P11D woes and employer being unhelpful, what can I do?
P11D woes and employer being unhelpful, what can I do?
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Discussion

Nickbrapp

Original Poster:

5,277 posts

160 months

Thursday 14th December 2017
quotequote all
My previous employer was supposed to submit 2x P11D to HMRC by July 6th 2017, one for the 15/16(revised) and one for the 16/17 tax years. I submitted these to them in June 2017.

They have yet to send them to HMRC, and when I contact them, via HR who keep fobbing me off with excuses like “the manager isn’t in” “ he’s too busy” “it’s on the list” etc

The situation is that I have a works car, which is NOT used for private use, it only used for work as a traveling service engineer to different customer sites, there is no way I could drive this car to a office and then drive home in my private car every night, HMRC are clear that no tax is due on this.

The reason for the resubmission is hmrc are currently collecting tax from me as the company previously told them I did have a car in the 15/16 tax year and they are relaciming it this year.

So i have been told by HMRC I am due a tax refund for the 15/16 year, but nothing can be done until the P11D is re submitted.

This is ruining my tax code which currently sits at something ridiculous like k19X, meaning I’m significantly overpaying each month.

So I am getting no where, what can I do to get this sorted? Can I complain to hmrc? Or can I self declare some sort of P11D myself?

Surely the company should be facing some penalties for this?

Thanks

Eric Mc

125,701 posts

295 months

Thursday 14th December 2017
quotequote all
Complete a Self Assessment tax return for the two affected years. In other words, take charge of your personal tax situation.

Gargamel

16,371 posts

291 months

Thursday 14th December 2017
quotequote all
Nickbrapp said:
My previous employer was supposed to submit 2x P11D to HMRC by July 6th 2017, one for the 15/16(revised) and one for the 16/17 tax years. I submitted these to them in June 2017.

They have yet to send them to HMRC, and when I contact them, via HR who keep fobbing me off with excuses like “the manager isn’t in” “ he’s too busy” “it’s on the list” etc

The situation is that I have a works car, which is NOT used for private use, it only used for work as a traveling service engineer to different customer sites, there is no way I could drive this car to a office and then drive home in my private car every night, HMRC are clear that no tax is due on this.

The reason for the resubmission is hmrc are currently collecting tax from me as the company previously told them I did have a car in the 15/16 tax year and they are relaciming it this year.

So i have been told by HMRC I am due a tax refund for the 15/16 year, but nothing can be done until the P11D is re submitted.

This is ruining my tax code which currently sits at something ridiculous like k19X, meaning I’m significantly overpaying each month.

So I am getting no where, what can I do to get this sorted? Can I complain to hmrc? Or can I self declare some sort of P11D myself?

Surely the company should be facing some penalties for this?

Thanks
Write back to HR and your line manager, and the HR Director. Keep it professional and concise but let them know the financial impact in you.

Nickbrapp

Original Poster:

5,277 posts

160 months

Thursday 14th December 2017
quotequote all
Eric Mc said:
Complete a Self Assessment tax return for the two affected years. In other words, take charge of your personal tax situation.
Can you do that even if you’re not self employed?

Nickbrapp

Original Poster:

5,277 posts

160 months

Thursday 14th December 2017
quotequote all
Gargamel said:
Write back to HR and your line manager, and the HR Director. Keep it professional and concise but let them know the financial impact in you.
Sadly I’ve tried that, line manager ( I’ve left the company now ) was a useless moron who wouldn’t care, and the HR director fobbed me off with it will be done in due course, I even CCed the CEO of the company in. No response from him.

Eric Mc

125,701 posts

295 months

Thursday 14th December 2017
quotequote all
Nickbrapp said:
Can you do that even if you’re not self employed?
100% you can

Many, many people complete self assessment tax returns who have no self employed, rental or partnership income.

Alternatively, have you signed up to HMRC so you can access your own personal Digital Tax Account?

Ultimately, HMRC wants this to replace self assessment. It does the same thing though - allows individuals to monitor and correct their own personal tax affairs.

Nickbrapp

Original Poster:

5,277 posts

160 months

Thursday 14th December 2017
quotequote all
IVe signed up to use their online service, is this different from the digital tax one? On the online I can view my tax code etc, but not much else

Eric Mc

125,701 posts

295 months

Friday 15th December 2017
quotequote all
I've not really used their Digital Tax Account system as I already have access through other methods (I'm an accountant). |If you can't do anything apart from just read the data then I would guess it's not the full system.

However, can you use it to review tax codes, for instance?

