FrancophonIA/JRC-Acquis_subcorpus_EL-FR_Hunalign_aligned-TMX huggingface dataset:
Greek: 6. "Business rates" are a UK property tax levied on non-domestic property [1]. Its aim is to contribute towards the cost of services provided by Local Authorities [2]. The primary regulation on non-domestic rating in England and Wales is the Local Government Finance Act ("LGFA") 1988 [3]. In addition, a number of statutory instruments govern the implementation of the system.
French: 6. "Business rates" are a UK property tax levied on non-domestic property [1]. Its aim is to contribute towards the cost of services provided by Local Authorities [2]. The primary regulation on non-domestic rating in England and Wales is the Local Government Finance Act ("LGFA") 1988 [3]. In addition, a number of statutory instruments govern the implementation of the system.
Greek: 7. Most properties are entered on so-called "Local Rating Lists", i.e. the rating lists of the authorities in whose territory the properties are located. However, since properties such as telecommunications infrastructure extend beyond the boundaries of a single local authority, their valuations are typically entered on the so-called "Central Rating List", which exists for England and Wales [4]. The rate payments made are then redistributed to the local authorities in proportion to their populations.
French: 7. Most properties are entered on so-called "Local Rating Lists", i.e. the rating lists of the authorities in whose territory the properties are located. However, since properties such as telecommunications infrastructure extend beyond the boundaries of a single local authority, their valuations are typically entered on the so-called "Central Rating List", which exists for England and Wales [4]. The rate payments made are then redistributed to the local authorities in proportion to their populations.
Greek: 8. The tax rate, the so called "multiplier", which applies equally to all business properties, is determined annually by the Secretary of State [5] and applies equally to all operators. It was set at 44,4 % of the rateable hereditament [6] for the fiscal year 2003/4 [7].
French: 8. The tax rate, the so called "multiplier", which applies equally to all business properties, is determined annually by the Secretary of State [5] and applies equally to all operators. It was set at 44,4 % of the rateable hereditament [6] for the fiscal year 2003/4 [7].
Greek: 9. The base of this tax, the so called "rateable values" in England and Wales, are determined by the Valuation Office Agency ("VOA"), an executive agency of the Inland Revenue, part of central government [8]. The VOA is responsible for valuing the assets and including them on the "Rating Lists". Revaluations are held every five years, so the rateable values determined on 1 April 1998 (so called "antecedent valuation date") apply to the current five year period of 2000-05. Valuations completed on 1 April 2003 will apply for the next period of 2005-10 [9].
French: 9. The base of this tax, the so called "rateable values" in England and Wales, are determined by the Valuation Office Agency ("VOA"), an executive agency of the Inland Revenue, part of central government [8]. The VOA is responsible for valuing the assets and including them on the "Rating Lists". Revaluations are held every five years, so the rateable values determined on 1 April 1998 (so called "antecedent valuation date") apply to the current five year period of 2000-05. Valuations completed on 1 April 2003 will apply for the next period of 2005-10 [9].
Greek: 10. The property unit as valued for rating purposes is called the "rateable hereditament" and includes land, buildings and rateable plant and machinery [10]. Liability for the rates falls on the person in occupation of the rateable hereditament, i.e. the person who is in "paramount control" of the assets. According to the VOA, there has to be an actual, exclusive and non transient occupation, which brings commercial benefits to the occupier [11]. According to the complainant, in relation to rateable occupation of buildings, which constitute the majority of UK rateable hereditaments, the test is "he who turns on the lights pays the rates".
French: 10. The property unit as valued for rating purposes is called the "rateable hereditament" and includes land, buildings and rateable plant and machinery [10]. Liability for the rates falls on the person in occupation of the rateable hereditament, i.e. the person who is in "paramount control" of the assets. According to the VOA, there has to be an actual, exclusive and non transient occupation, which brings commercial benefits to the occupier [11]. According to the complainant, in relation to rateable occupation of buildings, which constitute the majority of UK rateable hereditaments, the test is "he who turns on the lights pays the rates".
