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Land Tax (England)

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(Redirected from Land Tax Act 1791)

The Land Tax was a land value tax levied in England from 1670 to 1963: perhaps the best-known of these is the Land Tax Act 1692 (4 Will. & Mar. c. 1).[1] Land taxes were abolished by the Finance Act 1963. Taxes on land date back to the Norman Conquest and beyond, and the Land Tax introduced in 1692 was a natural successor to taxation acts in 1671 and 1689, but the Land Tax Act 1692 "has been regarded as a turning point in the history of English revenue collection. It was from this act that contemporaries and historians alike date what has come to be known as the eighteenth-century Land Tax".[1] The land tax elements of the 1671, 1689 and 1692 acts were limited to one year but the 1798 act made the tax perpetual (until it was abolished in 1963).[2]

A Land Tax had also applied in Scotland from 1667.[3][4] After the Acts of Union 1707, the Scottish charge was included in subsequent acts of the Parliament of Great Britain.

Subsidy Act 1670/71 (22 & 23 Cha. 2. c. 3)

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Subsidy Act 1670
Act of Parliament
Long titleAn Act for granting a Subsidy to his Majestie for Supply of his Extraordinary Occasions.
Citation22 & 23 Cha. 2. c. 3
Dates
Royal assent6 March 1671
Repealed28 July 1863
Other legislation
Repealed byStatute Law Revision Act 1863
Status: Repealed
Text of statute as originally enacted

The Subsidy Act 1670 (22 & 23 Cha. 2. c. 3), "An Act for granting a Subsidy to his Majestie for Supply of his Extraordinary Occasions", was enacted in the reign of Charles II.[5] This act was described by Cecil Chandaman as "the product of the hardest and most constructive thinking by the Commons on the subject of direct taxation during the Restoration period".[6] Beckett calls it "an attempt to resurrect and renovate the basic principle of the old subsidy which national wealth would be assessed at a pound rate", and thus the precursor of the 1689 and 1692 acts.[1]: 292  Among the many revenue-raising elements, section IX specifies that "Lands, Mines, &c. to pay 12d. in the Pound of the yearly Value for one Year".[5][a]

Land Tax Act 1688 (1 Will. & Mar. c. 20)

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Land Tax Act 1688
Act of Parliament
Long titleAn Act for a Grant to Their Majestyes of an Ayde of Twelve pence in the Pound for One Yeare for the necessary Defence of Their Realmes.
Citation1 Will. & Mar. c. 20
  • (Ruffhead: 1 Will. & Mar. Sess. 1. c. 20)
Dates
Royal assent22 June 1689
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted
Land Tax (Commissioners) Act 1688
Act of Parliament
Long titleAn Additionall Act for the Appointing Commissioners for the Executing an Act of this present Parliament Entituled An Act for a Grant to their Majestyes of an Ayde of Twelve Pence in the Pound for One Yeare for the necessary Defence of their Realmes.
Citation1 Will. & Mar. c. 31
  • (Ruffhead: 1 Will. & Mar. Sess. 1. c. 31)
Dates
Royal assent20 August 1689
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted
Land Tax Act 1691
Act of Parliament
Long titleAn Act for Granting an Aid to Their Majesties of the Summe of Sixteene hundred fifty one thousand seven hundred and two pounds eighteen shillings towards the Carrying on a Vigorous Warre against France.
Citation3 Will. & Mar. c. 5
Dates
Royal assent31 December 1691
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed

CAP XX An act for a grant to their Majesties of an aid of twelve pence in the pound for one year for the necessary of defence of their realms.

