Availability for private use of cars owned by company

The taxpayer ran a car dealership selling new cars and buying and selling secondhand vehicles. In 2001 it bought a rare Maserati and in 2005 a Ford GT40. After a PAYE audit in 2016 HMRC concluded that the cars had been made available to the company director for longer periods than stated in the forms P11D. It raised assessments for the years 2010-11 to 2016-17.

The taxpayer appealed. 

The tribunal found that both cars were kept at the company’s premises and were not used for commuting. The keys were kept in a locked box in the office and the company taxed and insured the cars only when they were used. After use a SORN (statutory off-road notification) was made. The director used the cars for business for example trade shows but the employer’s handbook stated that management permission was required for private use and this restricted their availability.

The tribunal...