Greek: 2.2. Rating of telecommunications
French: 2.2. Rating of telecommunications
Greek: 11. Business rates are also levied on telecommunications infrastructure. The Plant and Machinery Regulation ("Regulation") 2000 [12] stipulates that plant and machinery that are rateable for telecommunications infrastructure are "cables, fibres, wires, conductors or any system of such items, or any part of such items or such system, used or intended to be used in connection with the transmission of communications signals, and which are considered in the equipment of and are situated within premises" [13]. Plants and machinery not specifically described in the Regulation, such as for example telecommunications switching and transmission equipment, are not rateable [14].
French: 11. Business rates are also levied on telecommunications infrastructure. The Plant and Machinery Regulation ("Regulation") 2000 [12] stipulates that plant and machinery that are rateable for telecommunications infrastructure are "cables, fibres, wires, conductors or any system of such items, or any part of such items or such system, used or intended to be used in connection with the transmission of communications signals, and which are considered in the equipment of and are situated within premises" [13]. Plants and machinery not specifically described in the Regulation, such as for example telecommunications switching and transmission equipment, are not rateable [14].
Greek: 12. Telecommunications property has been subject to business rates since 1855 when telegraph poles on railways were deemed to be liable for rates [15], to be followed in 1969 by the telephones belonging to the Post Office ("PO") [16]. Following the split-up of the PO and the privatisation of BT in 1984, this tax was also levied on the latter's infrastructure, as well as on that of Mercury Communications [17], BT's only competitor during the duopoly situation of the 1980s. Initially, the tax amount payable was determined by applying a prescribed "standard formula" [18].
French: 12. Telecommunications property has been subject to business rates since 1855 when telegraph poles on railways were deemed to be liable for rates [15], to be followed in 1969 by the telephones belonging to the Post Office ("PO") [16]. Following the split-up of the PO and the privatisation of BT in 1984, this tax was also levied on the latter's infrastructure, as well as on that of Mercury Communications [17], BT's only competitor during the duopoly situation of the 1980s. Initially, the tax amount payable was determined by applying a prescribed "standard formula" [18].
Greek: 13. When the telecommunications industry was gradually opened up to competition starting in 1992, the tax was levied on all telecommunications infrastructure, including that belonging to cable television companies, public utilities and other competitive providers entering the telecom market. The LGFA 1988 laid down the legal basis of the system, which foresaw a valuation of rateable hereditament, with a possibility to appeal, to determine the base of the business rates tax [19].
French: 13. When the telecommunications industry was gradually opened up to competition starting in 1992, the tax was levied on all telecommunications infrastructure, including that belonging to cable television companies, public utilities and other competitive providers entering the telecom market. The LGFA 1988 laid down the legal basis of the system, which foresaw a valuation of rateable hereditament, with a possibility to appeal, to determine the base of the business rates tax [19].
Greek: 14. As new technological solutions appeared, those too were submitted to the business rates tax regime. For instance, fibre optic long distance and metropolitan area networks were added in the late 1990s [20]. Fibre optic services involve three different levels of assets: (i) the duct, (ii) the "dark" fibre and (iii) the "lit" fibre. It is the current policy of the VOA to only rate fibres from when they are lit and carry traffic. Ducts are rateable items, but only when used or intended to be used in connection with fibres, wires and cables. Consequently, empty ducts and dark (unlit) fibres are not rated.
French: 14. As new technological solutions appeared, those too were submitted to the business rates tax regime. For instance, fibre optic long distance and metropolitan area networks were added in the late 1990s [20]. Fibre optic services involve three different levels of assets: (i) the duct, (ii) the "dark" fibre and (iii) the "lit" fibre. It is the current policy of the VOA to only rate fibres from when they are lit and carry traffic. Ducts are rateable items, but only when used or intended to be used in connection with fibres, wires and cables. Consequently, empty ducts and dark (unlit) fibres are not rated.
