Another company car (tax) question

Another company car (tax) question

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theboss

Original Poster:

6,919 posts

220 months

Monday 8th October 2007
quotequote all
Guys - I'm hoping somebody could help clarify the tax implications of swapping my cash allowance for a company car.

I currently receive a £6k allowance which is taxed at the higher rate, and beyond that I claim the standard 40/25p a mile. As a travelling consultant my home is deemed to be my place of work, and all travel is to temporary customer sites, therefore I claim mileage from the moment I leave my driveway. I do not 'commute' to a regular place as defined by HMRC.

I have heard through the grapevine that my employer is considering swapping the allowance for a company car.

Does this mean that if the company provided me with a company car (and fuel), on the strict condition it was for business use only, that it would NOT be considered a benefit in kind, and would not therefore incur company car tax? If so, what would constitute proof to HMRC that the car was not used personally, I presume all mileage would have to be logged and a strict written agreement signed between myself and the empoyer?

Any anwers are much appreciated.

Cheers, Neil

Premature

41 posts

234 months

Monday 8th October 2007
quotequote all
The HMRC guidance states that "There is a tax charge where, because of their employment, a car is made available to and is available for private use by a director or an employee earning £8,500 a year or more, or to a member of their family or household.

You may have difficulty getting HMRC to accept that a company car was not available for private use. You would need, as a minimum, a written agreement between yourself and your employer, a detailed mileage log (far more detailed than for actually claiming mileage), and probably an insurance policy that stated that the car was only insured for business use.

Even then, if HMRC could prove that you did even 1 private mile, then they could try to apply a car and fuel benefit charge. Hope this is useful; if you want to ask anything else, post it up.



Edited by Premature on Monday 8th October 15:37

Gordon Brown

11,800 posts

236 months

Monday 8th October 2007
quotequote all
theboss said:
Guys - I'm hoping somebody could help clarify the tax implications of swapping my cash allowance for a company car.

I currently receive a £6k allowance which is taxed at the higher rate, and beyond that I claim the standard 40/25p a mile. As a travelling consultant my home is deemed to be my place of work, and all travel is to temporary customer sites, therefore I claim mileage from the moment I leave my driveway. I do not 'commute' to a regular place as defined by HMRC.

I have heard through the grapevine that my employer is considering swapping the allowance for a company car.

Does this mean that if the company provided me with a company car (and fuel), on the strict condition it was for business use only, that it would NOT be considered a benefit in kind, and would not therefore incur company car tax? If so, what would constitute proof to HMRC that the car was not used personally, I presume all mileage would have to be logged and a strict written agreement signed between myself and the empoyer?

Any anwers are much appreciated.

Cheers, Neil
I think that if the car is kept at your private address they will consider it available and a BiK. End of. Even pool cars uninsured for private use get the HMRC treatment if you have them at home.

WWESTY

2,690 posts

239 months

Wednesday 10th October 2007
quotequote all
Travel to work from home is not allowable as company use, so as above I think you will stumble at that hurdle....

Deva Link

26,934 posts

246 months

Wednesday 10th October 2007
quotequote all
I think some posters are over-reacting.

In the case of an employee then as long there's a letter from the company stating the car is only available for business use then the OP shouldn't have a problem.

Eric Mc

122,071 posts

266 months

Thursday 11th October 2007
quotequote all
The Revenue work on "reality" rather than "writing". If a written statement actually does not reveal the true situation, then that constitutes fraud.

Obviously, the Revenue will sometimes ask to see written proof - but they are not obliged to rely completely upon it.

Deva Link

26,934 posts

246 months

Thursday 11th October 2007
quotequote all
I was assuming that the statement would be true! If people are prepared to lie, then they should expect trouble.

Eric Mc

122,071 posts

266 months

Thursday 11th October 2007
quotequote all
Absolutely.

As long as what is put in writing agrees with the reality of the situation, the Revenue will not have any problems.

theboss

Original Poster:

6,919 posts

220 months

Friday 12th October 2007
quotequote all
Eric Mc said:
Absolutely.

As long as what is put in writing agrees with the reality of the situation, the Revenue will not have any problems.
Eric - so okay if this *is* the reality of the situation (i.e. no personal use) then does this mean I wouldn't be hit for tax on it?

Eric Mc

122,071 posts

266 months

Friday 12th October 2007
quotequote all
Simply put - yes.

The difficult part is trying to convince a tax official that a given vehicle is "not available" for personal use by a director/employee. To satisfy this criteria, the car must NEVER EVER be used or be capable of being used for non business related journeys. It must live at the business premises when not in use. This last point is hard to justify if the business premises and a director's home are one and the same.

Deva Link

26,934 posts

246 months

Friday 12th October 2007
quotequote all
Eric Mc said:
Simply put - yes.

The difficult part is trying to convince a tax official that a given vehicle is "not available" for personal use by a director/employee. To satisfy this criteria, the car must NEVER EVER be used or be capable of being used for non business related journeys. It must live at the business premises when not in use. This last point is hard to justify if the business premises and a director's home are one and the same.
Well...if it's an 'ordinary' employee (not a director) then the car can live at the employee's home. This assumes that the employee is home based of course. I know someone who does this.

The main problem might well be getting the employer to change the employment contract (which may say a car is provided and available for private use) and make other documentation changes. People tried to get it done in my last 'big company' job, and the Finance Director wouldn't do it - he didn't want to attract HMRC attention.

If the employee is office based then the journey from home to office is private use so the car would then have to kept as the business premises.

Eric Mc

122,071 posts

266 months

Friday 12th October 2007
quotequote all
It just goes to show how convoluted the whole thing can get. At the end of the day it can often boil down to the employer and tax officer/inspector arguing it out.