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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15916
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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Ok I have a company car last 8 years which is taxed

Resolved Question:

ok I have a company car for the last 8 years which is taxed in 2012 -2013 tax year I was working for my company abroad but still had the car, my wife sometimes drove it but rarely while I was away ; during my time away I never received the free Fuel for my car at all but was charged for it by tax man as normal , recently I have received a p800 saying I underpaid on my car benefits for that year and I owe them 2000 pounds they tell me they have already taken 1400 pounds from me and they will take the remaining 600 during 2016-2017 tax year , my question is can I ask for a review of my p11d form for that tax year ???? my contract was 7week away three home. so ok I had the use of car but never at any time did I receive any free Fuel ?, so can I claim for partial no use of car? and all of the personal fuel allowance ???
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.
Hi. As the car was available for use by your wife while you were abroad, you won't get the car benefit reduced I'm afraid. In order for there to be no taxable benefit, your employer has to given you a notice in writing that you are not allowed to use the company car for private travel. As far as the fuel benefit is concerned, your employer either paid for your private fuel or it didn't. The P11D probably shows that you had a fuel benefit which you could have queried at the time it was completed. However, you do have four years from the end of the tax year to query things such as this. That means that you have until 5 April 2017 to raise an issue on 2012/13. I hope this helps but let me know if you have any further questions.
Customer: replied 1 year ago.
ok just a little more info on the fuel I normally have a fuel card for the car but just before I left for abroad the card expired I was not issued with another I never questioned this at time because i thought it wrong to be using company fuel for either wife when I was away or me when I was home in your opinion do you think I have case for reduction on the fuel
Expert:  TonyTax replied 1 year ago.
If you didn't have the fuel card at all in the tax year, then the benefit should not have been reported on the P11D. It may be difficult to prove that it was given up during the 2012/13 tax year. It may be that the fuel benefit has been apportioned already.
Customer: replied 1 year ago.
what do you mean apportioned already ? I know i was charged the full amount for fuel benifit that year
Expert:  TonyTax replied 1 year ago.
I didn't know that because you didn't say so. If the card expired during the tax year or before the start of the tax year and wasn't replaced, it begs the question as to why your employer reported a full tax year fuel benefit on the P11D and that is something you will need to take up with them. HMRC will want some proof of the fuel card expiry which your employer should be able to provide.
Customer: replied 1 year ago.
ok so last question if I can prove that no fuel was provided to me during my time abroad is it reasonable that I get the required reduction in tax liabilty ?
Expert:  TonyTax replied 1 year ago.
Yes, if no fuel card was available or used in the 2012/13 tax year or you repaid the cost of any privately used fuel.
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