St Vincent de Paul Society NSW – Shop

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  • #24502
    Peter ODonnell
    Participant

      Junee Shire

      We have again received a request from St Vincent de Paul Society NSW to have their shop premises made exempt from rating.

      This is what we received


      As part of our ongoing property audits, we have observed that several of our properties are being charged Residential Land Rate – council rates. As per our understanding as a charity not-for-profit organisation we should be exempt from all rates, except waste, water and sewer consumption and other levies depending on each council’s policy,

      Council have at least twice in the past refused similar requests as they believe it is a commercial enterprise.

      NOTE: They are charged Business rates not Residential as stated in the request.

      Any thoughts or what does your Council do with these Op Shops run by religious or not for profit bodies.

      Thanks.

      #24517
      Jo-louise Brown
      Participant

        Cobar Shire

        We have received a similar request from them.
        We exempt General rates but they are now asking for Water & Sewer as well.

        #24526
        Anthony Egan
        Participant

          We received a letter in early December asking for their water and sewer access (connections) charge to made exempt. We responded to their request with the following and have received no further correspondence.

          “Council’s water and sewer charges are levied in accordance with sections 501 and 502 of the Local Government Act 1993.

          Section 502 deals with charges for actual use of services as opposed to annual charges. It should be notes that a charge for actual use of service is not linked to the fact that a land is rateable or non-rateable. Accordingly, no land is exempt from user charges made under section 502.

          Some land is exempt from all rates, other than water supply special rates and sewerage special rates, via section 556. However, land under this section is not exempt from annual charges made under section 501.”

          Councils may exempt some land and bodies from water supply special rates and sewerage special rates under section 558 which includes a public charity. As our water and sewerage charges are not levied as special rates this section is not relevant.

          However, Council does provide general rate exemption for the property, under section 556(1)(h) as the land belongs to a public benevolent institution or public charity and is used or occupied by the institution or charity for the purposes of the institution or charity.

          #24528
          Peter ODonnell
          Participant

            Junee Shire

            Thanks for the replies.

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