Prolonged pain for retailers in ATM business rates battle

6 June 2019

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The long running dispute between retailers and the Valuation Office Agency (VOA) over business rates on ATM cash machines has been further prolonged.

The UK Supreme Court has allowed the VOA’s petition of appeal against its defeat at the Court of Appeal in November last year, which ruled that ATMs should not be separately assessed for business rates.

Huw Jones, Associate Director with Cooke & Arkwright’s Business Rates department said, “The decision to allow the appeal is very disappointing. Retailers had celebrated when the Court of Appeal ruled that all ATMs, both inside and outside stores, should not attract separate assessments. This would remove liability back to 2010 making them eligible for huge refunds.

“This appeal by the VOA could drag on for another two years, prolonging uncertainty in a sector that is already suffering badly.

“If the VOA wins its appeal, we could see widespread loss of ATMs, something that would adversely impact disadvantaged communities and rural areas.

“It also puts other types of concessions at risk, such as lottery terminals, photo booths and vending machines.”

Cooke & Arkwright has advised Network Rail on a wide variety of development sites in South Wales from Mon Bank in Newport to Radyr Sidings in Cardiff. They bring a high level of commitment, technical expertise and knowledge to the successful disposal of complicated development sites."

Stuart Kirkwood, Development Director, Network Rail