Dáil Éireann Debate, Tuesday - 12 November 2013
107. Deputy Brian Walsh asked the Minister for Finance if an over-estimation on the value of a property in respect of the local property tax may be rectified and payment refunded in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [48249/13]
View answerI am advised by Revenue that Section 26 of the Finance (Local Property Tax) Act 2012 (as amended) provides that if a liable person has overpaid Local Property Tax (LPT) through a genuine error or mistake, then s/he is entitled to a repayment. In such circumstances the liable person should write to LPT Branch, PO Box 1, Ennis, Co Clare, clearly setting out how the overpayment arose. The person should include relevant supporting documentation such as, a copy of a professional valuation as at 1 May 2013, or documented information on property sales for comparable properties in the local area around 1 May 2013, or documented information on any house price survey in the local area reflecting values around 1 May 2013. On the specific case to which the Deputy refers, Revenue has confirmed that it received an incomplete LPT 1 Return for 2013 that did not indicate either a liable person or a property valuation. Revenue did however receive payments in respect of both 2013 (€157 Band 3 – Half Year) and 2014 (€315 Band 3 – Full Year), which were based on the estimated LPT liability.
The Deputy will be aware that LPT is a self-assessed tax and the onus is on the liable person to calculate the tax due based on the market value of the property and that the estimate should only come into play in circumstances where Revenue seeks to collect the tax due in the absence of a return being filed.
In regard to the question of over valuation, Revenue has confirmed to me that it has no record of any correspondence from the person in relation to the issue. However, I am advised that Revenue has now made direct contact with the person in question to explain the process in regard to refunds of LPT. I am assured that once the required documentation is received and verified the Valuation Band of the property will be adjusted and any overpayment refunded.
