VAT on private mileage in company van

VAT on private mileage in company van

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Original Poster:

3,460 posts

191 months

Sunday 11th July 2010
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Just a quick query.

Our company has recently started charging us VAT on the reimbursement we pay for using our vans for private mileage.

Just wanted to check this is kosher. If it is should they use a fuel calculation that takes the price of fuel as excluding VAT? (It seems like VAT is being claimed twice).

Eric Mc

122,077 posts

266 months

Sunday 11th July 2010
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Hold on a second, you are driving a "company" can. Who pays for the fuel that is put into the company van?

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Original Poster:

3,460 posts

191 months

Sunday 11th July 2010
quotequote all
Hi Eric, the fuel is paid for on an Allstar fuel card and we reimburse the company for private mileage on a rate of e.g. 13p per mile exc VAT.

Eric Mc

122,077 posts

266 months

Sunday 11th July 2010
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And they want you to increase the amount you reimburse back to them?

Is the 13p set out in the employment contract?

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Original Poster:

3,460 posts

191 months

Sunday 11th July 2010
quotequote all
The rate we pay back is written down as a 'standard procedure'.

It's basically:

manufacturers combined MPG = 53.3 mpg - 17% = 44.2mpg. Fuel is £5.54 a gallon (1.2180 = price of fuel per litre) So mileage = 5.54/44.2 x 100 = pence of 12.5 per mile.

So we reimburse the company with 12.5 pence per mile of personal use (which is a good rate I think?).

The company want us to pay VAT on top of the 12.5p which they have never done before. Just wondering if this is right. They are not 'selling' us the mileage. I imagine that as they use a fuel card provider they do not pay VAT on the fuel in the first place yet still charge us using a rate that includes VAT (£1.2180).

Not sure that makes any more sense hehe

Eric Mc

122,077 posts

266 months

Sunday 11th July 2010
quotequote all
It just reinforces my view. They want to make you pay more to them and they are using VAT as the excuse. I would argue that they should stick to the original values agreed.

I assume that they are a VAT registered business so any VAT they are charged by the people they purchase the fuel from is fully reclaimed. So VAT should never be an issue for them and there should be no requirement for you to have to pay them any extra amount that is related to VAT.

Of course, in reality, the extra they want from you is nothing to do with VAT at all - just a lever to make you pay more.

Do you know if they have had a VAT inspection recently and, if so, have they been given any instructions by VAT officers.

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Original Poster:

3,460 posts

191 months

Sunday 11th July 2010
quotequote all
Thanks Eric. They are VAT registered , so assume all VAT is claimed back. The mileage rates occasionally vary (once every year or so as average fuel rates change) so if they wanted more money back they could get it from us that way.

I don't know if they have had a VAT inspection recently as that would happen at the head office rather than at our satellite office.

I'll ask the probing question of them as to why they want us to pay VAT when it is presumably fully reclaimed already.

It seems a little cheeky they use a fuel rate in the calculation that already includes VAT and therefore surely our reimbursement also already includes VAT.

Eric Mc

122,077 posts

266 months

Monday 12th July 2010
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That is exactly my thought too.

The way a VAT man might see the way their system is working is that they are selling fuel to you. Therefore, they should be declaring VAT to HMRC on the amounts they are receiving from the workers who pay them for the use of the fuel. Perhaps they hadn't factored into their sums the fact that they needed to be paying over to HMRC the VAT content on the fuel they are selling you?

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Original Poster:

3,460 posts

191 months

Monday 12th July 2010
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I guess that is the most likely explanation. Hopefully we'll be told why soon...