Cecily Zamora
In the UK, the Local Government Finance Act 1992 sets out the legal responsibility for paying Council Tax. This Act gives local authorities the right to demand Council Tax to fund services and determine who is liable to pay. However, some individuals and groups, such as the 'Freemen on the Land' movement, argue that Council Tax is unlawful and that people are only bound by the contracts and laws to which they have consented. They claim that there is no legal requirement to pay taxes and that individuals have the right to choose whether to enter into a contract with the government to pay taxes. These arguments have been deemed misleading and without legal basis, and individuals who withhold Council Tax payments based on these arguments may face enforcement action, including potential prison sentences.
| Characteristics | Values |
|---|---|
| Law that governs council tax | Local Government Finance Act 1992 |
| Who does the law apply to | Occupiers and some owners of dwellings within the council's area |
| Whether consent is required | No |
| Whether a contract is required | No |
| Whether being a "freeman" exempts from paying tax | No |
| Whether there is a choice to pay the tax | No |
| Whether the law applies to a human being or a legal body | A legal body |
| Whether there is a requirement for a paper order | No |
| Whether there is a requirement for a written Liability Order/Court Order | No |
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What You'll Learn
'Freemen' are not exempt from Council Tax
The 'Freeman on the Land' movement and similar groups believe that people are only bound by the contracts and laws they have consented to. However, this is not the same as legislation relating to the administration and collection of council tax.
Being a 'freeman' does not exempt anyone from paying council tax. In the UK, liability for council tax is determined by the Local Government Finance Act 1992. This statute, created by a democratically elected parliament, sets out a local authority's rights to demand council tax to fund services and who is liable to pay.
Your liability for council tax is not dependent on, and does not require, your consent or the existence of a contractual relationship with the council. There is no legal basis for the argument that being a 'freeman' exempts one from council tax. Anyone who withholds payment will have enforcement action taken against them, which could lead to a prison sentence.
In the Manchester Magistrates' Court vs McKenzie (2015) case, an individual who attempted to use 'Freeman on the Land' defences in court ended up in prison for 40 days. A High Court case, Kofa v Oldham (2024), confirmed that laws are considered binding and made by an elected parliament, thus rendering arguments about individual consent "impossible and inappropriate".
If you have any concerns over the charging of council tax, seek proper legal advice. Do not rely on internet sources or forum statements, which may be incorrect or misleading.
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Council Tax is a creature of statute
The Local Government Finance Act 1992 outlines the legal responsibility for paying Council Tax in the UK. This statute, created by a democratically elected Parliament, sets out a council's rights to demand payment of council tax, enabling them to fund services, calculate council tax charges, and determine who is liable. It is important to distinguish between Acts of Parliament, which are Statutes that outline the law, and the common law, which pertains to contract law and individual rights.
The Freeman on the Land movement and similar groups argue that individuals are only bound by the contracts and laws to which they have consented. However, this belief is incorrect, as contract law and common law rights are distinct from the legislation governing Council Tax administration and collection. Being a 'freeman' does not exempt individuals from paying Council Tax. Court cases such as Manchester Magistrates' Court vs McKenzie (2015) have upheld the validity of Council Tax, with individuals attempting to use 'Freeman on the Land' defences ending up in prison for non-payment.
While individuals have the right to appeal their Council Tax band and challenge their liability, it is important to seek proper legal advice before relying on misleading information found on the internet. Many arguments based on contract, consent, and common law have no legal basis and will not hold up in court. Therefore, it is crucial to understand that Council Tax is a creature of statute, and liability is determined by the statutory regulations outlined in the Local Government Finance Act 1992.
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Council Tax is not a direct charge for services
Council Tax is a creature of statute, and liability for this arises under the provisions of the Local Government Finance Act 1992 and subsequent regulations. This means that it is not a direct charge for services provided by the council. The amount collected is paid into a central fund to enable the council to provide services for the benefit of the community as a whole.
