Sandra McLellan (Cork East, Sinn Fein)
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31. To ask the Minister for Finance the process for persons who over valued their homes for the purpose of the local property tax in order to submit the correct assessment for next year; and if he will make a statement on the matter. [43318/13]

Michael Noonan (Limerick City, Fine Gael)
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The Finance (Local Property Tax) Act 2012 (as amended) sets out how the tax is to be administered and how a residential property is to be valued for Local Property Tax (LPT) purposes. I am informed by Revenue that, as LPT is a self-assessed tax, it is a matter for the property owner to calculate the tax due based on an assessment of the market value of the property. For the purposes of LPT, values for properties under €1 million are organised into valuation bands, with a range of €50,000 in each band. As property owners were not required to provide a precise value for their property as at 1 May 2013, it is anticipated that, for the most part, overpayments of LPT should not happen. The initial valuation of a property on 1 May 2013, assuming it was made in good faith, is valid up to and including 2016. I am also informed that the Revenue estimates, which issued to property owners with the LPT 1 Return were not based on a valuation of properties and should not be regarded as a calculation of the amount of LPT due. The estimate only comes into play where a property owner does not submit a Return or contact Revenue to say why he/she is not liable.

On the specific case to which the Deputy refers, I am informed by Revenue that the person in question submitted her LPT 1 Return on 8 April 2013 and clearly indicated Band 4 as the appropriate valuation band for her property. The LPT liability for the 2013 half year for a Band 4 property is €202 and the person in question is meeting her obligations on a phased basis through one of the payment service providers. Notwithstanding the expectation that in general overpayments of LPT should not happen, Revenue has confirmed to me that if a liable person has genuinely overpaid the tax through an error or mistake, then Section 26 of the 2012 Act (as amended) provides that a claim for a refund of the overpayment can be made to Revenue. If that is the case for the person in question, she should write to LPT Branch, Government Buildings, Ennis, Co Clare, clearly setting out how the overpayment happened. The person will need to also provide supporting documentation to explain or prove the need to decrease her original valuation. Once the relevant documentation is received LPT Branch will make direct contact with the person. Should it transpire that the person did in fact overpay the 2013 liability then it will be possible to offset some or all of the overpayment to the 2014 liability or make a repayment.