Greek: 2.3. Valuation
French: 2.3. Valuation
Greek: 15. The LGFA 1988 laid down the legal basis of the system to be applied in the new market environment. Schedule 6 of the Act foresees a valuation of rateable hereditament to determine the base of the business rates tax. The objective of the valuation is to make a proportionate assessment of the annual rental value for a property if it is available on the market [21]. If rental evidence is not available, the objective is to calculate the amount a hypothetical tenant would pay in rent to a hypothetical landlord for the actual hereditament.
French: 15. The LGFA 1988 laid down the legal basis of the system to be applied in the new market environment. Schedule 6 of the Act foresees a valuation of rateable hereditament to determine the base of the business rates tax. The objective of the valuation is to make a proportionate assessment of the annual rental value for a property if it is available on the market [21]. If rental evidence is not available, the objective is to calculate the amount a hypothetical tenant would pay in rent to a hypothetical landlord for the actual hereditament.
Greek: 16. Since a specific method for valuing telecommunications networks is not prescribed, the VOA has a choice of four methods for calculating the "rateable value" of assets. According to the VOA, there is an accepted hierarchy between the possible methods depending on the individual circumstances and the evidence available:
French: 16. Since a specific method for valuing telecommunications networks is not prescribed, the VOA has a choice of four methods for calculating the "rateable value" of assets. According to the VOA, there is an accepted hierarchy between the possible methods depending on the individual circumstances and the evidence available:
Greek: (a) First, if there is rental evidence of the property then the "Rental" method is to be used, i.e. the price at which the property is let.
French: (a) First, if there is rental evidence of the property then the "Rental" method is to be used, i.e. the price at which the property is let.
Greek: (b) Second, if direct rental evidence is not available, a comparison with the rental evidence of other comparable properties can be made. This method is called "Tone of the List", basically referring to a benchmarking exercise.
French: (b) Second, if direct rental evidence is not available, a comparison with the rental evidence of other comparable properties can be made. This method is called "Tone of the List", basically referring to a benchmarking exercise.
Greek: (c) Third, a "Receipts and Expenditure"("R%amp%E") method is to be applied for properties which are seldom let, typically utilities. It calculates the hypothetical annual rental value by examining the receipts and expenditures to arrive at a net profit, the so called "divisible balance". The rateable value is determined by deducting the return required by a tenant on his capital ("tenant's share") from the divisible balance to arrive at the hypothetical rent ("landlord's share") [22].
French: (c) Third, a "Receipts and Expenditure"("R%amp%E") method is to be applied for properties which are seldom let, typically utilities. It calculates the hypothetical annual rental value by examining the receipts and expenditures to arrive at a net profit, the so called "divisible balance". The rateable value is determined by deducting the return required by a tenant on his capital ("tenant's share") from the divisible balance to arrive at the hypothetical rent ("landlord's share") [22].
Greek: (d) Fourth, one can resort to the "Contractor's Basis" method. This method arrives at the rental value by estimating the decapitalised [23] costs of constructing a similar hereditament adjusted for age and obsolescence, by looking at the cost of the capital which would need to be raised to finance the build-out, i.e. the interest that one would need to pay for a loan or the foregone interest if one's own capital is used [24].
French: (d) Fourth, one can resort to the "Contractor's Basis" method. This method arrives at the rental value by estimating the decapitalised [23] costs of constructing a similar hereditament adjusted for age and obsolescence, by looking at the cost of the capital which would need to be raised to finance the build-out, i.e. the interest that one would need to pay for a loan or the foregone interest if one's own capital is used [24].
