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| Iain Member Since: 09 Nov 2014 Location: Aberdeenshire Posts: 79   
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My 110 2.2 XS USW on order is a commercial purchase for my small company.
The VAT side is easy enough as its classed as commercial and the N1 class firmly places it in that box. VAT reclaimable. Ref the 'grey area' created by the definitions on the various HMRC web pages. The N1 class gives the vast majority of the proof needed to establish that it is a vehicle whose primary purpose of construction is the carriage of goods. This sort of over rules the grey bits of second row seats, windows behind the front row, etc and any kg uncertainty. There are far too many examples of people buying and using this vehicle in this way and paying the commercial vehicle 'van' BIK for it not to be ok. IF you still feel the need to query it, When phoning the HMRC ensure you speak to someone in the correct dept and get the ref code for your technical query. Don't let them off the phone until you have a very specific reply. which will be as the others have posted, but that ref code is your 'get out of paying any more tax card' incase an individual inspector sees the USW in a grey light or even your own accountant. I have been through the exact same worry you are! |
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22nd Jan 2015 6:39pm |
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| MikeJ Member Since: 04 May 2014 Location: Dorchester, Dorset Posts: 41 
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This is to do with the way that LR calculate payload and HMRC calculate payload.
My accountant told me this: "HMRC’s starting point is that the vehicle is a commercial vehicle for VAT purposes if it has a one tonne payload. Worryingly Land Rover’s website states the maximum payload of this particular vehicle to be 988kg (not 1 tonne)! HMRC define a one tonne payload as the difference between a vehicle’s kerb weight and its maximum gross weight. Kerb weight is further defined as the weight of a vehicle when it carries no person and a full tank of fuel. Land Rover’s states that the vehicle’s gross vehicle weight is 3,050kg and its minimum kerb weight 2,062kg, hence the 988kg payload. However Land Rover’s minimum kerb weight is defined as unladen weight + full tank + 75kg driver. Not the same thing! So by my reckoning the payload as defined by HMRC is 988Kg + 75Kkg = 1,063kg i.e. more than tonne." On that basis, I bought one and no-one's ever argued. Cheers Mike |
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23rd Jan 2015 2:07pm |
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| walfy Member Since: 29 Aug 2007 Location: Frome Posts: 2661 
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I'm the same. My accountant went through the rule book and came to the same conclusion as the rest of you. VAT qualifying and classed as a commercial vehicle for BIK 110 D250 SE HT
110 USW SOLD RRE HSE Dynamic Gone, wife killed it VOLVO XC60 R Dynamic with some toys Polaris RZR 900XP SOLD |
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23rd Jan 2015 2:19pm |
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