|HMRC Reference:Notice 700/64 (July 2012)||View Change History|
This notice cancels and replaces Notice 700/64 (November 2011).
This notice explains:
There are some exceptions to these rules which are also listed.
Anyone who is registered for VAT and is charged VAT on motoring expenses.
The VAT (Input Tax) Order 1992 (SI 1992 No 3222) Article 2 defines what a car is.
The VAT Act 1994, sections 56 and 57 cover scale charges.
The VAT (Input Tax) (Reimbursement by Employers of Employees’ Business Use of Road Fuel) Regulations 2005 (SI 2005 No 3290) deals with fuel supplied to the employer for use in the employer’s business where it is delivered and paid for by his employee on his behalf and where the employee is reimbursed.
A car for VAT purposes is any motor vehicle of a kind normally used on public roads which has three or more wheels and either:
Yes. The following are not cars for VAT purposes:
A qualifying car is a car, which has not been subject to the full input tax block. This means that your business or any previous owner has recovered the input tax on the purchase in full. Such cars will be sold on a normal tax invoice with VAT charged on the full selling price.
You can convert a commercial vehicle into a car for VAT purposes. But if you recover VAT on the purchase of the vehicle you must account for output tax when the conversion is completed. The value for VAT purposes is the value of the vehicle at the time the conversion is completed, including the cost of the conversion. You can recover VAT on any parts bought for the conversion.
Examples of some of the ways in which you might convert a commercial vehicle into a car include:
In some cases you may convert a vehicle defined as a car into a commercial vehicle. This can be done, for example, by removing rear seats, seat belt mountings, and windows permanently or by adding additional seats so that the vehicle can legally seat twelve or more people. You can only recover the VAT on the car if it was bought specifically for this conversion and not used as a car.
If you construct a car from a kit or from separately purchased new parts, you can recover the VAT charged. However, if you sell the finished car, you must account for VAT on the full selling price in the normal way. If you use the finished car in your business for a purpose that would qualify for input tax recovery you must account for VAT on the self-supply in the normal way.
You can find further information on adapting or modifying a car for the use of the disabled in Notice 701/59 VAT relief on motor vehicles adapted for the disabled.
As a general rule, you cannot recover the VAT on the purchase.
However, if you buy, import or acquire one of these excepted cars, you may recover VAT in full.
These are a car which:
A stock in trade car is one, which is either:
A car remains a stock in trade for so long as it is the intention of the dealer or manufacturer to sell it within the next 12 months.
If a car ceases to be stock in trade and it no longer qualifies for input tax recovery under one of the other exceptions, a self-supply occurs (see paragraph 3.10).
Yes, but only if the car is a qualifying car and you intend to use it primarily for:
A car is used exclusively for a business purpose if you use it only for business journeys and it is not available for private use. This means that you do not intend to make it available for the private use of employees or anyone else.
A car is available for private use when there is nothing preventing you or your employee from using the car for private use. The fact that you bought your car for the purpose of your business is not the only requirement. You need to ensure that the car is not made available to any one else.
Yes as long as it is:
Cars bought or imported for the purpose of sale and lease back will not be treated as available for private use provided you account for output tax on the resale to the leasing company in the same tax period as you recover input tax on the purchase.
You may recover VAT on these cars. But the amounts you charge the lessee must not be less than those for a commercial arms length letting. In other words, the charges must be equivalent to those lessees would pay to lease the car on the open market.
If you recover VAT on a car because of one of the exceptions in paragraph 3.1, but later put the car to a use that would not qualify for recovery under any of the exceptions a 'self supply' occurs.
A 'self supply' means that you must account for output tax at the time of the change of use on the current value of the car. You can take the current purchase price of an identical car or, if this is not available, of a similar car as the current value.
Yes, as long as the cars are leased at a commercial rate. You must include a statement as to whether or not each car that you lease is a ‘qualifying car’ on the tax invoice you issue. Your customer needs this information.
