Coca Cola Kombi’s and HMRC

[Jono]

Hum ... I have a high line and think VW forgot to fit any soundproofing ..... it’s noisy on a flat even surface.... on a rough surface with kit on board it’s terrible

Looks like you're a bamboo man, i went starlight blue after peer pressure. Getting a highline too, double electric sliders, LED headlights, adaptive cruise. I'm sure there will be negatives but in general I cover the midlands on motorways and the space and size will counter the bad points. The concrete M54 might be a rattler and I do that most days but hey ho.

 

[Murdoch]

Looks like you're a bamboo man, i went starlight blue after peer pressure. Getting a highline too, double electric sliders, LED headlights, adaptive cruise. I'm sure there will be negatives but in general I cover the midlands on motorways and the space and size will counter the bad points. The concrete M54 might be a rattler and I do that most days but hey ho.

Bamboo ?

 

[Jono]

Bamboo ?

Bamboo Green? I'm assuming that's your van in the pic and that it's Bamboo green?

 

[Murdoch]

Bamboo Green? I'm assuming that's your van in the pic and that it's Bamboo green?

Er no .... it’s blue “Acapulco “ if my memory serves me correctly

 

[andys]

I’m a sole trader ....IR 35 .... HMRC need to be investigating football clubs, radio stations and TV channels ... they ALL break IR 35 rules

Sadly they’ll get round to all of us, the expansion of their investigation teams over the last year has to be seen to be believed One inspector I’ve been talking to says the “prize” is over a billion and they’re under huge pressure from up above to bring in the cash to fill the huge black holes in the country’s finances. Dentistry and parcel couriers apparently the next big targets where they can smell the money so they tell me.

 

[Jono]

Er no .... it’s blue “Acapulco “ if my memory serves me correctly

Oops, sorry about that! Must be my old laptop screen and my tired eyes.... honest!

 

[Murdoch]

Sadly they’ll get round to all of us, the expansion of their investigation teams over the last year has to be seen to be believed One inspector I’ve been talking to says the “prize” is over a billion and they’re under huge pressure from up above to bring in the cash to fill the huge black holes in the country’s finances. Dentistry and parcel couriers apparently the next big targets where they can smell the money so they tell me.

HMRC just need to write black and white rules about employment and self employment ,... it’s that easy. Then create a 3rd category where high earning Self employment, are taxed at sourced from their main source of income. ( e.g. James O’Brien @lbc .... who claims to be self employed, yet has presented the same show for about 15 years ..... self employed .... no way)

 

[Murdoch]

HMRC needs to be given the freedom to employ more people as revenues rise ..... it’s that simple

 

[andys]

They’ve been very clever with the wording of the new IR35 rules that come in next April. If you do contract work for a company, as a small limited company yourself , then the larger company has to decide for themselves whether you should be treated as their employee according to a tight set of rules. The stick held over them is that if they decide you shouldn’t be, and HMRC later decide they were wrong, there are very large fines, so where it’s a bit ambiguous they may feel its safer to say you are. The upshot of this is that, even though you are trading as a limited company, you could be declared as an employee against your will and with no comeback. And no, that still wouldn’t give you the standard employment rights (holiday etc) even though you will be having PAYE and NI deducted at source.
The ructions that are happening behind the scenes this year are because they really want to move that onto sole traders and partnerships, though they’ve run out of time to get that through for next April. The big tv “personalities” get the headlines but HMRC would much rather get £5000 extra off 1 million people than £100k each off the big names.

 

[xcentric]

Does anyone know what exactly the Kombi in question was? It's not mentioned in the judgement. In particular, was it LWB or SWB?

 

[Jono]

Does anyone know what exactly the Kombi in question was? It's not mentioned in the judgement. In particular, was it LWB or SWB?

I think it’s in the full transcript of the court session that is available online somewhere as I’ve read it.

 

[xcentric]

no, it's not.
It says T5 and T5 mark 2 Kombi. nothing more.

 

[Jono]

no, it's not.
It says T5 and T5 mark 2 Kombi. nothing more.

Sorry, my mistake. The transcript and court session was so detailed i'm surprised they didn't get this bit in more detail.

 

[xcentric]

I agree it's odd. And somewhat critical, I'd have thought!

 

[Jono]

I agree it's odd. And somewhat critical, I'd have thought!

Me and two colleagues have just taken delivery of a highline swb kombi each as company vehicles which we are allowed to use for personal use. We were on company car tax, now van benefit. This case made me worry so much about tax implications i nearly stopped the whole thing at work. I spoke to one of my directors and he put my mind at rest from a financial point of view. I also spoke to HMRC, on the record, as phone calls are recorded. There is quite a difference between central HMRC and individual tax offices in terms of the info they know. I still feel that HMRC could come for me as they did with these employees but we will cross that bridge if we have to. I often wonder exactly how much knowledge of laws someone is expected to know? For example i'd have thought the fact that my van is designated as commercial for speed limits ought to mean it is designated commercial for income tax too. One government after all!?

 

[xcentric]

I spoke to one of my directors and he put my mind at rest from a financial point of view. I also spoke to HMRC, on the record, as phone calls are recorded.

Can you explain how your director put your mind at rest?
And what did HMRC say, on the record? I'm interested to know what they might and might not commit to!

 

[Keeff]

It looked to me as the coca cola vans are panel vans converted to a kombi.That cannot be the same as a kombi built in the factory unmodified sold as a commercial vehicle or have i got it wrong.

 

[xcentric]

doesn't matter, as far as I can see from the judgement. Construction included post-factory changes.....

 

[MicP]

The way I read it is that in the original case the classification was wrong both kombi and vivaro should have both been goods vehicles or both been cars. They seemed to focus on the badge on the front not the inside. But then both appeals by hmrc and coca cola couldn't argue the other way. Even though both had bulkheads behind rear seats the Vivaro has fixed rear seats and windows, the kombis had removable rear seats and no windows!