Taking my company car off me.

k3lvc

miss_zoeee wrote: »

I pay the tax on this and I also pay £16 a month directly out of wages for fuel contribution.

sangie595 wrote: »

It is not your car. And, frankly, £16 a month tax on it is miniscule, probably because it is not "yours". If it were "yours", unless it's a two seater, pedal powered scooter, you'd be paying an awful lot more I suspect.

So you could possibly argue sole use, although precedent suggests this isn't true, but I suspect that you'll find your tax bill goes up a lot. Or you could continue as past practice - the car is theirs and you are lucky enough to get quite a lot of personal use out of it, for which you pay very little.

OP is already paying Tax on the car PLUS £16pm towards private fuel

sangie595

jobbingmusician wrote: »

I'm not so sure. By which I mean exactly what I say - I don't know the answer to this.


But the people who DO are called the HMRC and are at the end of a phone. Why not call them and ask?

Also....

You have told us you're going on holiday, but not for how long. I would expect HMRC's answer to be that you shouldn't be paying tax on the BIK if you are going for 6 months, for example.... I assume that if their answer is 'yes, your employer can do this and you have to keep paying the tax' there must be a holiday length where this statement is no longer true. It would be interesting to know what this is!

HMRC are the people who know how much tax you should pay. And nothing more. They do not know who is allowed to drive the car, or under what conditions. That is between the person who has control (which may be ownership, or it may be the holder of a lease) of the car (in this case the employer) and their employee.

sangie595

k3lvc wrote: »

OP is already paying Tax on the car PLUS £16pm towards private fuel

Ok. But paying tax still doesn't transfer ownership.

Takeaway_Addict

k3lvc wrote: »

OP is already paying Tax on the car PLUS £16pm towards private fuel

Wow a whole 16pm on fuel, frankly if they kick up a fuss the employer maybe inclined to work out a more appropiate amount



The op is making a mountain out of a molehill...seriouslly....why make issues for a day or two of no car.....

Dazed_and_confused

jobbingmusician wrote: »

I'm not so sure. By which I mean exactly what I say - I don't know the answer to this.


But the people who DO are called the HMRC and are at the end of a phone. Why not call them and ask?

Also....

You have told us you're going on holiday, but not for how long. I would expect HMRC's answer to be that you shouldn't be paying tax on the BIK if you are going for 6 months, for example.... I assume that if their answer is 'yes, your employer can do this and you have to keep paying the tax' there must be a holiday length where this statement is no longer true. It would be interesting to know what this is!

30 days (amongst other things) seems to be relevant

https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim25175

miss_zoeee

Takeaway_Addict wrote: »

Wow a whole 16pm on fuel, frankly if they kick up a fuss the employer maybe inclined to work out a more appropiate amount



The op is making a mountain out of a molehill...seriouslly....why make issues for a day or two of no car.....

I was merely asking a question. No need to be so rude.

Takeaway_Addict

miss_zoeee wrote: »

I was merely asking a question. No need to be so rude.

I wasn't....

sangie595

miss_zoeee wrote: »

I was merely asking a question. No need to be so rude.

That was no more being rude than it is rude to tell the owner of a car that they can't use it as they wish to. It doesn't seem that what you have is a "company car", but a car which the company owns that they allow you to have some private use of. Most people with a company car have sole use of the vehicle, and the leasing arrangements may even be in their name as well as the companies. And there is a legal agreement that this arrangement is for a fixed period of time, and cannot be terminated early without penalties to the employee. There have been previous periods when you have been required to leave it with the company, and for other people to drive it, so you have always known these were the terms. Now, because someone you know with no expertise or experience has said that you have rights over the car, which there is no evidence to support, you want to argue with your employer about it.

Be careful what you wish for. The employer could decide you don't ever take it home.

ohreally

Takeaway_Addict wrote: »

I wasn't....

Perhaps a snowflake!

BoGoF

The legislation states that a car benefit charge arises if a vehicle is available for private use to the employee. If the car is taken off you then it is not available to you and you would be within your rights to ask your employer to reflect this on the P11d. The period where it is given to another employee is a taxable benefit on that other employee.

Does your employer want the hassle of increased admin costs for this?

Although they may not take kindly to you raising these issues.