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Payne: identifying a ‘goods vehicle’

Sarah Black (11 New Square) reviews the Court of Appeal decision in the latest instalment of the Coca-Cola ‘car or van’ saga.

On 20 July 2020 the Court of Appeal handed down its judgment in Payne and others v HMRC [2020] EWCA Civ 889 finding that the VW Transporter T5 Kombi and Vauxhall Vivaro vehicles at issue in the case were ‘cars’ and not ‘vans’ for the purposes of assessing employee benefits. Subject to an appeal this is likely to result in many employers now owing class 1A national insurance contributions as well as a benefit-in-kind charge for employees that have used a company vehicle for private use in a relevant tax year.

Background

Coca-Cola European Partners Great Britain Ltd (‘Coca-Cola’) provided vehicles to its employees for both work and private purposes. As many readers will be aware the classification of a vehicle ...

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