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The interesting but unnecessary tribunal case of MWL International Ltd and Maywal Ltd

24 June 2024 / John Messore
Issue: 4942 / Categories: Comment & Analysis , company cars , Employment tax , NICs , Employees
179185
Law trumps all

Pool cars estoppel legitimate expectation ultra vires – these were all discussed in the interesting but unnecessary First-tier Tribunal case of MWL International Ltd and Maywal Ltd (TC9169).

Many aspects of tax were covered in this case which I say was unnecessary because:

  • the agreement between HMRC and the taxpayer regarding pool cars was severely flawed and should never have been given in that form arguably the Inspector was negligent; and
  • the cars were demonstrably not pool cars and so in my view the appeal should not have been brought.

Brief facts

The case relates to 12 cars being seven Mercedes two Teslas one Land Rover Discovery one BMW and one Porsche Cayenne mostly kept at the managing director’s house and which were treated as pool cars.

At a meeting in 1993 the Revenue inspector agreed with the taxpayer...

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