Can my employer force me to have a company car?

topdaddy_2

andyhofer wrote: »

No, my employer does not offer a cash alternative.

Also, I have to pay tax if the car is "made available" so even if I leave it parked at work and never use it, I will still be taxed.

I feel your pain, im getting taxed on an older engine car thats the same spec as the newer one bar emissions. Company wont replace until certain amount of miles even though it costs me personally more than my colleagues

andyhofer

usefulmale wrote: »

Don't view a car as anything other than a contraption to take you from A to B. You say you want to buy a car thats twice the price of the one you have been given. Why? Its going to spend 8 hours a day sat in your company car park, another 8 sat in the garage whilst you sleep, so unless you spend the other 8 hours driving all the time, its just a waste of your money, instead of the companies.

That's a good point, but if we all thought like that we'd be all driving round in exactly the same car. Individuals sometimes say that cars don't interest them, but if someone gets the opportunity to get a new car, suddenly, what it is, what colour it is etc becomes uber important.

Some people like holidays, nice clothes, watches etc, me, I like cars, and as such I'd like to choose what it is, just like I'd like to choose what clothes I wear and what holiday I go on.

SandC

I get where you are coming from OP. This is one of those cases where a company car is a perk of the job in terms of status rather than the need for business mileage. In which case I would think the reason your employer is reluctant to give any alternative, including just taking it back, is that it may create a precedent for the future.

A new employee coming in to the business tends to be in a better position to negotiate benefits in kind than someone who has been working there seemingly happy with the arrangements for a long time. If there is anyone who doesn't have a company car, of similar grade, regardless of them not having had a pay rise in lieu of that benefit, the potential new employee will use that as a bargaining tool to negotiate their pay rate.

In other words, it's just not worth it for them to bring in another alternative considering they have such a large fleet and all the admin that goes with it already.

v8-fettler

Vectis wrote: »

So, you signed your contract of employment saying that you'd have a company car and now you've changed your mind because you want to 'buy a car I like, as the company has a very limited selection'?

Basically you've changed your mind because you don't like the range of cars offered? And you expect your employer to simply fall in line with that?

I know what I'd say if I were your employer - and I'd probably be marking you down as a difficult employee too.

How long have you had this undesirable company car? How long have you been employed there?

And you'd promptly be getting sued by said emplyee for discrimination... Seriously!!

v8-fettler

Think a fair few are missing the point, by having the car he's having to pay the CC-Tax on it, and it may just be a load of rubbish. He's trying to say he doesn't want it, and it shouldnt affect the company financially (His personal use which triggers the tax doesn't cost the company any more), so they should be fine with it. The only thing I can see being a problem, is they don't want the cars parked up overnight, possibly for insurance purposes. Not really fair to burden an employee with tax because they can't be bothered to sort this. Simply put though, unless his contract says he 'Has to' take the car home every night, leave it at work, then simply don't put the benefit on your P11d. Who files your P11d? Surely you do? or your accountant, not the company? If you don't use it, dont put it on the P11d, simples!

v8-fettler

topdaddy wrote: »

I feel your pain, im getting taxed on an older engine car thats the same spec as the newer one bar emissions. Company wont replace until certain amount of miles even though it costs me personally more than my colleagues

This is bullsh!t, you file your P11d, and its based on 'Your Benefits'. Leave the keys at work, then its unavailable! But realistically you shouldn't have to. Simoply write a letter to your employer, stating that you don't want the car and dont use the car personal use, and to record this in the minutes of the company. That way if HMRC have a beef about it, you can point them to this, ask them to disprove what you claim, and unless they find you have used it personally, they can jog on!

dori2o

OhReally wrote: »

So you don't want the car, but expect to dictate to the employer how and when the car may be used? :cool:

Perfectly acceptable to only want to use the car for business duties.

Lets not forget that the duties being performed are on behalf of the business and therefore the business should supply a vehicle if it is necessary to travel, or provide expenses if the employee uses their own car. They shouldn't however be able to insist that the employee incurs a tax charge when they dont wish to use the vehicle to commute.

If it were me I would approach the emplyer and advise that I am no longer willing to take the car home and therefore it will stay on company premises when you are not at work.

That way you should not incurr any BIK as you are not using it for commuting which as you know is classed as private use.

One thing you have to take into account however is not just the fact that in essence you will be taking a pay cut, but also will face the cost of financing your own car, you will suffer the depreciation of the value of that car, you will be responsible for any repairs, you will be responsible for tax, MOT and insurance.

So whilst you will suffer a reduction in income you need to factor in these additional costs also.

dori2o

andyhofer wrote: »

No, my employer does not offer a cash alternative.

Also, I have to pay tax if the car is "made available" so even if I leave it parked at work and never use it, I will still be taxed.

One way around that is to hand the keys back to the employer
http://www.hmrc.gov.uk/manuals/eimanual/EIM25170.htm

dori2o

v8-fettler wrote: »

This is bullsh!t, you file your P11d, and its based on 'Your Benefits'. Leave the keys at work, then its unavailable! But realistically you shouldn't have to. Simoply write a letter to your employer, stating that you don't want the car and dont use the car personal use, and to record this in the minutes of the company. That way if HMRC have a beef about it, you can point them to this, ask them to disprove what you claim, and unless they find you have used it personally, they can jog on!

Incorrect I'm afraid. The P11d is a form that the employer completes at the end of each tax year to notify the employee and HMRC of the value of their BIK.

TadleyBaggie

The thread is 8 months old. I suspect the problem was resolved some time ago.