Benefits in Kind
Capital Gains Tax (CGT) - rules rewritten
Charitable Giving
Charities: Trustees' Responsibilities
Company Cars
Consumer
Protection and the Law
Corporation Tax Self Assessment
Directors Responsibilities
Dismissal Procedures
Dividends - the Post 6 April 1999 Regime
E-Commerce: The Jargon Demystified
E-mail/Internet Acceptable Use Policy
Enterprise
Investment Scheme
Inheritance Tax
IR35
Limited Liability Partnerships
National Insurance
National Minimum Wage
Preparing for your Accountant
Quarterly Instalment Payments
Raising Finance
Recruitment Procedures
Stakeholder Pensions
Statutory Maternity Pay and Statutory Sick
Pay
Starting Up in Business
Taxation of the Family
Tax Saving Opportunities for Companies
Travel and Subsistence for Directors and Employees
Use of Trusts
VAT
|
COMPANY CARS |
The current rules for taxing company cars will be replaced
from 6 April 2002. As a result, there may be significant changes in
the amount of tax payable by an employee.
The extent of the
change will depend upon: |
-
The type of car provided to an employee
-
The number of business miles travelled
|
|
We
set out below the main areas of importance. Please do not hesitate
to contact us if you require further information and whether changes
should be made the type of car provided to an
employee. |
THE
CURRENT RULES
The tax
charge for an employee provided with a company car is currently
based on a percentage of the list price of the car. The percentage
is dependent upon the level of business mileage and the age of the
car. The lowest percentage charge arises for someone doing high
business mileage in an older car. The highest percentage charge
applies to someone driving very few business miles in a newer car,
the so-called ‘perk’ car.
The complete list of charges for
the current tax year (2001/02) is set out below. |
|
Business miles |
Vehicles under four years old |
Vehicles at least four years old |
|
0 -
2,499 |
35% |
26.35% |
|
2,500
- 17,999 |
25% |
18.75% |
|
18,000 and over |
15% |
11.25% |
|
THE NEW
REGIME
The new
regime will continue to tax company cars by reference to the list
price of the car but graduated according to the level of its carbon
dioxide (CO2)
emissions. The new regime is intended:
-
to encourage manufacturers to produce cars which are more
environmentally friendly; and
-
to give company car drivers and their employers a tax
incentive to choose more fuel-efficient
vehicles.
The existing business mileage and age related discounts will
be abolished. This is at least in part because the government
believes that up to 300 million business miles may be driven
unnecessarily each year in order to reach the mileage discount
thresholds.
Percentage charges As under the
current regime, the percentage charge for the majority of cars will
be between 15% and 35%. The new emissions table is set out
below.
|
CO2
emissions in grams per kilometre
|
% of
car's price taxed |
|
2002/03 |
2003/04 |
2004/05 |
|
165 |
155
|
145
|
15 |
|
170 |
160
|
150
|
16 |
|
175 |
165
|
155
|
17 |
|
180 |
170
|
160
|
18 |
|
185 |
175
|
165
|
19 |
|
190
|
180
|
170
|
20 |
|
195
|
185
|
175
|
21 |
|
200
|
190
|
180
|
22 |
|
205
|
195
|
185
|
23 |
|
210
|
200
|
190
|
24 |
|
215
|
205
|
195
|
25 |
|
220
|
210
|
200
|
26 |
|
225
|
215
|
205
|
27 |
|
230
|
220
|
210
|
28 |
|
235
|
225
|
215
|
29 |
|
240
|
230
|
220
|
30 |
|
245
|
235
|
225
|
31 |
|
250
|
240
|
230
|
32 |
|
255
|
245
|
235
|
33 |
|
260
|
250
|
240
|
34 |
|
265
|
255
|
245
|
35 |
|
If
the CO2
figure doesn’t end in a 5 or 0 round down to the nearest 5
grams per kilometre |
| |
|
| Examples:
Jane was provided with a new company car, a Mercedes CLK 430,
on 6 April 2000. The list price is £50,000. The CO2 emissions
are 281 grams per kilometre. Jane regularly drives 20,000 business miles
each year.
Jane's benefit in kind in 2000/01 and 2001/02 will be
£50,000 x 15% = £7,500
In 2002/03, the taxable benefit will be
£50,000 x 35% = £17,500
Her taxable benefit has increased by
133%.
