Van fuel benefit from 2005/06: when cash equivalent is nil
Section 162 ITEPA 2003
Where the charge has been incurred, it is reduced to nil if either condition A orcondition B is met.
This is met if, in the tax year in question:
- the employee (this includes a director) is required to make good (see EIM22945) to the person providing the fuel the whole of the expense incurred by that person in connection with the provision of fuel for the employees private use and
- the employee does make good that expense.
This is met if in the tax year in question the fuel is made available only for businesstravel (see EIM22735).
Meaning of private use in condition A
Private use means all private use, including commuting;see diagram. Ifthe employee only makes good the cost of private use other than commuting, this is notsufficient to reduce the van fuel benefit charge to nil.
2005/06 and 2006/07
Because the van fuel benefit charge is nil for these two years, its existence caneffectively be ignored until 2007/08.