P11D advice - Being Screwed over

d95gas

Hi Everyone,

I'm hoping someone may be able to help me fight not only my employer....Who I think has made an error, and ultimately Mr T.A.X

Worked for the same employer for the last 7yrs, I travel all over the country on a very very frequent basis, and they have never considered me worthy of a company car (no big issue there), but book me Hire Car's when I need to travel to other sites.

Last week I got hit with a P11D on 5 of my last hire's, to the tune of around £900.

Obviously I flipped, but cannot get our P11D dept to do anything.

Cars are usually hired and ready for me to hit the road 5am on a Monday....as the Hire Company dont want to get out of bed at that time, they usually drop them off Saturday, BUT, I have to put it on my drive as legally there is no insurance cover UNTIL the Period of hire starts (Mon 5am).

I am normally travelling anything up to 1000 miles during the week and return home on Friday evening around 9pm, car is ready for Sat morning collection, however, occassionally the hire company dont collect until the Monday.

There are occassions where as I am working for upto 14 different sites, one site will book me for the week, so I have a hire car Monday to Friday, then maybe another site books me for the following week.

The Hire car will go OFF HIRE on the Friday evening of Week 1, and back ON HIRE Monday of week 2.

Hire company points out that I cannot drive the car until the period of hire starts.

I have 2 of my own Cars at home, one my Weekend toy that I love to use on a weekend, not a Hire Car.

At NO TIME has our company informed myself OR any other member of the company, that we could get hit for tax when using a hire car, this will now send out some bad signals.

What really hacks me off, is that despite me putting some £30,000 per year through my own account paying for hotels, etc until they refund me....they now go and stab me in the back with this joke.

Would really really appreciate any advice on this matter, how can I challenge this? whats the likely outcome?

If I have to prove I use my OWN cars at the weekend, apart from Petrol receipts, how else can I prove this.

Many thanks and sorry its such a long drawn out story.

Graeme

laticsforlife

The idea of a car charge is only if the car was made available for private use (PU) (even if not used), but in your case it is off-hired for the weekends, so where is the PU ??

You certainly need to speak with HMRC, but what prompted this, has the Co. been visited by HMRC Employer Compliance team, who maybe have given some decision, that has been erroneously applied to you?

d95gas

laticsforlife wrote: »

The idea of a car charge is only if the car was made available for private use (PU) (even if not used), but in your case it is off-hired for the weekends, so where is the PU ??

You certainly need to speak with HMRC, but what prompted this, has the Co. been visited by HMRC Employer Compliance team, who maybe have given some decision, that has been erroneously applied to you?

The cars being OFF HIRE were the point I made to them, also pointing out that IF the cars had been classed as ON HIRE over the weekend, then this would of been reflected in the charges made against the company by the hire company.....Non were made.

Why they have sent me a P11D I have no idea, whether its related to a HMRC vist, again no idea.

Tried the freephone number for HMRC Friday and today, sit in Q for hours :-(

Thanks for responding, I appreciate your comments.

Graeme

laticsforlife

strange, when I called HMRC a few weeks ago for sons incorrect code split, I got through in quick time and got it sorted by an efficient employee there and then.

Better to call after 9.30am and before lunch or between about 2pm and 3pm when staffing should be at the highest.

Edit - sorry noticed you say Freephone number, I used an 0845 I think. Will look and see what no. I found, and report back.

laticsforlife

This is what I used, far better to be connected than using some freephone number that noone answers;


Taxes Helpline
Opening hours
8.00 am to 8.00 pm, Monday to Friday
8.00 am to 4.00 pm Saturday
0845 300 0627

d95gas

laticsforlife wrote: »

This is what I used, far better to be connected than using some freephone number that noone answers;


Taxes Helpline
Opening hours
8.00 am to 8.00 pm, Monday to Friday
8.00 am to 4.00 pm Saturday
0845 300 0627

:-) many thanks

jimmo

d95gas wrote: »

Hi Everyone,


Last week I got hit with a P11D on 5 of my last hire's, to the tune of around £900.

Obviously I flipped, but cannot get our P11D dept to do anything.



Graeme

I presume you mean that your employer has sent you a copy of the form P11D for 2010/11 that they have recently sent to HMRC.
If so, you may be wasting your time trying to contact HMRC now.
If your employer submits P11Ds in paper form it could be months before the details appear on your HMRC records.
If your employer submits on-line that may be a lot quicker but, either way, HMRC will almost certainly tell you that if the P11D is wrong you will have to get your employer to change it.
What, exactly does the P11D say?
Can you give the exact wording of the description from the P11D and the amount of the benefit?
For what it is worth, during my time at HMRC I had quite a number of hire cars delivered to, and collected from my home, all paid for by my employer and with no tax consequences to myself.

d95gas

jimmo wrote: »

I presume you mean that your employer has sent you a copy of the form P11D for 2010/11 that they have recently sent to HMRC.
If so, you may be wasting your time trying to contact HMRC now.
If your employer submits P11Ds in paper form it could be months before the details appear on your HMRC records.
If your employer submits on-line that may be a lot quicker but, either way, HMRC will almost certainly tell you that if the P11D is wrong you will have to get your employer to change it.
What, exactly does the P11D say?
Can you give the exact wording of the description from the P11D and the amount of the benefit?
For what it is worth, during my time at HMRC I had quite a number of hire cars delivered to, and collected from my home, all paid for by my employer and with no tax consequences to myself.

They have'nt said whether its been submitted or what, just sent me a copy which was partially filled out. However on some of the hires, they listed them as straight through over a few weeks, what they have failed to point out that it was actually about 4 different hires over the weeks, in fact on one of the hires they list, it was actually 10 seperate hire's.

unfortunately I am not allow to post LINKS or IMAGES as I am a new user I will try and PM you the link to the document, but basically its title is "P11D Expenses and benefits 2010-11" and is only PARTIALLY completed by my employer, they have NOT told me to fill and submit, they just said hold for my records.

Again any advice is very much appreciated as ultimately it will not only affect me but also others who work with me, NON of us has ever been told we could get hit for tax, and I cannot understand why this is the first time in 7yrs of them supplying hire cars!!.

Just to make it clear.....The EMPLOYER actually pays the cost of the hire, and NOT myself.... I just pay for fuel, hotels, etc then claim it back later.

Thanks again


Graeme

d95gas

Just noticed on the initial email they sent me (Employers P11D dept), it states: "[FONT=&quot]You have until 10th June 2011 to raise any queries with me, after which no changes will be accepted"

So HOPEFULLY I am in with a chance to get it sorted pre 10 June.
[/FONT]

katsclaws

I suggest you go to the uk business forums website as they are very helpful. It is a forum full of experienced business professionals.


katsclaws

noodle

It's worth pointing out to you employer that this error is costing them money - as they will be paying National Insurance on the incorrect disclosure.