness and respect.


Registered providers shall consult tenants once every 3 years on the best way of involving them in the scrutiny and management of the organization’s services.




To carry out various administrative procedures, the person who is housed free of charge may need proof of residence. However, it does not have an energy supply contract or a lease in its name. To overcome this deficiency, the host can establish a certificate of free accommodation.


This document must include some essential sections, such as:


  • The name, first name of the host and the person hosted


  • The address of the accommodation


  • Proof on being on an employment related benefit such as the Jobseekers Allowance, Income or Employment Support


  • Proof of employment including job letter and income information


  • The date of issue of the certificate


  • Host's signature


  • Taxes

If the person accommodated and the owner live together, the housing tax must be paid by the latter. On the other hand, if the accommodated person occupies the accommodation alone, it is up to him to pay this local tax. 




Can we evict a person hosted for free?

In the event of disagreement between the host and the person hosted, it is possible to initiate an eviction procedure in compliance with the rules in force.


The "ready to use" contract which has been concluded beforehand must specify the estimated duration of occupation of the accommodation. This mention generally makes it possible to avoid any risk of conflict by precisely defining things.


If you have not concluded a contract or if it does not mention the duration of accommodation, alternatives are still possible:


You can start by sending a registered letter with acknowledgment of receipt to the person staying, expressly asking him to leave the premises. In the event of a persistent conflict, you can request the intervention of a bailiff.


 If this is still not enough, you can go to the crowns prosecution service. The winter break does not apply to accommodation occupied free of charge. It is therefore quite possible to ask the person accommodated to leave the premises without delay.


How to tackle the white collar tax evasion we see today?

White-collar tax evasion today is seen both at national and at national level. The International community  has given us the legal means to facilitate the search for the proof of a possible offense committed both by its perpetrators, accomplices and active advisers.


This is the primary objective of the creation of the Action Fraud Police (part of the National Fraud Agency) which since its creation in 2013 became one of the services of the central office for the fight against organized financial crime. It is no longer attached to the National Fraud Agency but to the City of London Police. 


This agency, alongwith the Action Fraud Intelligence Bureau has indeed been integrated into office center for the fight against corruption and financial and tax offenses 


The Action Fraud Police is responsible not only for offenses of tax evasion mentioned in the code of criminal procedure but also the offenses falling under the criminal business law, breaches of probity and rules on the financing of political activities.


This office has been under the direct control of the city of London Police since October 2013 


What are the offenses facing prosecution by special techniques of judicial investigation?


The offenses which face prosecution by special techniques of judicial investigation are:


  •  passive corruption and influence peddling by persons exercising public office


  • active bribery and influence peddling by individuals 


  • active or passive corruption of judicial personnel in the exercise of their functions and

influence peddling for the purpose of influencing the decision of judicial personnel 


  • active and passive influence peddling and bribery of foreign public officials or a

international organization 


The offenses of tax evasion are committed by an organized gang, who are involved in the following:


  •  the use, for the purpose of evading tax, of accounts opened or contracts entered into

with organizations established abroad;


  •  the interposition of natural or legal persons or of any organization, trust or

comparable institution established abroad;


  • the use of a false identity or false documents


  • a fictitious or artificial tax domicile abroad;


  • any other maneuver intended to mislead HMRC;


Customs offenses, which are punishable by a sentence of more than 5 years imprisonment include the aggravated misuse of corporate assets, i.e. facilitated or carried out by means of either accounts opened or contracts taken out with organizations established abroad




Special tax investigation techniques

For these offenses exhaustively listed above, the text provides for the possibility of

resort to the following special investigation measures applicable since February 1, 2014 and

this in addition to ordinary investigative measures:

:

  • the extension of jurisdiction for surveillance purposes


  • infiltration 


  •  the interception of correspondence 


  • the capture, fixation, transmission and recording of words in places or vehicles

private or public, or images in a private place 


  • the capture, storage and transmission of computer data 


  • precautionary seizures

.

Tax fraud: tax conservatory seizure

When tax investigation has been applied for the purposes of surveillance, infiltration or interception of correspondence the accused person will have the right to question the prosecution on the follow-up given to the investigation (six months after his placement in police custody). In the event of a new hearing or interrogation, the accused has the right to be assisted by a lawyer who has prior access to the procedure


Similarly, in the event of referral for immediate appearance, the person concerned will have the

right to be assisted by a lawyer (who will have access to the procedure and can present to the prosecutor his observations). 


Following this, the crown prosecution service will refer the person concerned before the crown court according to the procedure of immediate appearance or will require the opening of an investigation 


On the other hand, the derogatory provisions in terms of searches, home visits and seizures at night, are not not applicable to these offenses




Conclusion

This blog post addressed the question “How to report someone avoiding Council Tax?” You can report tax fraud online by email, by telephone or through an online form. You must include their name, address and personal details and the kind of fraud they are perpetrating.



Please feel free to comment on the content or ask any questions in the comments section below :


Frequently Asked Questions (FAQs) : How To Report Someone Avoiding Council Tax?

I’ve received a liability order but I’ve already made a payment arrangement on my summons?

If you’ve already made a payments agreement with us all you need to do is keep on making the agreed payments on time. The Liability Order is a document issued by the Teesside Magistrates court which explains how much you owe and that you’re legally required to pay that amount.


The Liability Order also explains the steps we’ll take if you don’t pay.


Bailiffs have been to my address, do I have to pay the Council Tax dues to them?

In the case that your account has been passed on to bailiffs you will need to make the council tax payments to them directly. 


If you believe that you have not missed any payments on your council tax bill you can contact your council by completing its enquiry form. If you want to dispute the actions of the Bailiffs or want to correct your council tax records, evidence documenting your payments must be provided

I am bankrupt or in an IVA/DRO, do I need to pay council tax?

If Council tax has been provided with a confirmation of your bankruptcy your debt can be written off for the year you were granted bankruptcy. 

After your bankruptcy status ends you will be liable to pay regular council tax.

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