If you lease a ‘qualifying car’ (see paragraph 2.3) for business purposes you will normally be unable to recover 50 per cent of the VAT charged. The 50 per cent block is to cover the private use of the car. You can reclaim the remaining 50 per cent of the VAT charged, subject to the normal rules. Notice 700 VAT Guide and Notice 706 Partial exemption give more information.
You can reclaim all of the VAT charged on the lease if the car is a qualifying car and you intend to use it primarily for:
Yes. If the car is hired simply to replace an off the road ordinary company car, the 50 per cent block will apply from the first day of hire. But we accept that in other cases - perhaps you do not have a company car - if you hire a car for not more than ten days to use specifically for your business, the 50 per cent block will not apply.
The 50 per cent block applies to all the VAT on charges you will pay for the rental of the car under the terms of the leasing agreement. This includes:
We have agreed guidelines on what is acceptable as evidence that leasing and maintenance are supplied separately, with the leasing trade organisations. The full text appears in Notice 700/57 VAT Administrative agreements, agreement no. 13, entered into with trade bodies.
If you terminate your lease early, the leasing company may choose to either:
If it chooses to tax, it will normally offset the termination payment against the rebate and issue you with a tax invoice for the difference.
No it does not because the net termination charge is not a charge for the rental of the car. If the rebate exceeds the termination payment, the leasing company will issue you with a VAT credit note for the balance. If VAT on your rentals was 50 per cent restricted, you need adjust only 50 per cent of the VAT credit in your VAT account.
You will receive a rebate of rental payments when a car is sold at the end of a lease. The proceeds are used by the lessor to rebate the monthly rental payments.
If you incur the 50 per cent block on the rental charges on a car and, at the end of the full term of the lease, the lessor issues you with a VAT credit note for a rebate of rental, you need to adjust only 50 per cent of the VAT credit in your VAT account. Further guidance on how to do this can be found in VAT Notice 700 The VAT Guide.
If you use a vehicle for business purposes, you can reclaim the VAT you were charged on repairs and maintenance as input tax as long as the business paid for the work. It does not matter if the vehicle is used for private motoring or if you have chosen not to reclaim VAT on road fuel.
If you are a sole proprietor or partner and use a vehicle solely for your own private motoring you cannot reclaim the VAT on repairs etc as input tax.
When you buy a car on which VAT was blocked (see section 3), you cannot recover the VAT you have been charged on accessories fitted to it at the time of purchase. This applies even if the car dealer itemises them on the sales invoice or invoices them separately. This is because the accessories form part of a single supply of a car, which is subject to the input tax block.
If you buy accessories later and the vehicle is either owned by the business or used in the business but not owned by it (perhaps an employer or director's own car), the VAT charged is not input tax unless the accessory has a business use.
The VAT you incur on all other business motoring expenses (perhaps fleet management charges or parking charges) is input tax and recoverable, subject to the normal rules. Notice 700 VAT Guide and Notice 706 Partial exemption give more information.
If you have recovered 100 per cent of the VAT on a car or other vehicle and then put this into private use, you may have to account for VAT.
No, the reason for this is that the 50 per cent block is a proxy for the private use of the car.
No VAT is due on the private use.
If your employee pays nothing for the use of the car, you must account for VAT on the cost of making the car available for private use. This cost will usually include depreciation; repairs and other running costs; but not any VAT you have recovered as input tax.
HM Revenue & Customs (HMRC) have agreed simplified schemes for calculating the VAT due on the free private use of the stock in trade cars for motor manufacturers and dealers. There is also a similar scheme agreed with the British Vehicle and Leasing Association. You will find details in Notice 700/57 VAT Administrative agreements entered into with trade bodies.
If your employee pays a charge for the private use of the car or other vehicle, you must account for VAT on these charges.
If you sell a car on which you recovered VAT (perhaps a driving school car or a pool car) then you must account for output tax on the full selling price. You must issue a tax invoice to a VAT registered buyer who requests one. Sales of these vehicles are not exempt and they cannot be sold under the second hand margin scheme.
