service/engineer/ company car

[wheels a turning]

hi, i am a service engineer, and have no permanent place of work as i am given breakdown calls via mobile phone, i am not required to attend the "office" on a daily basis. i am paying currently £2996net bik, the bik aspect also impacts what family tax credits i claim..or can't as the case is.
my employer provides the car as available for private use, but i do not use it whatsoever.
i need to clarify a few points
1, how can i get my employer to prohibit private use, and make a legally binding declaration to that effect?
2,as i am not employed at a permanent place of work all use of the car is business use only(hmrc technical adviser clarified this)
3,if the prohibition is granted and bik is not reportable, but abused, the onus is on the employee?
4. the vehicle must be kept at the employees registered home address,or at the company address, when not being used to execute company business, otherwise this contravenes the prohibition contract?

 

[yorkshirejames]

hi, i am a service engineer, and have no permanent place of work as i am given breakdown calls via mobile phone, i am not required to attend the "office" on a daily basis. i am paying currently £2996net bik, the bik aspect also impacts what family tax credits i claim..or can't as the case is.
my employer provides the car as available for private use, but i do not use it whatsoever.
i need to clarify a few points

Are you an employee of this company, is it your company, are you self employed?

1, how can i get my employer to prohibit private use, and make a legally binding declaration to that effect?

In theory just a mutually-signed variation to the employment (?) contract, stating that permanent use is prohibited.

2,as i am not employed at a permanent place of work all use of the car is business use only(hmrc technical adviser clarified this)

Agreed

3,if the prohibition is granted and bik is not reportable, but abused, the onus is on the employee?

Again I would agree. Practical advice here would be to keep a mileage log that appears reasonable to anyone inspecting it - obviously do not be seen going through a speed camera in Devon if your work is normally in the West Midlands. Possibly keeping another car (wifes car?) at your home may serve to back up that this vehicle is business only also.

4. the vehicle must be kept at the employees registered home address,or at the company address, when not being used to execute company business, otherwise this contravenes the prohibition contract?

I think you could justify keeping the vehicle at your home address. If you genuinely could travel in any direction from your home (north south east west moon) then you can justify that you can provide a quicker service than if you have to head 1o miles north to get the van and then head south to the breakdown.

But the above is only my opinion. Could do with knowing more.

 

[wheels a turning]

thanks for your reply. i am an employee, i have been in contact with a technical adviser at the hmrc, he has requested i write to him quoting all the points raised, i am awaiting a written reply, but verbally he has "confirmed in principle" that no bik is payable due to the nature of my employment".

I wait in anticipation.
si