Anyone been investigated by HMRC for driveway car selling?
Anyone been investigated by HMRC for driveway car selling?
Author
Discussion

zxc23

Original Poster:

31 posts

83 months

Monday 24th January 2022
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As a car enthusiast I regularly change my cars. Most of the time I loose money, but occasionally I break even and more recently I’ve made a bit.

Anyway since COVID I have had a lot more free time to work on my cars, and that combined with a crazy used car market has meant I have made money on all 7 of the cars I’ve owned this year. It wasn’t really my intent to do this, it just sort of happened. Most of the cars I used as my daily driver for a short time, but a few I just ended up fixing up and deciding they weren’t for me and selling them on.

I have since read numerous threads on here talking about the legalities of this. But I wanted to know, has anyone actually been investigated by HMRC for this kind of low level car buying and selling? If so, what sort of fine did you get? I can’t see it being worth the time of HMRC to investigate something like this?

The reason I ask is I’ve got a prune of a neighbour who doesn’t like the occasional noise of me working on my cars (despite me helping him out numerous times), I am worried he will try and grass me up to HMRC

To clarify on this, I am talking about 6/7 cars, one at a time and being used mainly as my personal car for a month or two. Cars are sub £10k with £4/5k profit aver the whole year.

Any real experience with HMRC would be great to hear!

Edited by zxc23 on Monday 24th January 20:14

Krikkit

27,926 posts

209 months

Monday 24th January 2022
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If the cars are registered in your name, and you've used them as personal vehicles, I can't see how they would take any interest as you've made less than the capital gains threshold (assuming you haven't been selling other items of course)

barryrs

5,020 posts

251 months

Monday 24th January 2022
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At those margins one problem buyer might make you wish you had never bothered.

Keypad

147 posts

76 months

Monday 24th January 2022
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If said neighbour does dob you in, HMRC may well be interested. So it's important to keep records, including what you've spent on parts, etc.

But normally people lose money on cars, and if HMRC were to try & tax the occasional profit, they'd have to give you tax relief on your losses. And this doesn't happen!

As always, that's the simple story. If you end up as a trader, then HMRC will want their share. Just when a profitable hobby becomes a business can be the subject of "negotiations", where HMRC have the upper hand. So keep records & monitor just how much real profit you are making, after allowable costs - parts, adverts, electricity, consumables, cost of disposal of junk, etc, etc. And the first £1,000 is tax-free.

It might be worth considering if he'll also dob you in the the council for trading from domestic property ?

brightonpad

124 posts

179 months

Monday 24th January 2022
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The key thing here will be whether you are registering them as your own or not. If the latter, then HMRC is the least of your problems... CRA15, trade insurance, trade plates etc all come in to play as well as income tax.

unbiased

107 posts

90 months

Monday 24th January 2022
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You sound like a trader tbh.

Mo28

907 posts

128 months

Monday 24th January 2022
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Think the limit for a private individual to buy and sell cars is 8 in a year

samoht

7,170 posts

174 months

Monday 24th January 2022
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Mo28 said:
Think the limit for a private individual to buy and sell cars is 8 in a year
I'm fairly sure the legal test is whether the purpose of buying the car is to sell for a profit, and that it's carried on habitually, but not any fixed number of cars per year.

If you were super-rich and bought yourself a new Roller or Ferrari each month, selling each one on nearly-new for a loss, I don't think anyone would investigate that.


Having one car at a time, registering them in your own name, insuring them on a normal private car insurance policy, selling them from your house, and putting miles on each car would all tend to point towards acting as a private individual who likes a change.

Making a profit, putting them up for sale as soon as you buy them, and buying broken cars and fixing them for sale, and it being your main or only source of income, would all tend to point towards it becoming a business.


Personally I strongly doubt HMRC would get involved, they are understaffed and will, I'm fairly sure, be focusing on the bigger fish where more tax money is being lost than at most a few hundred quid in your case. If anything the council or Trading Standards might take an interest, for using your house as a business and potentially 'masquerading' as a private seller in order to cheat your buyers out of their consumer rights.

If it were me I'd carry on as you are and not worry, I don't think you're suddenly going to get in trouble, likely you'd be 'advised' not to continue or perhaps have to refund a dissatisfied customer at worst.


Sheamus84

16 posts

75 months

Monday 24th January 2022
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It's not too late to delete your thread Boycie...

Mandat

4,580 posts

266 months

Tuesday 25th January 2022
quotequote all
zxc23 said:
As a car enthusiast I regularly change my cars. Most of the time I loose money, but occasionally I break even and more recently I’ve made a bit.

Anyway since COVID I have had a lot more free time to work on my cars, and that combined with a crazy used car market has meant I have made money on all 7 of the cars I’ve owned this year. It wasn’t really my intent to do this, it just sort of happened. Most of the cars I used as my daily driver for a short time, but a few I just ended up fixing up and deciding they weren’t for me and selling them on.

