Please Help Company Car Tax

menamenick

When I was given the car in 2007 I asked my boss how much would I have to pay for the company car and do I have to fill in a P11D form, I was told that they will do all the paper work and pay the tax on the car as a bonus for all the hard work I have put in to the company though the years.

I noticed that my wage slips didn’t show the car tax and I have never seen a P11D form, I confronted my boss regarding this matter the director and payroll girl in November 2010 they told me that I should keep quite as all the company cars are listed as pool cars and that I and all the others within the company would have to pay the car tax back as it’s our tax bills and not the companies bill?

I have emails from my boss clearly states (that I was not liable for the tax on the car as it was a pool car.)

the taxman has sent me a letter today for underpayment of tax for the car for 11,432.82
Please give you feedback

ILW

Sounds like HMRC have done an inspection and found a lot of people not declaring a benefit in kind. They do tend to find out in the end. It does also appear that you were informed of this in 2010.

menamenick

Yeah i did and then i quit 2 days after he told me

Do you think the company are in breach of contract??

ILW

menamenick wrote: »

Yeah i did and then i quit 2 days after he told me

Do you think the company are in breach of contract??

What contract?

menamenick

The verbal contract of employment

Opinion

menamenick wrote: »

The verbal contract of employment

That's not a contract.

menamenick

that's all i had as i never was given a paper one?

Barneysmom

Yes it is, the contract can be verbal, written or implied.
If you rboss said that they would pay the tax then it's their bill and their responsibilty. Proving it might be another thing though, but as you have emails you should be ok.

Opinion

Barneysmom wrote: »

Yes it is, the contract can be verbal, written or implied.
If you rboss said that they would pay the tax then it's their bill and their responsibilty. Proving it might be another thing though, but as you have emails you should be ok.

Exactly. It's not what you've been told or what you know; it's what you can prove.

Ergo, verbal means very little.

menamenick

i also found this in his ET3 form, from when i took him to the unemployment tribunal

Refusing to investigate his concerns about tax/company car
The claimant's questions about the tax payable on the company car were answered. he was informed that, as he had a pool car. He was not personally liable for tax on it. This made clear to him, The respondent does not accept that given clear instruction can be in breach of the claimants contract of employment

Is this any good ???