Household tax

[Banjaxed]

I think a load of people will hold off and take the extra €10 add-on, and risk prosecution just to see how this one pans out. As I've said before, they're not going to let it go. I'd say they'll make an example out of a few people and then EVERYONE will pay.

[experiencedguy]

The household charge is a Statute, otherwise known as an Act of Government, and only carries the force of law upon you if you consent to it. This means that you are legally obliged to pay it if you register. If you don't consent and don't register a Statute cannot affect you in any way whatsoever.
If you register for this "charge" you are consenting to this statute i.e.: signing the contract. This is why the Government are ASKING the people to register and not just billing.

This is true, as far as I'm aware.

If I am forced to pay, I will pay the percentage of the tax proportional to the amount of the house that I own. I will tell the bank to furnish the rest of the amount. I'm not sure this will work, but it's begging for a test case.

[Banjaxed]

I'm sure that it will be challenged, and possibly could be challenged on grounds of proportionality but property taxes have been previously declared constitutional by the Supreme Court in Madigan v Attorney-General[1986] ILRM 136 on the basis that:

1. The plaintiffs had no standing (locus standi)i to advance hypothetical arguments, and were limited to showing how they themselves were prejudiced by the impugned tax.
2. Article 40.1 of the Constitution guarantees citizens their equality as human persons, and the plaintiffs could not establish that a tax on the ownership and occupation of land discriminated against them as human persons.
3. When examining the constitutionality of a taxation law the court does not enquire into the policy or effectiveness of the statute, but recognises the duty of the State to impose taxation, which necessarily interferes with the property rights of affected citizens
4. A tax on the occupation of property does not infringe any personal right to equality, nor is such a tax, imposed with reference to a high market value, offensive to principles of justice or fair play.
5. It is legitimate to impose a tax on the occupation of property, even if the occupier is not the freehold owner and enjoys only a small income, for taxation is inherently an interference with property and frequently discriminatory, though not unreasonable or arbitrary.
6. Even if a tax produces hardship, difficulty in making payment is not a ground for challenging its validity.

So as far as constitutionality is concerned, the Oireachtas does enjoy a huge amount of power in terms of passing legislation on the basis of the "common good", although potentially the issue of it being a flat rate charge is one which might have some room to at least get someone leave to challenge it.

Also, needless to say, you cannot opt in or out of statute or delegated legislation.

[BIG BEN]

Am not paying it it's time the people stood up to the government and show them they won't be walked on if they get away with this things will only get worse!!!

[mr gear]

Would you prefer see a girl for half hour or pay the 100 euro household charge ..i know what im doin !!!!!

[Doozer]

The bank owns my house
They can pay my tax

[MrBump]

Everyone will have to pay at the end! That minister is over 20 years in politics and he's not going to get shitcanned over it so he'll just change every law required to get it and he'll say his hands are tied by IMF!
I paid coz I thought it may affect credit rating later on

[fiatpunter]

The majority kept FF in power for 15 (?) years

And now the majority wants to not pay the household charge which is a small measure to try and bridge the gap in the nations finances.

I'm in the minority again.

(It's not an either punt-or-pay for me so i don't have that decision to make lol)

[ber]

The bank owns my house
They can pay my tax

This appears to be a common misconception with many people that have a mortage with a bank on a house.
The bank DOES NOT OWN YOUR HOUSE u own ure house, the deeds are in your name, what has happened
is that u have put u the deeds as collaterol for the loan u recieved. In case of u defaulting on that loan the
bank has the right to go to court to enforce the agreement u entered into.
So as the property belongs to u its u and u alone that are responsible for any bills accrued due to the ownership
of the property, just because u may owe the bank an amount of money corresponding or in excess of the value
of ure house does not make it the banks property.What u have done is put a Mortage on the property not handed
over ownership

[Doozer]

This appears to be a common misconception with many people that have a mortage with a bank on a house.
The bank DOES NOT OWN YOUR HOUSE u own ure house, the deeds are in your name, what has happened
is that u have put u the deeds as collaterol for the loan u recieved. In case of u defaulting on that loan the
bank has the right to go to court to enforce the agreement u entered into.
So as the property belongs to u its u and u alone that are responsible for any bills accrued due to the ownership
of the property, just because u may owe the bank an amount of money corresponding or in excess of the value
of ure house does not make it the banks property.What u have done is put a Mortage on the property not handed
over ownership

That was sarcasim,Ber, I have never heard anyone who said that who actually ment it seriously