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Landmark ruling could affect taxes on high-end properties

Owners of newly-built high-end properties may face paying higher taxes in the future, as the result of a landmark Supreme Court judgment.Chief Justice Ian Kawaley said the director of Land Valuation has the right to treat newly-built homes with apartments attached to them as single-dwelling units for tax purposes, rather than as multiple units.However, properties that have been historically treated as multiple units for tax purposes must continue to be treated that way.The ruling came after the director of Land Valuation, Chris Farrow, hired British QC Jonathan Small and English junior counsel Nathaniel Duckworth to contest the decisions of two tribunals on the value of a "high-end" property belonging to Samuel Banks husband of former Premier Dame Pamela Gordon.Mr Small told a hearing in July that the outcome of the case could affect the amount of land tax hundreds of homeowners are liable to pay to the public purse.The Chief Justice dismissed the director's appeal against the tribunal rulings, which had been in Mr Banks' favour in relation to the property named GateWood on Inglewood Lane, Paget. He awarded costs to Mr Banks.He ruled that although the director wanted Mr Banks' property to be treated as one unit, the tribunals found that his property consists of three valuation units, and would not allow that to be challenged.Ruling on a more general issue, the Chief Justice concluded that the director does have the legal right to treat newly-built high-end properties with multiple dwelling units as having just one assessment number for tax purposes in certain cases. However, any house already listed as having multiple units and multiple assessment numbers cannot be redetermined by the director to just have one.The Chief Justice also found it was in the public interest for him to decide the issue of whether land tax could be assessed on newly-built or renovated properties after final building inspection approval has been given, but before a certificate of occupancy is granted.In his ruling, the Chief Justice said land tax can indeed be assessed on properties that can be lived in, regardless of whether or not an occupancy certificate has been granted."The fact that an owner has not applied for a Certificate of Use and Occupancy under the Building Code cannot in and of itself constitute grounds for postponing the date when land tax liability commences in respect of all new valuation units," he said.He added later: "A valuation unit is capable of beneficial occupation ... so as to trigger liability to taxation when it is physically ready for occupation, notwithstanding the fact that the owner has yet to apply for and be granted a Certificate of Completion and Use under the Building Code. The director succeeds on this point, which was considered by this court in the public interest and his existing policy in this regard is affirmed."The ruling can be read in full by visiting www.gov.bm and navigating to the Attorney General's section, then to the Judiciary section, and then to the Supreme Court rulings for 2012 under Judgments and Legal References.