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JGM, Solicitor
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Experience:  30 years as a practising solicitor.
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I left my previous employer on the 28-2-14, when i left

Resolved Question:

Hi I left my previous employer on the 28-2-14, when i left i was submitted a P45 which was fine. I now currently work in the middle east but on my return for vacation last year I had a letter from HMRC stating I owed them over 2000 pound, after much searching it came apparent that my company had submitted a different P11 than my P45 and the tax deficit was for my fuel card. I had worked for five years with the company but never paid tax on my fuel card previously as i was based from home and my car was used for business only and i had a second car for private use. The HMRC are saying my former company need to issue and a new P11 where as the company are refusing saying that i should have submitted a mileage log but it was never asked for before i left.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Have you asked the comapny why a mileage log is needed where:
1. You weren't asked for one before.
2. The care was solely for business.
If they don't issue a revised P11 and HMRC insist that you pay the tax then you can claim this payment from the employer as they are in brach of their duty to you by issuing a document to the taxman that is wrong.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Hi

Thanks for your response. I have attached my email response with the head of accounts from the company if it helps.

regards

Martin

Hi Darren

Hope you are well, I got your contact details from ***** *****. I worked at RHT for nearly five years but left in February 13, I have received a tax bill for over two thousand pound from my final year at RHT.

I contacted them and yourself's when i was back in the country around six months ago and was told this was due to my tax code being changed on my P11 when it was submitted. After searching and many phone calls it came to light that this was tax on my fuel card. While working for RHT i was based from home and my fuel card was used for company fuel only, i had my own car which was used for personal use as my company car was full of tools, equipment and had ladders and steps on the roof.

When i last spoke with finance i was told this would be rectified, but still to date nothing has been done and i am now getting fined by the Tax man and getting self certificates sent out.

Would it be possible for you or one of your colleagues to have a look at this, so i can get the situation rectified as soon as possible.

Thanks in Advance

Martin Duffy <*****@******.***>
09/12/2014

to Darren
Hi Darren

Hope you are well.

Do you have any further information on the above email, as I am travelling back to the UK in the next couple of weeks and need to speak with my accountant regarding this.

Thanks

Darren Hardcastle
Attachments17/12/2014

to me
Hi Martin

I apologise for the delay in responding to your query.

To give you the short version, for FY2012/13 P11d’s anyone who had a fuel card that had not provided mileage records had fuel benefit submitted on their return.

Prior to 2012/13 fuel benefit had been omitted but it came to light that adequate record keeping had not taken place and RHT have recently had to pay the outstanding tax and NI on this. Every driver who had a fuel card signed the motor vehicle policy which states that it is the drivers responsibility to keep and maintain mileage records. I have checked RHT records and cannot find any mileage records for you?

I have attached a copy of your P11d for 2012/13 for your records.

Please let me know if you require anything further?

Kind regards

Darren

From: Martin Duffy [mailto:*****@******.***]
Sent: 09 December 2014 07:16
To: ***** *****
Subject: Re: Martin Duffy

Reliance High-Tech Limited (registered number(###) ###-#### ***** ***** in England and Wales and has its registered office at 132 Buckingham Palace Road, London, SW1W 9SA.
This e-mail is confidential and is intended solely for use by the individual to whom it is addressed. Access to this e-mail by anyone else is unauthorised. If you are not the intended recipient, please notify us immediately by returning this e-mail to sender or calling +44 (0)845(###) ###-####and delete this e-mail and any copies of it from your computer system.
Please be advised that if you have received this mail in error, any use, dissemination, forwarding, printing or copying of it is strictly prohibited. Any views or opinions expressed in this e-mail are solely those of the author and do not necessarily represent those of the company. Although we operate an active anti-virus policy, the company accepts no liability for any damage caused by any virus transmitted by this e-mail, including any attachments.
Attachments area
Preview attachment duffy_martin_m_jh189328a_17261_p11d_20122013.pdf
PDF
duffy_martin_m_jh189328a_17261_p11d_20122013.pdf

martinduffy67 <*****@******.***>
17/12/2014

to Darren
Hi Darren

Thanks for your response. I was never asked to submit fuel or milage records before my P11 was submitted and nothing was stated when my p45 was issued at the start of march only one month before year end. I had spoken to head office personal regarding the car situation on several occasions, regarding my car. I was based from home as per my contract as the Glasgow office was a satellite office only, and had my own personal car for private use. Therefore I never used the car as a personal privilege. My car had a roof rack and steps on the roof and boot full of tools, I quite regularly had material and kit in the back seats as well. There us no way my car could have been used for private use. I have also just noted yhat on the p11 attached in the mail, my cash equivalent of this fuel is over £ 5400 pounds, that equates to nearly £450 worth of fuel per month.

Can someone please call me to discuss this further as far as I can see I am being asked to pay for RHT's mistakes, and if a milage log was required for my personal miles I could have provided this at the time and still can becsuse it is zero.

Regards
Martin

Sent from Samsung Mobile

martinduffy67 <*****@******.***>
17/12/2014

to Darren, me

Hi Darren

Thanks for your response. I was never asked to submit fuel or milage records before my P11 was submitted and nothing was stated when my p45 was issued at the start of march only one month before year end. I had spoken to head office personal regarding the car situation on several occasions, regarding my car. I was based from home as per my contract as the Glasgow office was a satellite office only, and had my own personal car for private use. Therefore I never used the car as a personal privilege. My car had a roof rack and steps on the roof and boot full of tools, I quite regularly had material and kit in the back seats as well. There us no way my car could have been used for private use. I have also just noted yhat on the p11 attached in the mail, my cash equivalent of this fuel is over £ 5400 pounds, that equates to nearly £450 worth of fuel per month.

