Following the news about the VW emissions scandal, the UK Government has already launched an enquiry and said it will re-test emissions of cars in the UK. Call me cynical but why would the Government do that? I can think of two reasons:

Road Tax – is based on emissions ratings. Could it be that the annual road fund licence on affected vehicles would now be deemed too low? Could the increase be backdated – after all, it’s not the Government’s fault that the figures were wrong to start with; and what if the car has been sold on by the original owner – who makes good the difference?

Benefit-in-Kind Tax – is based on emissions ratings. The higher the emissions, the higher the tax, and without doubt many will have chosen a VW/Audi/Seat/Skoda with low emissions (and low tax) in mind.

What will be the impact on these drivers and their employers if the Government finds that the official emission ratings on those vehicles must be increased? Certainly more tax going forward but how about the past. My guess is that this would pan out as follows:

  • UK Government amend the CO2 emissions ratings going forward
  • Historically emissions ratings are reviewed and increased (up to 6 years, maybe more)
  • There will be increased Employers’ National Insurance liabilities on car fleet owners;
  • There will be a higher income tax charge on the company car drivers affected;
  • Disaffected and unhappy employees are not good for any employer – HR will be busy;
  • Could there be a requirement for companies to make provision for the additional tax costs.

As for the possibility of affected UK taxpayers pursuing VW for losses individually. I wouldn’t rule it out and wonder if the €6.5bn provision includes that too.

VW company car owners and drivers may want to keep a tab on developments that arise from the Department Of Transport’s enquiry. I know I will be – given that I have a tiny and definitely not cool shareholding VW!

1

The information in this article was correct at the date it was first published.

However it is of a generic nature and cannot constitute advice. Specific advice should be sought before any action taken.

If you would like to discuss how this applies to you, we would be delighted to talk to you. Please make contact with the author on the details shown below.

Comment on this...

Cetin Suleyman - Partner

E: csuleyman@goodmanjones.com

T +44 (0)20 7874 8833

Cetin’s focus in on helping his clients improve their businesses and the decisions they make.

With an entrepreneurial family background and a first-hand understanding of what the "bottom line" means in a family business, Cetin brings this understanding into every task. As a result clients value his commercial and practical solutions, both for long and short term business and tax planning.

Most of Cetin’s clients are owner managers of small and medium sized businesses facing similar issues and the past 15 years have focused on the construction and property sector, although he still retains a strong interest in other industry sectors.

One comment

  1. cetin.suleyman@goodmanjones.com'Cetin Suleyman

    Further commentary from a Government announcement on the .Gov.uk website :

    “UK taxpayers will not incur higher Vehicle Excise Duty (VED) if their existing vehicles are found to be fitted with illegal software that manipulates emissions tests.”

    This is surely good news as the VED would affect the wider population, although it would be comforting to see a similar comment regarding Benefit in Kind taxes and National Insurance to reassure fleet owners and drivers too.

Share your thoughts

Your email address will not be published. Required fields are marked *

All fields are required