Employer refuses to change incorrect P11D

novascotianboy

Hello

Just looking for some advice as I've not been able to find any on the HMRC website or elsewhere.

I left my last job in November 2013 and have received my P11D from the company's centralised HR. The figure pertaining to the value of my company car is incorrect - almost 10k too high! Had they given me such a nice car maybe I'd have stayed!

At any rate, I contacted them about the error and the HR department says they've contacted the branch where I used to work and according to them I was 'banded' for a car with the higher value- I never had it if I was!

The HR department are refusing to issue me with a corrected P11D. I am also self employed (though was employed for the company that gave me the car) so need to file taxes each year. What can I do if my employer won't amend the P11D? I saw on some forums that they suggest ringing HMRC - but past experience has made me loathe to do this if I can avoid it. I'm tempted to write to the HR twits again and ask for evidence that I ever had this wonderful car (rather then the tiny car I was given) but ... as I'm now applying for jobs am worried if I rock the boat too much I'll get bad references. Any suggestions?

davec1960

I had a similar problem when my employer didn't use the correct %age for my company car.
when I filled in my SA online I used my calculations not what was on my P11D. I included explanatory notes explaining what I had done and why. HMRC accepted it and I never heard anything from them.
In your position I wouldn't bother with the incompotents in HR and use correct details on your SA instead.

Dr_Teeth

Put the correct details on your SA, but be warned that depending on the amounts at stake, HMRC may use the discrepancy to open an enquiry into your tax return.

It would be wise to have some form of documentation (ideally from the employer) confirming exactly what car you had so you can justify the entries you make.

dori2o

When you say 'Banded' for the car could you elaborate?

Did you have the same car all the time?

How old was the car?

Did you have access to a 'pool/fleet' of cars and so had a different car from week to week/month to month/day to day? (This is often the case for people who work in the motor trade where they don't have a fixed company car but have access to any number of cars. As it would be too messy to notify a change of car everytime the vehicle was changed (and could potentially lead to over/underpayments of tax the value of the car/fuel benefit is agreed between the employer and HMRC)

Does the P11d show the value for the whole year or have the number of days the car was available been calculated?

Could you provide the details from your P11d?

With this type of query it's best to contact HMRC in writing anyway if you believe the P11d is wrong and your employer is refusing to amend it. Send a copy of the P11d and if possible provide details of what you think the benefit should be and show how you have calculated this.

It's not worth phoning as it's not something the contact centres could deal with anyway.

chrismac1

I would write to the HR department to inform them of the vehicle registration, make, model and list price of the car you actually had, and the dates you had it. Invite them to issue you with P11D which reflects the facts, and inform them you will be reflecting the accurate position on your self-assessment tax return. Further inform them that if you have not been issued with the correct P11d by 5 July, you will use the white space on your tax return to note that your employer has issued you with a P11D which does not reflect the facts and has declined your invitation to amend it.

That should at least get them to worry a bit. More importantly, it gets your tax right and protects you from any accusations that you did not fully put HMRC in the picture.