Part 3Employment income: earnings and benefits etc. treated as earnings

C2C1Chapter 6Taxable benefits: cars, vans and related benefits

Annotations:
Modifications etc. (not altering text)
C2

Pt. 3 Ch. 6 modified (6.4.2020 for the tax year 2020-21) by Finance Act 2020 (c. 14), s. 9

C1

Pt. 3 Ch. 6 modified (6.4.2021 for the tax year 2021-22) by Finance Act 2020 (c. 14), s. 10

Vans: benefit treated as earnings

155F9Cash equivalent of the benefit of a van

F11

The cash equivalent of the benefit of a van for a tax year is calculated as follows.

1A

If the restricted private use condition is met in relation to the van for the tax year, the cash equivalent is nil.

1B

If that condition is not met in relation to the van for the tax year—

a

if the van cannot in any circumstances emit CO2 by being driven and the tax year is any of the tax years 2015-16 to F82020-21, the cash equivalent is the appropriate percentage of F5£3,500F2...

F3aa

if the van cannot in any circumstances emit CO2 by being driven and the tax year is 2021-22 or a subsequent tax year, the cash equivalent is nil, and

b

in any other case, the cash equivalent is F6£3,960.

1C

The appropriate percentage for the purposes of subsection (1B)(a) is—

a

20% for the tax year 2015-16,

F4b

20% for the tax year 2016-17;

c

60% for the tax year 2017-18,

d

80% for the tax year 2018-19, and

e

90% for the tax year 2019-20.

f

80% for the tax year 2020-21;

F7g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The restricted private use condition is met in relation to a van for a tax year if—

a

the commuter use requirement is satisfied throughout the year (or the part of the year on which it is available to the employee) or the extent to which it is not satisfied during that period is insignificant, and

b

the business travel requirement is satisfied throughout the year (or the part of the year on which it is available to the employee).

5

The commuter use requirement is satisfied at any time if—

a

the terms on which the van is available to the employee at the time prohibit its private use otherwise than for the purposes of ordinary commuting or travel between two places that is for practical purposes substantially ordinary commuting, and

b

neither the employee nor a member of the employee’s family or household makes private use of the van at the time otherwise than for those purposes.

6

In subsection (5) “ordinary commuting” has the same meaning as in section 338 (travel for necessary attendance) (see subsection (3) of that section).

7

The business travel requirement is satisfied at a time if the van is available to the employee at the time mainly for use for the purposes of the employee’s business travel (see section 171(1)).

8

The cash equivalent of the van may be reduced—

a

under section 156 for any periods when the van is unavailable,

b

under section 157 where the van is shared, and

c

under section 158 in respect of payments by the employee for the private use of the van.