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Company car - benefit in kind.


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Can someone please advise?


My husband started work with employer Nov 2006 but initially didn't take up the personal use of company car. After our car was written off in an accident he wrote to his employer asking that they arrange to make the appropriate tax deductions for personal use of the company car. He has just been informed by his employer that no deductions for the company car benefit in kind have been made by them - he has never received a P11D. At least 3 other people within the company have been told that HMRC doesn't have the correct car details for them and so they have hastily been contacting their tax office to correct.


They are trying to suggest that its my husbands fault, however from info I have found it seems like the company hasn't been filling in the correct forms/returns to the tax office. As soon as we found out about this my hubby contacted his employer 4 times to ask them for the details that he would need to give the tax office and each time the company has been obstructive and just told him that he needs to sort it out with hmrc. We have ended up having to contact the leasing company direct to get the details and work out the P11D amounts ourselves on the HMRC website.


Does anyone have any advice on how to sort this out? I also feel that the company are trying to say that this is misconduct on his part and using it as an excuse to discipline him or get rid of him. Any help out there would be really appreciated.

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Hello there. I agree with you, the company should be providing P11Ds. If they haven't I think they could have a problem themselves with HMRC.


It's not up to the company to make the deductions though, this is normally told to them by HMRC when someone's tax code is adjusted. I don't know how employers are meant to notify them offhand before a P11D at the end of a tax year, although that information could be on HMRC's website. So yes, your OH and his colleagues will need to sort out what they owe, but I think the employer has been very naive over this. I certainly don't think they should be passing the blame to your OH.


HMRC have a helpline, have you spoken to them? I haven't had dealings with them lately, so I don't know if the people are knowledgeable or not. Your other option would be to see and accountant, but of course there would be fees involved apart from maybe an initial half hour meeting to see if they can help you.


If the company get funny later, start a thread on the employment forun here.


My best, HB

Illegitimi non carborundum




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