... shall pay unto their Majesties the sum of twelve pence for twenty shillings by the year which the said manors messuages lands tenements hereditaments and other the premisses now worth to be leased if the same were truly and bona fide or leased at a rack rent and according to the full true value thereof without any respect had to the present rents reserved for the same if such rents have been reserved upon such leases or estates made for which any fine or income hath been paid or secured and without any respect had to any former rates or taxes thereupon imposed:

— 1 Will. & Mary c 20, 1689.[8]: 25 

The Land Tax Act 1688 (1 Will. & Mar. c. 20) aimed to capture income from all sources: business, employment and land (the main source of wealth in the seventeenth century and for many years afterwards). In a sense, it was a general income tax, although income was not itself assessed. The state lacked the administrative machinery to measure actual income. Instead, income was calculated indirectly by reference to the deemed yield from the capital value of assets, to which was applied a rate of twelve pence (one shilling) in the pound (5%). However, despite this, it soon proved impracticable to collect much tax from business and employment, and the main yield of the tax came from the charges on land. Hence before long, the tax came to be called the Land Tax, and the annual Land Tax acts used this name. The business and employment charges lingered on, and were repealed by 1877.[citation needed]

The charge on land in 1689 depended on a valuation of all property throughout the country to find its open market rental value. That value was the income subject to the tax. Because, no doubt, of the difficulty and expense of valuation, the same values were used in subsequent years. As time passed the original valuation become increasingly unrealistic and, moreover, the relative value of property in different areas changed, especially as the Industrial Revolution got underway. Poor land in places that became major powerhouses increased hugely in value. Surprisingly, however, there was never another valuation in the entire 271-year history of Land Tax, even though it was re-enacted annually until 1798, when it was made permanent. Naturally, there were many complaints over the years about the unfair incidence of the tax, but MPs for the lightly taxed areas resisted reform.[citation needed]

Land Tax Act 1692 (4 Will. & Mar c. 1)

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Land Tax Act 1692
Act of Parliament
Long titleAn Act for granting to their Majesties an Aid of four shillings in the pound for one year, for carrying on a vigorous war against France.
Citation4 Will. & Mar. c. 1
Dates
Royal assent20 January 1693
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted
Land Tax Act 1693
Act of Parliament
Long titleAn Act for granting to Their Majesties an Aid of Foure Shillings in the Pound, for One yeare, for carrying on a vigorous War against France.
Citation5 Will. & Mar. c. 1
Dates
Royal assent25 January 1694
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted

The Land Tax Act 1692 (4 Will. & Mar. c. 1) is introduced simply as "an Act for granting to their Majesties an Aid of four shillings in the pound for one year, for carrying on a vigorous war against France",[9] but subsequently became known as one of the Land Tax Acts.[4] (Four shillings in the pound equates to 20% of imputed income based on the value of the asset.)


Land Tax Act 1697 (8 & 9 Will. 3. c. 6)

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Land Tax Act 1696
Act of Parliament
Long titleAn Act for granting an Aid to His Majesty as well by a Land Tax as by several Subsidies and other Duties payable for One Yeare.
Citation8 & 9 Will. 3. c. 6
Dates
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted
Land Tax Act 1698
Act of Parliament
Long titleAn Act for granting to His Majesty the Summ of One Million four hundred eighty four thousand and fifteene one Shilling eleaven Pence three Farthings for disbanding the Army providing for the Navy and for other necessary Occasions.
Citation10 Will. 3. c. 9
(Ruffhead: 10 & 11 Will. 3. c. 9)
Dates
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted
Land Tax Act 1710
Act of Parliament
Long titleAn Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Eleven.
Citation9 Ann. c. 1
Dates
Royal assent23 December 1710
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
Land Tax Act 1711
Act of Parliament
Long titleAn Act for granting an Aid to Her Majesty, to be raised by a Land Tax in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twelve.
Citation10 Ann. c. 1
Dates
Royal assent22 December 1711
Repealed15 July 1867
Other legislation
Repealed byStatute Law Revision Act 1867
Status: Repealed
Land Tax Act 1720
Act of Parliament
Long titleAn Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred Twenty-one.
Citation7 Geo. 1. St. 1. c. 4
Dates
Royal assent11 February 1721

