Lawbite: Court of Appeal outlaws business rates box shifting scheme
August 04, 2026
Lawbite: Court of Appeal outlaws business rates box shifting schemeAugust 04, 2026 The Court of Appeal has closed down a popular business rates avoidance scheme. This decision applies to business rates law in England. The court ruled that storing boxes of worthless items in vacant offices does not amount to genuine occupation. This means the scheme no longer works to reduce business rates bills. The ruling matters most to commercial landlords, property owners, rating surveyors and real estate lawyers who deal with empty property relief. What was the scheme?The case concerns offices at 2 America Square in the City of London. The building’s owner, 48th Street Holdings Limited (48th Street), used a business rates mitigation scheme designed by Principled Offsite Logistics Limited (POLL). POLL took a short lease of the empty units and placed boxes of worthless items inside for six weeks. It then left, and 48th Street claimed a fresh three month rates exemption. The cycle repeated, cutting the rates bill by around two thirds. Did it work?The City of London Corporation (the City) argued the scheme created no real rateable occupation. A Deputy High Court judge disagreed in May 2025. He followed an earlier case called POLL v Trafford and dismissed the City’s claim. The City then appealed to the Court of Appeal. The Court of Appeal has now overturned that decision and overruled POLL v Trafford. It ruled that occupation must have genuine value or benefit, not just the rates saving itself, in order to amount to rateable occupation.. The court relied on Rossendale, a 2021 Supreme Court case on a different rates mitigation scheme. Courts must read rates law purposively, so arrangements with no purpose other than avoiding a charge should not succeed. Key points
What should you do now?
Key contacts
Latest Insights
Latest News
Latest Events
client news November 06, 2026 Eversheds Sutherland advises Mercedes-Benz on European fast-charging partne... firm news November 05, 2026 Eversheds Sutherland hires partner Peter Cheng to lead Hong Kong ECM practi... firm news October 27, 2026 Eversheds Sutherland (International) announces senior leadership appointmen... firm news October 26, 2026 Eversheds Sutherland deepens fintech and regulatory bench with double partn... hybrid Europe Action Week 2026 Europe Action Week returns this November with a dynamic mix of events designed to help you navigate what’s next. virtual Dutch employment law training November 10, 2026 2.00pm - 5.00pm (GMT) Virtual virtual Strategic absence management November 11, 2026 9.30am - 12.30pm (GMT) Virtual virtual Belgian employment law training November 17, 2026 2.00pm - 5.00pm (GMT) Virtual |