Greek: 3. DESCRIPTION OF THE MEASURE
French: 3. DESCRIPTION OF THE MEASURE
Greek: 3.1. British Telecommunications
French: 3.1. British Telecommunications
Greek: Valuations
French: Valuations
Greek: 17. 1995-2000 period: The VOA applied the "Receipts and Expenditure" method to BT. Accordingly, BT's tax liability for the period of 1995-2000 was determined by a valuation based on the "R%amp%E" method undertaken by the VOA, as subsequently adjusted following a negotiated settlement with BT who appealed against the original valuation at the Central London Valuation Tribunal, which is a technical tribunal. The case was also due to be heard by the Lands Tribunal, a UK court, when BT and the VOA reached a settlement.
French: 17. 1995-2000 period: The VOA applied the "Receipts and Expenditure" method to BT. Accordingly, BT's tax liability for the period of 1995-2000 was determined by a valuation based on the "R%amp%E" method undertaken by the VOA, as subsequently adjusted following a negotiated settlement with BT who appealed against the original valuation at the Central London Valuation Tribunal, which is a technical tribunal. The case was also due to be heard by the Lands Tribunal, a UK court, when BT and the VOA reached a settlement.
Greek: 18. The detailed inputs into the economic model forming the basis of the original valuation by the VOA using the "R%amp%E" method and the content of the subsequent adjustments made following the negotiations with BT (who have constructed their own model based on the "Contractor's basis" method) are at this stage not available to the Commission and their transmission necessitates, according to the UK authorities, BT's consent. The outcome was an agreement between the VOA and BT, which set the rateable value of BT's assets at GBP 470 million for the fiscal year 1995/96 [25]. Applying the 1995/96 multiplier of 43,2 % to this rateable value, BT's tax liability is estimated to equal about GBP 203 million for this period, which represented approximately 2 % of BT's relevant annual revenues [26].
French: 18. The detailed inputs into the economic model forming the basis of the original valuation by the VOA using the "R%amp%E" method and the content of the subsequent adjustments made following the negotiations with BT (who have constructed their own model based on the "Contractor's basis" method) are at this stage not available to the Commission and their transmission necessitates, according to the UK authorities, BT's consent. The outcome was an agreement between the VOA and BT, which set the rateable value of BT's assets at GBP 470 million for the fiscal year 1995/96 [25]. Applying the 1995/96 multiplier of 43,2 % to this rateable value, BT's tax liability is estimated to equal about GBP 203 million for this period, which represented approximately 2 % of BT's relevant annual revenues [26].
Greek: 19. 2000-2005 period: For the 2000 revaluation, applicable for the period of 2000-2005, the VOA settled BT's asset valuation at GBP 493 million [27]. The 2000 value was based on the principles and values agreed at the same time the 1995 list agreement was concluded [28].
French: 19. 2000-2005 period: For the 2000 revaluation, applicable for the period of 2000-2005, the VOA settled BT's asset valuation at GBP 493 million [27]. The 2000 value was based on the principles and values agreed at the same time the 1995 list agreement was concluded [28].
Greek: Revisions
French: Revisions
Greek: 20. In principle, a review of the system only takes place every five years. According to the UK authorities, when applying the "R%amp%E" method to BT, economic modelling was used to estimate the prospects of changes to the level of receipts over a period of five years, and an "equated" level of receipts and expenditure was estimated as being representative of the five year period. This increased the level of certainty regarding BT's tax liabilities, as highlighted by the fact that the 1995 valuation also served as a basis for determining the 2000 values and as such conferred a de facto 10 year certainty upon BT.
French: 20. In principle, a review of the system only takes place every five years. According to the UK authorities, when applying the "R%amp%E" method to BT, economic modelling was used to estimate the prospects of changes to the level of receipts over a period of five years, and an "equated" level of receipts and expenditure was estimated as being representative of the five year period. This increased the level of certainty regarding BT's tax liabilities, as highlighted by the fact that the 1995 valuation also served as a basis for determining the 2000 values and as such conferred a de facto 10 year certainty upon BT.
