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Salary Sacrifice Car

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A colleague of mine applied for a lease car through the NHS Salary Sacrifice Scheme in 2014. She received a break-down of how much the car would cost, this included total cost and cost after savings (deductions in tax & NI).


On checking her pay-slip a few months ago she realized that her tax code was drastically low, 721M(despite claiming marriage allowance and no other deductions from her pay. i.e. no other salary sacrifices, no employment benefits).


On checking documentation from her employer she noticed that P11D forms had been submitted to HMRC claiming that she was receiving the 'cash equivalent of each car' (£2,379).
I am in receipt of salary sacrifice schemes and P11D forms aren't submitted for this as it isn't considered to be an expense or benefit. Is this correct?


I can't reiterate enough that this isn't a company lease car, this is a personal lease via a salary sacrifice meaning that the cost of the car is deducted from her pay before paying tax and national insurance but this entry on the P11D form brings her personal allowance down considerably.


This has been in the process of being sorted for a few months, Payroll initially agreed that this was a mistake and the cash equivalent of the vehicle should be set to 0 and she shouldn't be paying tax on it as the cost is already deducted, they have now backtracked on this and said that it does need to be included, therefore the tax office say it is a 'benefit in kind'. Tax office have given her a rebate as she has been paying this since 2014 and only noticed in April this year but due to Payroll's change of stance on it she is now expected to pay all of this back.


We need some advice on whether this is correct or not? We appreciate it is a complicated situation and would welcome any questions.

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