The Land Tax Act 1696 (8 & 9 Will. 3. c. 6), "'An Act for granting an Aid to His Majesty as well by a Land Tax as by several Subsidies and other Duties payable for One Yeare",[10] the third of the 17th century Land Tax Acts, is the first to say so explicitly in its title. Despite the act levying a poll tax, income taxes and a variety of other taxes in addition to the land tax,[10] the tax raised just 87% of the 1693 yield.[1]: 294  In the Land Tax Act 1696, Land Tax became a quota tax. That is, after several years of falling yields, the government decided to abandon the attempt to measure assets. Instead, they raised a set sum from England and Wales based on the yield from the Land Tax Act 1692 (4 Will. & Mar. c. 1).[citation needed] That act imposed a tax at four shillings in the pound and raised about £2 million (about £438 million today).[b] The quota acts subsequently raised one of four sums depending on the budgetary requirements of the year: £2 million, £1.5 million, £1 million or £0.5 million using nominal rates of four shillings, three shillings, two shillings and one shilling. The rates were nominal because they were not used to calculate the annual amount. By the end of the eighteenth century, four shillings had become the usual rate.[citation needed]

The quota acts divided the total for England and Wales between towns and counties using the 1689 valuations, which were never revised. Land Tax acts thereafter listed each town and county by name together with the amount of quota due. The amounts due from each place only changed in proportion to the fixed sum for the whole country. For example, if the rate was four shillings a place might have to pay £10,000 out of the £2 million total. If the rate was two shillings, the total for the country became £1 million, and the place would have to pay £5,000. Unpaid local worthies were appointed by the acts to run the tax, and they split the total for their area down to parishes and individual properties in proportion to the 1689 valuations. Usually, the commissioners carried the same valuation for each property forward from one year to the next. After the Acts of Union 1707, the annual Land Tax Act also included a fixed sum for Scotland.

Land Tax Perpetuation Act 1798 (Great Britain)

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Land Tax Perpetuation Act 1798[11]
Act of Parliament
Long titleAn Act for making perpetual, subject to Redemption and Purchase in the Manner therein stated, the several Sums of Money now charged in Great Britain as a Land Tax for One Tear from the Twenty-fifth day of March One thousand seven hundred and ninety-eight.
Citation38 Geo. 3. c. 60
Other legislation
Amended byStatute Law Revision Act 1888

Nor was there a new valuation when the Land Tax Perpetuation Act 1798 (38 Geo. 3. c. 60) made the Land Tax permanent, although some MPs complained that the government was setting historic injustices in stone. Prime Minister William Pitt resisted a new valuation on the grounds that the 1692 figures had been used for over 100 years despite the annual opportunity for reevaluation when the tax was re-imposed.[citation needed] Parliament had had plenty of chances to reform, and had been content to continue the old system; so there was no reason to change now. In the midst of war, Pitt probably had no time to undertake a new valuation.[citation needed]

Land Tax was made permanent because Pitt devised a scheme to offer property owners the option to buy out ('redeem') future Land Tax by paying a lump sum. The government gave up its future stream of tax for an immediate capital payment. It was necessary for Land Tax to be converted from an annual tax into a permanent tax so there would be a permanent obligation that could be bought and sold. (Otherwise, property owners would be unlikely to pay a large lump sum to redeem a tax which might not be re-imposed in the future.) The scheme was a reasonable success. The annual Land Tax yield was then about £2 million (say £266 million today) and about a quarter was redeemed by the end of 1800, producing just over £9 million (say £918 million today) for the government. Over the next 50 years, only an additional £400,000 of Land Tax was redeemed, despite attempts to make the option more attractive. After 1800, the value of Land Tax to the government continued to decline, partly because of redemption and partly because of inflation.