Phil, on the other hand, has a company car, a BMW 318i,
which had a list price of £21,000 when it was provided new on 6 April
2000. Phil does fewer than 1,000 business miles each year. The CO2
emissions are 188 grams per kilometre.
Phil’s benefit in kind in
2000/01 and 2001/02 will be £21,000 x 35% = £7,350
In 2002/03,
the taxable benefit will be: £21,000 x 19%* = £3,990 *rising to 21%
in 2003/04 and 23% in 2004/05.
Top of page |
| Note:
The CO2
emissions are rounded down to the nearest 5 grams per kilometre - in
this case 185. |
|
Diesels Diesel cars emit less CO2 than
petrol cars and so would be taxed on a lower percentage of the list
price than an equivalent petrol car. However, diesel cars emit
greater quantities of air pollutants than petrol cars and therefore
a supplement of 3% of the list price applies to diesel cars. For
example, a diesel car that would give rise to a 22% charge on the
basis of its CO2
emissions will instead be charged at 25%. The maximum charge for
diesel is capped at 35%.
The 3% supplement will be waived if
the car achieves the clean level of Euro IV standard emissions.
Obtaining emissions data The Vehicle
Certification Agency produces a free guide to the fuel consumption
and emissions figures of all new cars. It is available on the
internet at
http://www.vcacarfueldata.org.uk/. These
figures are not however necessarily the definitive figures for a
particular car:
-
For all cars first registered from 1 March
2001 onwards, the definitive CO2 emissions figure is recorded on
the Vehicle Registration Document (V5).
- For cars first registered between 1
January 1998 and 28 February 2001, the definitive figure is found
by going to http://www.smmt.co.uk/.
This is a service provided by the Society of Motor Manufacturers
and Traders (SMMT).
Factors that won’t change
-
The list price of a car will still be the
price when it was first registered including delivery, VAT and any
accessories provided with the car or subsequently made available
(unless they have a list price of less than £100).
-
The list price will continue to be
restricted to an upper limit of £80,000.
-
Employee capital contributions up to £5,000
reduce the list price.
-
The benefit will continue to be
proportionately reduced if the car is unavailable for part of the
year.
Top of page |
THE
EXCEPTIONS
As with all changes to tax rules there are
exceptions to the general rules.
Cars first registered before 1 January 1998 There is no
reliable source of CO2 emissions
data for cars registered before 1 January 1998. Such cars will be taxed
from 6 April 2002 according to their engine size. |
|
Engine size (cc) |
% of list price charged to tax |
|
0 - 1400 |
15%
|
|
1401 - 2000 |
22% |
|
over 2000 |
32% |
|
Imports
Some cars registered after 1 January 1998 may have no approved CO2 emissions
figure, perhaps if they were imported from outside the EC. They too will
be taxed according to engine size. |
|
Engine size (cc) |
% of list price charged to tax |
|
0 - 1400 |
15%
|
|
1401 - 2000 |
25% |
|
over 2000 |
35% |
|
| Top of page |
EMPLOYEES USE OF OWN CAR
A new statutory system of tax and NIC free mileage rates for business
journeys in employees’ own vehicles will be introduced from 6 April
2002. The current system of authorised mileage rates geared to the car’s
engine size is being replaced by a single rate for all cars and vans.
The statutory rates for 2002/03 will be: |
|
Miles |
Rate per mile |
|
Up to 10,000 miles |
40p |
|
Over 10,000 miles |
25p |
|
Employers can pay up to the statutory amount
without generating a tax or NIC charge.
Payments made by
employers under the new regime are referred to as ‘mileage allowance
payments.
Where employers pay less than the statutory rate (or
make no payment at all) employees can claim tax relief on the difference
between any payment received and the statutory rate. |
| HOW WE CAN HELP
There will be winners and losers under the new regime. In general, the
winners will be those with relatively modest cars driving few business
miles, while the losers will be those driving at least 18,000 business
miles a year in high specification models.
For individuals in
this latter category, it may be time to revisit the issue of the
tax-efficiency of continuing with the company car beyond 5 April 2002. |
| For information of users:
This material is published for the information of clients. It provides only an overview of
the regulations in force at the date of publication, and no action should be taken without
consulting the detailed legislation or seeking professional advice. Therefore no
responsibility for loss occasioned by any person acting or refraining from action as a
result of the material can be accepted by the authors or the firm. Top of page |
|
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