Michael McGrath (Cork South Central, Fianna Fail)
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130. To ask the Minister for Finance the person or body that is the liable party in respect of the local property tax in circumstances in which a receiver has been appointed to a property; if the liable person differs depending on whether the borrower has consented to the appointment of the receiver or the receiver has been formally appointed in line with the statutory provisions; and if he will make a statement on the matter. [53089/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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I am advised by Revenue that under the Finance (Local Property Tax) Act 2012 (as amended), the person who is the liable person on the liability date for a particular year is the person who is responsible for the payment of Local Property Tax (LPT) for that year. Thus, for example, the person who is the liable person on 1 November 2017 is responsible for the payment of LPT for the year 2018.

In general, the owner of a residential property is the liable person and continues to be so notwithstanding the appointment of a receiver. However, where a financial institution enforces its security over a property by taking possession of the property, the financial institution, as a ‘mortgagee in possession’, displaces the owner of the property as the liable person.

While a receiver is not a liable person under the Finance (Local Property Tax) Act 2012 (as amended), it can happen that he or she may assume responsibility for payment of LPT in accordance with the terms of the deed or mortgage between the property owner and the financial institution or the terms under which the receiver is appointed. It is, therefore, not possible to give a definitive answer on this point.