For most of the eighteenth century, the bulk of government revenue came from customs and excise—taxes on everyday goods such as salt, candles, leather, beer, soap and starch, as well as luxury goods like wine, brandy, silks, gold and silver thread, silver plate, horses, coaches and hats.[citation needed] In the middle of the eighteenth century, the Land Tax accounted for about 15% of the total tax revenue.[citation needed]

Land Tax Commissioners Act 1821
Act of Parliament
Citation1 & 2 Geo. 4. c. 123

Until the mid-19th century the land tax commissioners were local property owners acting without remuneration.[12] Latterly they also had responsibility for collecting the Duty on Pensions, Offices, and Personal Estates. Periodically an act was passed listed all the names of the commissioners to be appointed, grouped by the area within which they had authority.[12] The longest act enrolled in the Parliamentary Archives is the Land Tax Commissioners Act 1821 (1 & 2 Geo. 4. c. 123) which names about 65,000 land tax commissioners; it comprises 757 vellum membranes of sheepskin measuring 348 metres (1,142 ft).[13] It has been displayed (rolled up) in exhibitions in the Westminster Royal Gallery in 2004,[14] and the People's History Museum in 2021.[15]

References

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Notes

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  1. ^ The phrase "yearly value" means the actual or notional annual rent that could be obtained on the open market for the asset concerned, whether actually let or not. "12d in the pound" means 12240 or 5%.
  2. ^ Inflation estimates are based on retail prices or average wages rather than the UK's Gross Domestic Product, which might be more appropriate but data are not available for this period.

Citations

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  1. ^ a b c d Beckett, JV (April 1985). "Land Tax or Excise: the levying of taxation in seventeenth- and eighteenth-century England". The English Historical Review. C (CCCXCV): 285–308. doi:10.1093/ehr/C.CCCXCV.285.
  2. ^ "Finance Act 1963: Section 68", legislation.gov.uk, The National Archives, 1963 c. 25 (s. 68), retrieved 3 June 2021
  3. ^ "Taxation records | Land tax rolls 1645-1831". National Records of Scotland. 31 May 2013. Archived from the original on 3 June 2021. Retrieved 9 February 2020.
  4. ^ a b Pearsall, Mark (December 2011). "The Land Tax 1692-1963" (PDF). Magazine of the Friends of The National Archives. Vol. 22, no. 3. National Archives.
  5. ^ a b John Raithby, ed. (1819). Charles II, 1670 & 1671: An Act for granting a Subsidy to his Majestie for Supply of his Extraordinary Occasions. Statutes of the Realm 1628-80. Vol. 5. Great Britain Record Commission. pp. 693–703. Retrieved 4 June 2021 – via British History Online.
  6. ^ Chandaman, Cecil Douglas. The English public revenue 1660-1688. Clarendon Press, Oxford University Press. p. 149. ISBN 9780198282686. cited in Becket (1985), page 292
  7. ^ A. Grey, ed. (1769). "1 William and Mary c 20 C. J. x. 118, 131". Debates of the House of Commons from the Year 1677 to the Year 1694. cited in Beckett (1985) page 288
  8. ^ Pickering, Danby (1764). from the First Year of K. William and Q. Mary to the Eighth Year of King William III. The Statutes at Large. Vol. 9. Charles Bathurst. p. 25–43.
  9. ^ Ruffhead, Owen (1763). from the First Year of King James the First to the Tenth Year of the reign of King William the Third. The Statutes at Large. Vol. 3. Mark Basket. p. 483–499.
  10. ^ a b John Raithby, ed. (1820). "8&9 Gul. III. c. 6.". Statutes of the Realm. Vol. 7, 1695–1701. pp. 166–189. Retrieved 5 June 2021 – via British History Online. ("Gul." is Gulielmi meaning William)
  11. ^ Short title assigned by Short Titles Act 1896
  12. ^ a b "Land Tax Commissioners". Living Heritage; People & Parliament transforming society. UK Parliament. Retrieved 13 October 2021.
  13. ^ "1821 Land Tax Act". Living Heritage; People & Parliament transforming society. UK Parliament. Retrieved 13 October 2021.
  14. ^ Moore-Brabazon, Ivon (22 June 2004). "House of Lords: Display of Historical Documents". Hansard. HL Deb vol 662 c1116. Retrieved 13 October 2021.
  15. ^ "A Major Loan from the Parliamentary Archives: The Longest Act, 1821". People's History Museum. Retrieved 13 October 2021.

See also

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  • Pearsall, Mark (1 August 2011). "The Land Tax 1692-1963" (Podcast). National Archives. (Audio-visual presentation, 45 minutes.)