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bigduckontax
bigduckontax, Accountant
Category: Tax
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My son-in-law as recently received his P11D for 2013/14 showing

Customer Question

My son-in-law as recently received his P11D for 2013/14 showing the following benefit values:
Van - £3,000
Fuel for van - £564
Credit cards - £2,728
By way of background my son-in-law is employed as an engineer by an IT company. He is not a director or a shareholder of the company and is in no way related to any director or shareholder of the company. As an IT engineer, he is required to travel quite extensively to customer's premises located throughout the UK to install and/or repair IT equipment and systems operated by these customers. This means that virtually 100% of his normal working hours (and in some cases more than 100% when for example he is required to start early or arrive back home late to achieve an agreed attendance time with customers located further afield) is spent either travelling to or from the customers premises or working at their offices. In order to transport the IT equipment between the company's offices and the customers premises for installation and repair it is a necessary part of his job to use the company's van provided specifically for that purpose. In fact, if he was not able to use the company van he would not be able to meet his employment duties to the company.
As part of the process, he is required to travel to/from home to the company's offices each morning and evening to load up or drop off any IT equipment for repair or installation. This is necessary for security purposes since the company would always seek to avoid a situation where valuable IT equipment is left unattended in the van overnight. He was also required by the company to take the van home with him at night since it was felt to be in a safer environment there than being left at the company's premises where no secure facilities exist for the van to be left overnight. Furthermore having the van at his home meant that in the event of an emergency repair call-out by a customer not requiring the pick-up of equipment, he was able to drive straight to their premises without the added delay of calling in at the office.
In respect of any private use by him of the van I am happy to confirm that there was none. This is because not only was he explicitly instructed by a director of the company that such use was prohibited but all fuel for the van was paid for on the company's credit card and checks were carried out by the director on each payment receipt and recorded mileage, which would have confirmed that no unaccounted trips had occurred. Furthermore the director was aware that both he and his wife have their own car each fitted with a child carrier to transport their baby daughter. In this situation it would be sensible to conclude that using the van for private purposes would be both illogical and dangerous (let alone illegal) since the van is clearly not appropriate for family use. Therefore, this provides further assurance that in the absence of an obvious incentive there would have been no reason for the van to be used by him for private purposes.
In summary this means that the company van is used mainly for business travel and that its only other use is for ordinary commuting by my son-in-law from his home into the office. In this situation I believe that there is no van or fuel benefit to report on the P11d and on this basis the P11d prepared by the employing company is wrong and a corrected form should submitted. Do you agree?
The amount of £2,728 represents payments made on the company's credit card provided to him for his use on entirely business related matters. In fact the card was issued to him solely for the purpose of paying for the fuel required to run the company van, which the director's check of the credit card receipts would have confirmed this always to be the case. However, there was one occasion during the year when my son-in-law was required to work away from home at a customer's premises. In this instance the director gave him specific permission in advance to use the company credit card to settle the hotel bill for accommodation and an evening meal both of which were subsequently supported by an appropriate invoice.
Given that the total payments made on the company credit card are clearly 100% business related it seems difficult to believe that HMRC would require these to be reported on his P11d despite the fact that no dispensation is in place for this matter. Could you clarify this matter?
Submitted: 2 years ago.
Category: Tax
Expert:  bigduckontax replied 2 years ago.
Hello, I'm Keith and happy to help you with your question.
I agree. The issue of a P11d is clearly incorrect as the vehicle in question is employed exclusively on his employer's business.
The matter will have to be taken up with his employer. They have issued an incorrect document and will have to amend their end of year submission to HMRC. Any demand by HMRC for additional income tax pursuant to the 11d should be appealed as soon as any assessment is made. This is done by letter which should set out the circumstances along the lines of your question to me.
I do hope I have pointed you in the right direction. It is not unusual for employers and even HMRC to make such a basic error.
Customer: replied 2 years ago.

Hi Keith

Many thanks for the reply. Could you also specifically confirm that the company credit payments should also be excluded from the P11d.

Many thanks

Paul

Expert:  bigduckontax replied 2 years ago.
Oh yes, Paul, I regret that I had assumed that to be the whole contents of the P11d!
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Expert:  bigduckontax replied 2 years ago.
Thank you for your excellent support.

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