The Freeman of the Land movement and similar groups believe that people are only bound by the contracts and laws they have consented to. However, this is not the case with Council Tax. Contract law and alleged rights under common law are not the same as legislation relating to the administration and collection of Council Tax.
Your liability for Council Tax is not dependent on, and does not require, your consent or the existence of a contractual relationship with the council. This has been confirmed in court cases such as Kofa v Oldham (2024) and Manchester Magistrates' Court vs McKenzie (2015). In these cases, it was found that laws are considered binding and made by an elected Parliament on behalf of the whole country, therefore no individual contract is required.
There are many misleading articles and templates on the internet that claim to provide ways to avoid paying Council Tax. Anyone relying on these should exercise caution and seek proper legal advice. The council has a responsibility to charge and recover Council Tax, and payment by liable persons is enforced under the Council Tax (Administration and Enforcement) Regulations 1992.
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Council Tax liability is determined by Local Government Finance Act 1992
In the UK, liability for Council Tax is determined by the Local Government Finance Act 1992. This statute was created by a democratically elected Parliament of the United Kingdom, and it sets out a local authority's rights to demand Council Tax to fund services and who is liable to pay.
The Local Government Finance Act 1992 outlines the hierarchy of who is considered the liable party, and individual agreement is not necessary. The liable party is determined by reference to the Act, and Council Tax is payable by this party. The issue of a Council Tax demand notice (the bill) creates the debt, and a signature or agreement from a resident is not necessary as it is a tax, not a contract.
Some people believe that they are only bound by the contracts and laws they have consented to, and that being a 'freeman' exempts them from paying Council Tax. However, contract law and alleged rights under common law are distinct from the legislation relating to the administration and collection of Council Tax. There is no legal basis for arguing that an individual contract is required to pay Council Tax, and it is considered "impossible and inappropriate" to gain individual consent.
The legislation covering Council Tax is available on the government website, and anyone with concerns about their Council Tax liability is advised to seek proper legal advice rather than relying on misleading information from the internet.
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Misleading information on the internet about Council Tax legality
There is a lot of misleading information on the internet about the legality of Council Tax. Many websites claim that there is no legal requirement to pay Council Tax. These arguments are often based on the idea that people are only bound by the contracts and laws they have consented to. The "Freeman on the Land" movement is one such group that promotes these beliefs. They argue that without an individual contract with the council, there is no obligation to pay.
However, these arguments have no legal basis. In the UK, the liability for Council Tax is determined by the Local Government Finance Act 1992. This statute sets out a council's rights to demand Council Tax to fund services and establishes who is liable to pay. It does not require the consent of the individual or a contractual relationship with the council. This has been confirmed in court cases such as Kofa v Oldham (2024) and Manchester Magistrates' Court vs McKenzie (2015).
Despite this, many people continue to spread misinformation about the legality of Council Tax. Some individuals claim that using archaic laws or quoting documents such as the Magna Carta can exempt them from paying. These arguments are not accepted by councils and will not hold up in court. It is important for residents to seek proper legal advice and not rely on misleading information found on the internet.
While it is understandable that some people may have questions or concerns about their legal obligations, it is important to approach official sources for accurate information. Councils have a responsibility to charge and recover Council Tax, and they will take enforcement action against those who withhold payment, which could even lead to a prison sentence in extreme cases. Therefore, it is crucial to understand the legal requirements and seek appropriate advice if needed.
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Frequently asked questions
Yes, you do have to pay Council Tax. In the UK, liability for Council Tax is determined by the Local Government Finance Act 1992. This statute, created by a democratically elected Parliament, sets out a local authority’s rights to demand Council Tax to fund services and establishes who is liable to pay.
Council Tax is a statutory tax levied on occupiers (and some owners) of dwellings within the council's area. The amount collected is paid into a central fund to enable the council to provide services for the benefit of the community as a whole.
If you do not pay your Council Tax, the council will take enforcement action against you. In extreme cases, this can lead to a prison sentence.
No, you do not need to have a contract with the Council to pay Council Tax. Your liability for Council Tax is not dependent on, nor does it require, your consent or the existence of a contractual relationship with the council.
