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Cars, vans and benefits in kind

25 August 2020 / Alastair Kendrick
Issue: 4758 / Categories: Comment & Analysis
Vans, cans and cars

Key points

  • Are combi vans to be treated as a van or car for benefit-in-kind purposes?
  • The definition of car and van in ITEPA 2003 s 115.
  • The commercial vehicles provided by Coca-Cola had been modified.
  • The Court of Appeal found the vehicles were not vans.
  • The benefit-in-kind charge on the employees was to be calculated according to company car rules.
  • Class 1A National Insurance liabilities will arise on the employer.


The ongoing dispute between HMRC and Coca-Cola European Partners Great Britain Limited (Coca-Cola) and two of its employees (Noel Payne and Christopher Garbett) was heard before the Court of Appeal on the 10 and 11 June 2020 (Case Nos: A3/2019/1203 and A3/2019/1215). The case relates to vehicles provided to employees of Coca-Cola and whether these should be considered to be a van or a car for benefit-in-kind purposes.

The decision of the Appeal Court judges (see tinyurl.com/y5uv7ets)...

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