I have since read numerous threads on here talking about the legalities of this. But I wanted to know, has anyone actually been investigated by HMRC for this kind of low level car buying and selling? If so, what sort of fine did you get? I can’t see it being worth the time of HMRC to investigate something like this?

The reason I ask is I’ve got a prune of a neighbour who doesn’t like the occasional noise of me working on my cars (despite me helping him out numerous times), I am worried he will try and grass me up to HMRC

To clarify on this, I am talking about 6/7 cars, one at a time and being used mainly as my personal car for a month or two. Cars are sub £10k with £4/5k profit aver the whole year.

Any real experience with HMRC would be great to hear!
We're only 3 1/2 weeks into the new year, and you've already gone through 7 cars?

Presumably you meant in 2021?


anonymous-user

82 months

Tuesday 25th January 2022
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unbiased said:
You sound like a trader tbh.
This.

Nobody changes car 7 times in a year unless you’re looking to make a few quid.

Terminator X

20,289 posts

232 months

Tuesday 25th January 2022
quotequote all
Keypad said:
If said neighbour does dob you in, HMRC may well be interested. So it's important to keep records, including what you've spent on parts, etc.

But normally people lose money on cars, and if HMRC were to try & tax the occasional profit, they'd have to give you tax relief on your losses. And this doesn't happen!

As always, that's the simple story. If you end up as a trader, then HMRC will want their share. Just when a profitable hobby becomes a business can be the subject of "negotiations", where HMRC have the upper hand. So keep records & monitor just how much real profit you are making, after allowable costs - parts, adverts, electricity, consumables, cost of disposal of junk, etc, etc. And the first £1,000 is tax-free.

It might be worth considering if he'll also dob you in the the council for trading from domestic property ?
If buying and selling every few months though, you can't make a living from that. Has anyone ever decided / agreed how often you need to change your car to become a "trader"? Once a month? Once a week?

TX.

exelero

2,081 posts

117 months

Tuesday 25th January 2022
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JackJarvis said:
This.

Nobody changes car 7 times in a year unless you’re looking to make a few quid.
How about the one car each month thread?

Skyedriver

23,200 posts

310 months

Tuesday 25th January 2022
quotequote all
Back in the 1990's I had 12 cars in a year.
Was buying, running, repairing, selling, mainly minis and metros but also changed my "good" car and the car that my wife was using.
Was doing it as a hobby, learning to weld & paint while not losing anything in depreciation.

Quite easy to go through 7 in a year.
Good car - change
Station car - change
Wifes car - change
There's 6 for a starter.

zxc23

Original Poster:

31 posts

83 months

Tuesday 25th January 2022
quotequote all
Thank you all. I think that there are enough people on these forums that have done a similar thing to myself over the years, but I’ve searched high and low and have yet to hear any stories where HRMC have investigated and subsequently taken action. After all, there are far richer pickings in takeaway restaurants and tradesmen (many of whom seem to deal largely in cash)


ingenieur

4,643 posts

209 months

Tuesday 25th January 2022
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I believe any action they are able to take would have to be proportionate as well.

When I was running my business I got randomly inspected for VAT. The guy went through my books with a fine tooth comb and found just one thing to complain about which were some alloy wheels which had been refurbished and VAT claimed back but they were on the shelf waiting for an as yet unknown customer.

They hadn't been paid for by anyone meaning I was in benefit at the precise moment they inspected! The fine for that wasn't much different to the owed VAT and they added it onto next quarter bill. I guess depending on the circumstances they could be vindictive but they're not going to hang you for the levels you're talking about.

Personally I really wouldn't worry about it.

If you are from the HMRC yourself then you'll no doubt have a better grasp of the situation than anyone on here.

av185

20,464 posts

155 months

Tuesday 25th January 2022
quotequote all
You really have nothing to fear assuming the 7 cars are 2021 not 2022.

Trading is a very grey area there are many aspects to consider and there are many cases where folks were simply hobbyists or enthusiasts like yourself with cars and not traders despite them making a profit which may or may not be the intention of selling the cars in the first place.

Aspects the Revenue may be interested in include do you have trade insurance or other trade premises or not, are the cars sold advertised by you as a trader with say a warranty, are the cars registered in your name or not, are they similar models, do you have anotger full or part time occupation, and do you regularly or historically buy from a car auction via a trade account and how many cars you have sold in previous years.

As is the case with many potential businesses the Revenue will really not be interested in someone such as yourself who has sold only 7 cars over the year as they are short staffed and really have bigger fish to fry.

bolide

582 posts

282 months

Thursday 27th January 2022
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You probably made a loss on the previous seven cars and HMRC won't be interested in that

I think HMRC would have bigger fish to fry

FatboyKim

2,559 posts

58 months

Friday 28th January 2022
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Cars, bikes, boats etc. are completely outside the scope of Capital Gains Tax. HMRC will simply not be interested.

Abdul Abulbul Amir

13,179 posts

240 months

Friday 28th January 2022
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FatboyKim said:
Cars, bikes, boats etc. are completely outside the scope of Capital Gains Tax. HMRC will simply not be interested.
They'll be interested for VAT and Income tax purposes.