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NPPR / Family Home

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  • 16-10-2014 8:30pm
    #1
    Yearning4Stormy
    Closed Accounts Posts: 129 ✭✭


    Evening, all,

    I'm posting here solely on the basis that it's the most "popular" forum when doing a search for "NPPR".

    I received a letter today from my local council stating that I owe them €4220 (2009-2014) in relation to an NPPR, the details of which I could find overleaf. Excitedly, I flipped the page thinking I owned a previously unknown property or holiday home somewhere sunny and exotic... Spiddal, Westport, Wexford town...

    Imagine my disappointment to find it's the family home of my children and ex-wife on which I pay the mortgage but no longer live in.

    Hopefully an easily remediable error...?

    (Oh, and I rent, btw; I own no other properties on the island.)


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    #2
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    How do you conclude that it's an error? You own the house, yes? And you don't live there. Sounds like an NPPR to me.

    I hope the rent that your ex is paying you is declared to revenue, and is adequate to pay for your costs as a landlord.

    Of course if you have joint ownership things are little more complex. But the solicitor who is handling the legal side of your separation should be advising you about that.


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    #3
    Yearning4Stormy
    Closed Accounts Posts: 129 ✭✭Yearning4Stormy


    Thank you for your reply, Mrs O'B. Some clarification below.
    Mrs OBumble wrote: »
    How do you conclude that it's an error? You own the house, yes? And you don't live there. Sounds like an NPPR to me.

    My ex-wife and I jointly own the (one and only) house. We have a legal separation agreement in place. I no longer live in the (one and only) house, but rent an apartment for myself.
    Mrs OBumble wrote: »
    I hope the rent that your ex is paying you is declared to revenue, and is adequate to pay for your costs as a landlord.

    My ex-wife does not pay me rent for the (one and only) house. I pay the mortgage on the (one and only) house. I am not a landlord to anyone.
    Mrs OBumble wrote: »
    Of course if you have joint ownership things are little more complex. But the solicitor who is handling the legal side of your separation should be advising you about that.

    Yes, we own the (one and only) house jointly.

    Further reading from https://www.nppr.ie/faq.aspx#fk12 has left me flummoxed.
    I'm divorced/separated - am I liable to pay the charge?

    If a person is divorced or separated (judicial separation agreement having been granted) he or she will not be liable to pay the charge where he or she resides in what used to be the family home as his or her principal private residence. Where the other party to the divorce or separation agreement does not reside in the original family home but retains an interest in the ownership of the property on foot of the divorce or separation agreement, the Act provides that this person will not be liable for the charge in respect of that property.
    Essentially, if I'm reading the entire FAQ rightly, if someone (with a single property in their name, the family home) must leave due to a marriage breakdown and they do not have a JS or divorce in place, they are liable for NPPR because it's not their primary residence?

    This country. </smh>


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    #4
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    You are not liable OP, see the FAQ on nppr.ie where your situation is outlined. Simply contact your local Council and inform them of your situation.

    Cross posts. Yes it has to be a legal separation.


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    #5
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Yearning4Stormy wrote: »
    Thank you for your reply, Mrs O'B. Some clarification below.



    My ex-wife and I jointly own the (one and only) house. We have a legal separation agreement in place. I no longer live in the (one and only) house, but rent an apartment for myself.



    My ex-wife does not pay me rent for the (one and only) house. I pay the mortgage on the (one and only) house. I am not a landlord to anyone.



    Yes, we own the (one and only) house jointly.

    Further reading from https://www.nppr.ie/faq.aspx#fk12 has left me flummoxed.

    Essentially, if I'm reading the entire FAQ rightly, if someone (with a single property in their name, the family home) must leave due to a marriage breakdown and they do not have a JS or divorce in place, they are liable for NPPR because it's not their primary residence?

    This country. </smh>

    Yep you've got it right, you are not liable as your family live there


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    #6
    Yearning4Stormy
    Closed Accounts Posts: 129 ✭✭Yearning4Stormy


    Cheers, MouseTail and Stheno.

    My own situation aside, I always assumed the NPPR was for a second home (holiday home, whatever). Apparently not. So my question from my last post still stands (in the interests of discussion).

    In the event of a marriage breakdown (where a JS or divorce is not in place), the party who leaves the "primary residence" is liable for NPPR?

    Actually, here's a hypothetical: suppose two siblings buy a house together (joint mortgage, no other residence(s)). After some time, Sibling A meets the man or woman of their dreams and moves in with them. Is he or she liable for NPPR on the original property?

    I feel like I'm missing something. Or the stealth tax(es) are worse than I imagined.


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    #7
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    NPPR is not just for second homes, it is for any property you own which you do not reside in, regardless if you own any other property. Yes, the sibling not residing in the property is liable for the charge. Yes, if there is no legal separation agreement, the spouse who no longer resides there is liable.


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    #8
    garhjw
    Closed Accounts Posts: 1,424 ✭✭✭garhjw


    OP, you are not liable as others have said. I would recommend responding by email or registered post. From my experience, there is no point trying to speak to someone on the phone due to an extremely high level of incompetence in local councils.


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    #9
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    Yearning4Stormy wrote: »
    My own situation aside, I always assumed the NPPR was for a second home (holiday home, whatever).

    I feel like I'm missing something. Or the stealth tax(es) are worse than I imagined.


    Assumptions make an ass out of u and me.

    Wealth taxes are a fact of life in many socialist countries.


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    #10
    Marcusm
    Registered Users Posts: 10,339 ✭✭✭✭Marcusm


    Mrs OBumble wrote: »
    Assumptions make an ass out of u and me.

    Wealth taxes are a fact of life in many socialist countries.

    Indeed, including statements such as this:

    "I hope the rent that your ex is paying you is declared to revenue, and is adequate to pay for your costs as a landlord."


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