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[Solved] company car vs cms

 
(@sarenka)
Active Member Registered

Hi my question is did anyone needed to deal with cms and the % that you have to pay based on your company car? I feel its really unfair as you need to pay money for it and its not your income ?
did anyone challenge that? did any one went to tribunal ? i would like to know as not sure if it is worth it to go along with the process ?

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Topic starter Posted : 04/11/2020 1:42 pm
(@Ferfer)
Reputable Member Registered

I have a car allowance and they include this as it is taxable income, which is very annoying and a little unfair. I am not sure on the rules of a company car though, if the car is provided to you by the company, your tax code goes up based on that so I do not see how a company car which is provided increases your income?

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Posted : 04/11/2020 2:23 pm
(@hrabbit)
Estimable Member Registered

I believe there will be a benefit in kind for the use of a company car, so this adds a value to your income, based on the cost and emissions of the vehicle.

So unfortunately i believe it is correct, it does count, is part of standard processes and cannot see a way around it.

I am not a recent expert however, I have not had a company car for some time.

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Posted : 04/11/2020 2:56 pm
(@dadmod2)
Illustrious Member

judging by previous posts, fuel allowance, company cars do bump up child maintenance payments. any taxable income.

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Posted : 04/11/2020 3:26 pm
(@sarenka)
Active Member Registered

Is there any way (apart from giving up the car) to challenge the decision? Tribunal ? Anyone tried?

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Topic starter Posted : 04/11/2020 3:39 pm
(@Ferfer)
Reputable Member Registered

I doubt there is anything you can do to challenge it. I did ask, but they would not reduce my payments. I wouldnt imagine giving up the car would do you much good if you need it for work? Or if you are happy to buy your own car and use that instead?

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Posted : 04/11/2020 3:56 pm
(@hrabbit)
Estimable Member Registered

This is one of many ways that the Resident Parent gains from situations where the NRP has to pay both in taxes and then increased CM.

You are taxed for the car, your ex gets full value in CM - double taxation. It is how they work it out, i think zero chance of that being appealable.

With my divorce settlement I bought a buy to let(plus with mortgage). She gains 12% of that income, which when added to tax and mortgage payment makes it barely worth it.

I have been awarded some shares by the company I work for, they will be deducted at 64% before I see anything and she will get 12% of the full gross amount and will effectively get more from them than i will. I am considerng asking the company not to issue any more.......

So my sympathy but I think stuck with the ruling.

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Posted : 04/11/2020 6:21 pm
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