Armitage.Shanks

3,112 posts

115 months

Friday 15th December 2017
quotequote all
What happens where you dont get a P11D and on PAYE? For example HMRC rate for own car use is 45ppm but some companies give less and I want to claim the difference ideally going back 2 years. Is there a specific form?

MrChips

3,299 posts

240 months

Friday 15th December 2017
quotequote all
Armitage.Shanks said:
What happens where you dont get a P11D and on PAYE? For example HMRC rate for own car use is 45ppm but some companies give less and I want to claim the difference ideally going back 2 years. Is there a specific form?
P87 form is the way to do this.

Nine-Eighty-Six

74 posts

106 months

Friday 15th December 2017
quotequote all
Nickbrapp said:
The situation is that I have a works car, which is NOT used for private use, it only used for work as a traveling service engineer to different customer sites, there is no way I could drive this car to a office and then drive home in my private car every night, HMRC are clear that no tax is due on this.

The reason for the resubmission is hmrc are currently collecting tax from me as the company previously told them I did have a car in the 15/16 tax year and they are relaciming it this year.
I'm not sure this is right. Have HMRC definitely been told the full story behind this car? - because, if the cars 'available for personal use', then it's taxable.

'Available for personal use' essentially covers the kind of use you describe - you park it at home and drive it to work. It's available exclusively for your use and isn't parked up in a place where other employees can have access (ie. it's not a pool car).

I've been there and done it in terms of research, as I could quite easily not use my company car for personal use - I'm home based, but travel to visit customers. I have 2 personally owned cars available - but there's no easy way out of the BIK tax as the car is parked at my home address and no other employees have access when I'm not using it.

Nickbrapp

Original Poster:

5,277 posts

160 months

Friday 15th December 2017
quotequote all
Nine-Eighty-Six said:
I'm not sure this is right. Have HMRC definitely been told the full story behind this car? - because, if the cars 'available for personal use', then it's taxable.

'Available for personal use' essentially covers the kind of use you describe - you park it at home and drive it to work. It's available exclusively for your use and isn't parked up in a place where other employees can have access (ie. it's not a pool car).

I've been there and done it in terms of research, as I could quite easily not use my company car for personal use - I'm home based, but travel to visit customers. I have 2 personally owned cars available - but there's no easy way out of the BIK tax as the car is parked at my home address and no other employees have access when I'm not using it.
What I’ve been told is that as I’m a service engineer traveling to different places every day, that no tax is due on the car, my previous company tracked the car so it was easily
Proven if needed be, this one I just keep a millage log,



I’ve seen previously that you can also not pay it if you can’t take it back to your office each day, which I can’t ad that’s in Birmingham and I’m in South Wales.

It’s not been a problem with Hmrc before, only this year where someone’s messed up my form and I’m still paying for it

Armitage.Shanks

3,112 posts

115 months

Friday 15th December 2017
quotequote all
MrChips said:
Armitage.Shanks said:
What happens where you dont get a P11D and on PAYE? For example HMRC rate for own car use is 45ppm but some companies give less and I want to claim the difference ideally going back 2 years. Is there a specific form?
P87 form is the way to do this.
Thanks matey.

Nine-Eighty-Six

74 posts

106 months

Friday 15th December 2017
quotequote all
Nickbrapp said:
What I’ve been told is that as I’m a service engineer traveling to different places every day, that no tax is due on the car, my previous company tracked the car so it was easily
Proven if needed be, this one I just keep a millage log,



I’ve seen previously that you can also not pay it if you can’t take it back to your office each day, which I can’t ad that’s in Birmingham and I’m in South Wales.

It’s not been a problem with Hmrc before, only this year where someone’s messed up my form and I’m still paying for it
I'm reading this that you've changed company and these issues have crept in since changing? - What kind of agreement did you get when you joined?

I ask because I worked for a company who underwent a tax investigation on company cars and were hit with a significant bill as they hadn't fully understood private mileage record keeping.

Most companies are, quite rightly, very nervous about company cars with no BIK charge.

Eric Mc

125,701 posts

295 months

Friday 15th December 2017
quotequote all
Nickbrapp said:
What I’ve been told is that as I’m a service engineer traveling to different places every day, that no tax is due on the car, my previous company tracked the car so it was easily
Proven if needed be, this one I just keep a millage log,



I’ve seen previously that you can also not pay it if you can’t take it back to your office each day, which I can’t ad that’s in Birmingham and I’m in South Wales.

It’s not been a problem with Hmrc before, only this year where someone’s messed up my form and I’m still paying for it
Where is the car kept overnight?