If you sell a car where you were charged VAT but could not recover any of that VAT then you do not have to charge VAT on the sale and cannot issue a tax invoice. This is because the sale of the car will be exempt. Any input tax charged, which directly relates to the sale (for example VAT on auction fees) is exempt input tax. You will find further information about this in Notice 706 Partial Exemption.
When you sell a car on which you were not charged VAT when you bought it (perhaps from a private individual or from a dealer who sold it under the VAT second hand margin scheme) you will not need to account for VAT on the full selling price if you sell it under the VAT Margin Scheme. Under the Margin Scheme, you will only account for VAT on the difference between your purchase price and your selling price. You can find further information in Notice 718/1 The VAT Margin Scheme on second-hand cars and other vehicles.
If you sell a vehicle on which you were charged VAT when you bought it and you were entitled to recover at least part of the VAT, then you must account for output tax on the full selling price. If you were not charged VAT (perhaps a van bought from a private individual) you may use the Margin Scheme for the sale of the vehicle. You can find further information in Notice 718 /1 The VAT Margin Scheme on second-hand cars and other vehicles.
If you buy an eligible vehicle from
you will not be charged VAT provided
an insurance company which has acquired it as a result of an insurance claim, or
a finance house which has repossessed it.
the vehicle is sold on to you in exactly the same state, and
it was obtained by the insurance company/finance house from a person who would not have charged VAT on its supply, for example, a private individual.
You can resell such vehicles using the Margin Scheme. You can find further information in Notice 718 /1 The VAT Margin Scheme on second-hand cars and other vehicles.
If you export cars to a customer outside the European Union (EU) or supply them to a customer in another EU Member State, your supply is normally zero-rated provided that you meet the appropriate conditions. Further information on this can be found in Notice 703 VAT: Export of goods from the United Kingdom and Notice 725 The Single Market. Further information on selling cars in the margin scheme to other EC member states is covered in Section 7 to Notice 718 The VAT Margin Scheme and global accounting.
There are four options you can:
(a) claim all of the VAT because 100 per cent is used for business purpose (see paragraph 8.2)
(b) claim all VAT charged and apply the fuel scale charge (see paragraph 8.2)
(c) use detailed mileage records to separate your business mileage from private mileage (see paragraph 8.3), or
(d) claim no input tax (see paragraph 8.6).
You can claim all the VAT on road fuel if your business funds:
If your business funds both business and private motoring and you wish to recover some of the VAT, but do not want to apply the fuel scale charge (see section 9) you must keep detailed mileage records.
If for example, your records show that the total mileage is 4,290, of which 3,165 is business mileage, and the total cost of the fuel is £368:
The cost of the business mileage is £368 × 3165/4290 = £271.49
The input tax is £271.49 × VAT fraction (VAT rate divided by 100 + VAT rate)
The cost of the private mileage is £368 × 1125/4290 = £96.51
If the total of your private and business mileage is very low you may find that the amount of VAT that you pay by applying the scale charges is more than the input tax that you can claim. If so, you can choose not to apply scale charges as long as you do not claim any input tax on any road fuel bought by the business. This applies to all road fuel bought by the business, whether it is used in cars or commercial vehicles.
If you reimburse your employees for road fuel used you can treat the VAT they paid as your input tax. But you must be able to show that you have reimbursed them for their actual expenditure on the road fuel. (See paragraph 8.9 below for details of what records must be kept.)
If fuel bought by your employees for business is put into private use, you must account for output tax on the private use using the scale charges (see section 9).
You work out your input tax by multiplying the fuel element of the mileage allowance by the VAT fraction. You can do this for all fuel bought (see section 9).
The allowance paid to employees must be based upon mileage actually done.
Yes, if they are paid a mileage allowance you must have records for each employee showing:
Yes, unless your employee purchases the road fuel using fuel card, credit card or debit card provided by you as the employer.
