If a Director of a UK company has a Company credit card (no Company car) and uses it for purchasing fuel for his private car, am I right in saying that the annual figure should appear on his P11D under section M and thus subject to class 1A but not class 1. This appears to be the advice on HMRC website. The further complication is that the same Company credit card is used for manintenance and repairs on the same private and I'm not sure if that is treated differently i.e. subject to class 1
System of Law: England-and-Wales
Exploring HMRC website etc.
Hi.Can you point me at the HMRC web page that appears to suggets that your private mileage costs are subject to Class 1A NIC (employer's) and Class1 employee NIC please.
I'm sorry but you appear not to understand the question. The Company credit card is being used for private fuel so it is a benefit to the Director and obviously taxable but which class of NI is it subject to. The question I suppose is where do you think it should appear on a P11D if at all and what about servicing and maintenance costs?
I'm not confident that you can answer this question as you shouldn't need to ask me for links to HMRC.
However, here is one link see table on page 16 http://www.hmrc.gov.uk/guidance/cwg5.pdf
I understand the question perfectly well. I asked for the link to the Revenue web page so I could see what informed your belief that the figure for private fuel goes into Section M of the P11D.Even though your car fuel bill is settled by the your employer, by using a company credit card you are effectively reimbursed by your employer. The payment is subject to Class 1 NIC under the "any other circumstances" part of Car/van fuel heading on page 16 of CWG5 and should be entered in the box not labelled C1A in Section M of the P11D. Refer to the credit card section on page 62 and 63 of CWG2 for the reasons it is subject to Class 1 NIC and not Class 1A NIC.As for the other private car expenses, these are covered by the credit card section on page 17 of CWG5 and are subject to Class 1 NIC. They should be entered into Section C of the P11D.Let me know if you have any further queries.
Did you receive my reply as I can't see it on here.
No, it doesn't appear to have come through. Can you try again please.
Sorry, It appears that we are looking at the same info and interpreting it differently. When I look at cwg5 page 16 I clearly see "where car/van fuel is provided for private motoring in a private car and using a company credit card then class 1 nics "no" class 1a nics "Yes". Any other circumstances is not applicable.
Again when I look at cwg2 I see on page 62 I see that car/van fuel supplied using company credit card should not be included in gross wages for nic but class 1a liability may exist.
I can't see how you can see where class 1 would exist. Perhaps I am being stupid but I need further explanation.
You certainly aren't being stupid. This area of tax and nic is a minefield.If you look at the top of page 62 of CWG2 in the car/van fuel section it says that Class 1 NIC will not apply if the conditions in the last section of page 62 (credit cards) and the first section on page 63 (credit card) are satisfied. You didn't buy the goods (fuel) on behalf of your company nor were they payments relating to business expenses or readily convertible (to cash) assets so the conditions are not satisfied. The car/van fuel section on page 16 of CWG5 refers to the conditions in CWG2.Further clarification can be found here, here and here.
Fair enough, it appears I have misunderstood. I can't see why it should be different from fuel provided from the Company's own fuel pump or indeed I can't see the point in cwg5 stating no to class 1 and referring to footnote 2 which also implies class 1a and then saying if conditions in cwg2 are met.
I can't see how the conditions could ever be met in that case unless we could say prior authority given etc. But if the conditions can never be met why show it in cwg5 and in footnote 2.
I bow to your greater knowledge and I'm happy to accept your answer but I am not entirely satisfied that their booklets are not a bit ambiguous.
The other links you provided seem to be much clearer and leave little doubt but they do not refer specifically to fuel unlike cwg5 .
I suppose the argument would be that goods and services covers fuel and everything else but then why mention it at all in cwg5.
Anyway, I won't trouble you further and I appreciate your patience so I will rate highly.
You are quite right to complain about the complexity. I've been in tax for over thirty years and some of the PAYE and NIC rules still don't have any logic.
Inc Tax, CGT, Corp Tax, IHT, VAT.