Greek: 21. Moreover, subsequent downward revisions have been made to the 1995 valuation, to reflect the loss of market share of the company in the UK fixed telecommunications market resulting from the physical roll-out of competing telecommunications systems. In practice, these revisions meant for instance a decrease of an estimated 22 % in the value of the rateable hereditament in 1999/00 compared to 1995/96, resulting in a reduction in BT's tax liability over the same period. According to the authorities, such revisions are in line with the LGFA 1988 provisions which allow alterations to reflect changes in the physical state and enjoyment of the network [29]. To the Commission's knowledge, no similar upward adjustment has been made to reflect possible extensions or upgrades of the network.
French: 21. Moreover, subsequent downward revisions have been made to the 1995 valuation, to reflect the loss of market share of the company in the UK fixed telecommunications market resulting from the physical roll-out of competing telecommunications systems. In practice, these revisions meant for instance a decrease of an estimated 22 % in the value of the rateable hereditament in 1999/00 compared to 1995/96, resulting in a reduction in BT's tax liability over the same period. According to the authorities, such revisions are in line with the LGFA 1988 provisions which allow alterations to reflect changes in the physical state and enjoyment of the network [29]. To the Commission's knowledge, no similar upward adjustment has been made to reflect possible extensions or upgrades of the network.
Greek: 3.2. Kingston Communications
French: 3.2. Kingston Communications
Greek: 22. Kingston Communications (Hull) plc is the incumbent telecommunications operator in the region of Hull [30]. During the privatisation of the telecommunications networks in the UK in the late 1980s, the network in Hull remained State owned and the property of the municipality. Part of it was then sold to the public in 1999 with the Hull City Council remaining the only substantial single shareholder [31].
French: 22. Kingston Communications (Hull) plc is the incumbent telecommunications operator in the region of Hull [30]. During the privatisation of the telecommunications networks in the UK in the late 1980s, the network in Hull remained State owned and the property of the municipality. Part of it was then sold to the public in 1999 with the Hull City Council remaining the only substantial single shareholder [31].
Greek: 23. The Commission has at this stage no information about the results of its valuation and hence the taxes it has been liable for. However, according to the UK authorities, the only other operator valued by the full "R%amp%E" method since 1995 is Kingston Communications in Hull.
French: 23. The Commission has at this stage no information about the results of its valuation and hence the taxes it has been liable for. However, according to the UK authorities, the only other operator valued by the full "R%amp%E" method since 1995 is Kingston Communications in Hull.
Greek: 3.3. Vtesse
French: 3.3. Vtesse
Greek: 24. Vtesse is a "fibre to the business" service provider offering high-capacity retail leased lines, currently ranging from 25Mbits/s to 32Mbits/s, mainly supplied to large corporate users.
French: 24. Vtesse is a "fibre to the business" service provider offering high-capacity retail leased lines, currently ranging from 25Mbits/s to 32Mbits/s, mainly supplied to large corporate users.
Greek: 25. According to Vtesse, these products de facto compete with BT's 10Mbits/s and above leased line offers. In order to connect its customers, Vtesse leases "dark" fibre from other backbone operators and complements this with their own built infrastructure. The property rented, i.e. the dark fibre, which is then lit, is included in the "rateable hereditament" of Vtesse. The VOA has decided to rate Vtesse based on the "Tone of the List" method which establishes the "rateable value" of a kilometre of fibre route (consisting of a fibre pair), which is then applied each time new fibre is rented and lit. This is the method generally used for other competitive providers as well.
French: 25. According to Vtesse, these products de facto compete with BT's 10Mbits/s and above leased line offers. In order to connect its customers, Vtesse leases "dark" fibre from other backbone operators and complements this with their own built infrastructure. The property rented, i.e. the dark fibre, which is then lit, is included in the "rateable hereditament" of Vtesse. The VOA has decided to rate Vtesse based on the "Tone of the List" method which establishes the "rateable value" of a kilometre of fibre route (consisting of a fibre pair), which is then applied each time new fibre is rented and lit. This is the method generally used for other competitive providers as well.