You can recover VAT where road fuel is delivered to your employees and paid for by them on your behalf for use in your business. You must reimburse your employees for the cost of this fuel either on the basis of actual cost or by means of a mileage allowance.
With effect from 1 January 2006, you must retain invoices issued to your employees when the fuel is delivered to them. This can be a full VAT invoice or a less detailed VAT invoice. Input tax may only be claimed on the cost of fuel for business use in making taxable supplies. As such, the invoices only need to cover this amount.
HMRC accept that the amount of the invoice in many cases will not match the input tax claim in respect of business fuel in any one claim period and invoices may cover more than one period, particularly where fuel is purchased towards the end of a period.
Clearly, a claim cannot be supported by a VAT invoice which is dated after the dates covered by the claim. This means, in practice, that it may be advisable for employers to arrange for their employees who use, or may use, their cars for business purposes to retain all fuel invoices. This will ensure that, at the end of the claim period, the value of business fuel is covered by an invoice.
The input tax deduction rules with regard to PE are unaffected by these changes.
The fuel prices per mile rates used to determine the business fuel cost remain unaffected. HMRC publish their own rates Company Cars - Advisory Fuel Rates for Company Cars but also accept rates set by recognised motoring agencies, for example, RAC, AA etc.
A scale charge is a way of accounting for output tax on road fuel bought by a business for cars that is then put to private use. If you use the scale charge, you can recover all the VAT charged on road fuel without having to split your mileage between business and private use. Until 2007 the charge was based on engine size and the type of fuel used, but with effect from Budget 2007 it is based on carbon dioxide emissions.
You need to use the fuel scale charge tables available on the HMRC website hmrc.gov.uk.
These show the scale charges and the output tax payable for each VAT period. You must account for output tax for each car in which private motoring is funded. The scale charge for a particular vehicle is determined by its CO2 emissions figure. Where the CO2 emissions figure is not a multiple of five, the figure is rounded down to the next multiple of five to determine the level of charge. For a bi-fuel vehicle which has two CO2 emissions figures, the lower of the two figures should be used. For cars which are too old to have a CO2 emissions figure, HMRC have prescribed a level of emissions by reference to the vehicle’s engine capacity only (see paragraph 9.3).
If your vehicle is registered after 2001, the CO2 emissions figure for your vehicle appears on your Vehicle Registration Certificate (VC5). If your vehicle was registered before 2001, you can obtain this information from The Society of Motor Manufacturers and Traders Limited website which contains information on CO2 emissions for vehicles from 1997. In addition, the Directgov - Car fuel data, CO2 and vehicle tax tools website allows you to search on specific cars, and further historical information is available at The Vehicle Certification Agency. For vehicles which do not have a CO2 emissions figure, you should identify the CO2 band based on engine size. CO2 bands and corresponding engine sizes are published with the VAT fuel scale charge tables available on the HMRC website at hmrc.gov.uk.
Each period you should include the total amount of VAT to be accounted for on the VAT payable side of your VAT account.
If you change your car during a tax period and the new car is in a different category - perhaps, you change a CO2 band 210 car for a CO2 band 150 car, or a 1,300cc car for a 1,500cc car - you should account for VAT by apportioning the scale charges for the two categories. Or if you wish you can account for VAT on the higher of the scales instead of apportioning.
Yes, you must keep records showing:
1) the number of cars for which free or below cost fuel is provided
2) the CO2 band of each car
4) the cylinder capacity of each car where a car is too old to have a CO2 emissions figure and
5) if a car is changed, your records should show the date of the change.
You will probably find that you can adapt your normal business records to give this information.
Your Charter explains what you can expect from us and what we can expect from you. For more information go to Your Charter.
If you have any comments or suggestions to make about this notice, please write to:
HM Revenue & Customs
VAT Deductions & Financial Services
100 Parliament Street
Please note this address is not for general enquiries.
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If you want to know more about making a complaint go to hmrc.gov.uk and under quick links, select Complaints and appeals.
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