Can someone please call me to discuss this further as far as I can see I am being asked to pay for RHT's mistakes, and if a milage log was required for my personal miles I could have provided this at the time and still can becsuse it is zero.

Regards
Martin

Sent from Samsung Mobile

-------- Original message --------
From: Darren Hardcastle <*****@******.***>
Date:
To: ***** ***** <*****@******.***>
Subject: RE: Martin Duffy

Hi Martin

I apologise for the delay in responding to your query.

To give you the short version, for FY2012/13 P11d’s anyone who had a fuel card that had not provided mileage records had fuel benefit submitted on their return.

Prior to 2012/13 fuel benefit had been omitted but it came to light that adequate record keeping had not taken place and RHT have recently had to pay the outstanding tax and NI on this. Every driver who had a fuel card signed the motor vehicle policy which states that it is the drivers responsibility to keep and maintain mileage records. I have checked RHT records and cannot find any mileage records for you?

I have attached a copy of your P11d for 2012/13 for your records.

Please let me know if you require anything further?

Kind regards

Darren

From: Martin Duffy [mailto:*****@******.***]
Sent: 09 December 2014 07:16
To: ***** *****
Subject: Re: Martin Duffy

Hi Darren

Hope you are well.

Do you have any further information on the above email, as I am travelling back to the UK in the next couple of weeks and need to speak with my accountant regarding this.

Thanks
Martin Duffy

On 6 November 2014 at 13:37, Martin Duffy <*****@******.***> wrote:
Hi Darren

Hope you are well, I got your contact details from ***** *****. I worked at RHT for nearly five years but left in February 13, I have received a tax bill for over two thousand pound from my final year at RHT.

I contacted them and yourself's when i was back in the country around six months ago and was told this was due to my tax code being changed on my P11 when it was submitted. After searching and many phone calls it came to light that this was tax on my fuel card. While working for RHT i was based from home and my fuel card was used for company fuel only, i had my own car which was used for personal use as my company car was full of tools, equipment and had ladders and steps on the roof.

When i last spoke with finance i was told this would be rectified, but still to date nothing has been done and i am now getting fined by the Tax man and getting self certificates sent out.

Would it be possible for you or one of your colleagues to have a look at this, so i can get the situation rectified as soon as possible.

Thanks in Advance
Martin Duffy

Hi Martin

I apologise for the delay in responding to your query.

To give you the short version, for FY2012/13 P11d’s anyone who had a fuel card that had not provided mileage records had fuel benefit submitted on their return.

Prior to 2012/13 fuel benefit had been omitted but it came to light that adequate record keeping had not taken place and RHT have recently had to pay the outstanding tax and NI on this. Every driver who had a fuel card signed the motor vehicle policy which states that it is the drivers responsibility to keep and maintain mileage records. I have checked RHT records and cannot find any mileage records for you?

I have attached a copy of your P11d for 2012/13 for your records.

Please let me know if you require anything further?

Kind regards

Darren

From: Martin Duffy [mailto:*****@******.***]
Sent: 09 December 2014 07:16
To: ***** *****
Subject: Re: Martin Duffy

Hi Darren

Hope you are well.

Do you have any further information on the above email, as I am travelling back to the UK in the next couple of weeks and need to speak with my accountant regarding this.

Thanks
Martin Duffy

On 6 November 2014 at 13:37, Martin Duffy <*****@******.***> wrote:
Hi Darren

Hope you are well, I got your contact details from ***** *****. I worked at RHT for nearly five years but left in February 13, I have received a tax bill for over two thousand pound from my final year at RHT.

I contacted them and yourself's when i was back in the country around six months ago and was told this was due to my tax code being changed on my P11 when it was submitted. After searching and many phone calls it came to light that this was tax on my fuel card. While working for RHT i was based from home and my fuel card was used for company fuel only, i had my own car which was used for personal use as my company car was full of tools, equipment and had ladders and steps on the roof.

When i last spoke with finance i was told this would be rectified, but still to date nothing has been done and i am now getting fined by the Tax man and getting self certificates sent out.

Would it be possible for you or one of your colleagues to have a look at this, so i can get the situation rectified as soon as possible.

Thanks in Advance
Martin Duffy

Darren Hardcastle
Attachments23/12/2014

to me
Hi Martin

Whilst I appreciate your frustration at what appears to be loose controls over the mileage recording issue, you did sign the motor vehicle policy which clearly states the requirement for returns. I have attached a copy of the relevant section.

To be able to prove a NIL benefit the user must keep record of all mileage travelled in the vehicle (odometer readings) to show that it was all business use.

Kind regards

Darren

From: martinduffy67 [mailto:*****@******.***]
Sent: 17 December 2014 18:51
To: ***** *****; Martin Duffy
Subject: RE: Martin Duffy

Attachments area
Preview attachment Untitled_20141223_123526_001.pdf
PDF
Untitled_20141223_123526_001.pdf

Martin Duffy <*****@******.***>
15:00 (2 hours ago)

to Darren
Hi Darren

As a company you should have asked me for my mileage reports before I left the company, how do you know I didn't have a log of all these reports instead of assuming.

I have also spoken to others employees who were on the same contract as me and they never paid said fine as this was revoked and a new P11 was issued.

I have issued all relevant documents to an employment lawyer and an accountant to have a look at, as I believe that RHT are fully responsible for the issues.

Regards

Click here to Reply or Forward

Expert:  JGM replied 2 years ago.
This doesn't change my advice. If they didn't insist on the mileage records then that is their look out. You can have a condition of contract which isn't implemented and that what has happened here. They can't now rely on it and in any event, mileage isn't necessary where the vehicle is solely a works vehicle.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, i will contact them again and await their response