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Summer 2003 Newsletter

 

Content

What cash says about you
Schedule E is dead
Flat Rate Scheme
Business in the house
TIGER, TIGER, burning bright
Buyer beware
A question of interest
Is it a car? Is it a heap?
Retire to a safe distance
Paternity leave
Off the back of a lorry?
Partners in crime
You can't have it both ways
Two's company
Options Open
Tax credit chaos
Congestion Charging
Landlord's delight
Stamp Duty splits
Another PAYE year
IR35 strikes again
Simpler by the year
Ain't necessarily so
Elementary deductions
New rules for goods
Sell low, buy high?
Pension problems

 

Is it a car? Is it a heap?

If you have ever traded in a car, you will know that the salesman will generally give you more than you expected for the old car. Sometimes the garage advertises '£1,000 minimum trade-in allowed for your old car'. Any car? Even if it doesn't go? Of course, it's really a discount on the newer car they are trying to sell you, and if your old car is actually worth something, they'll probably still bump it up Illustration to an even higher amount to make you feel better about your purchase.

There is a problem with VAT. If the dealer says your new car costs £10,000, made up of £8,000 cash or finance plus your old car valued at an inflated £2,000, the dealer pays (well, indirectly, you pay) VAT on £10,000. If the dealer says your new car costs £8,050, and puts an honest £50 on your rusting heap, then the VAT is only charged on £8,050. The dealer has made the same amount on the deal - £8,000 in money and your car - but gets to keep a lot more of it.

In a recent case, a dealer used a slightly different psychological ploy. Instead of bumping up the trade-in figure, the salesman issued a 'purchase plus voucher' which the customer could use to buy a car. In this example, the voucher might have a face value of £1,950. So the invoice would show the new car being sold for £10,000, paid for with cash, trade-in (at £50) and voucher. The Court of Appeal held that this worked as a discount for VAT - tax would only be paid on £8,050.

When all the car dealers have realised that they have been paying too much VAT on the bumped-up prices, we may all find we are being offered 'purchase plus vouchers' in future.

The case is Hartwell plc v Commissioners of Customs & Excise. Part of Hartwell's case failed - they also included MOT vouchers with the sale, and hoped to treat part of the proceeds as outside the scope "for the vouchers", and this was rejected by the Court of Appeal. The vouchers were free with the car. However, on the main issue (the effect of the purchase plus vouchers) the company was successful.

 

 
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