Are commercial vehicle rules being broken here?

Hi,

I have a commercial vehicle, a Land Rover Discovery Commercial; I have it both taxed and insured in the name of a limited company. All sounds good to me. I have a friend who started up a new limited company and transferred his Toyota Land Cruiser Commercial into the company. He has not changed the tax or insurance and both are in his own name. So in effect the Toyota is in the company from an accounts view but in reality it is still owned and insured by the individual. Is this legal and how are you from an insurance point of view?

A second question is in relation to the commercial SUVs, I know of an individual that has the SUV in the company and taxed as commercial in the company for €333, but the insurance has remained private. Is this correct?

Thanks,

Richard in Waterford

Richard Tobin (Waterford)

May 2020 Filed under: commercial vehicle

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Expert answer

Hi Richard,

The phrase ‘can of worms’ springs to mind. In general, a car can be registered to a company, and taxed and insured by the company, and still used by an individual for social, domestic and pleasure use. That’s how company cars work, obviously, but equally obviously there’s a Benefit-in-Kind tax liability to be paid. So it’s possible that your friend with the Land Cruiser is trying to avoid paying BIK.

In the case of the SUV, in theory a car that’s taxed as a commercial cannot be used for personal, social, domestic, or pleasure driving and there’s a fine to be paid if you’re caught displaying incorrect tax. Now, we should state at this point that we’re neither legal nor tax experts, and that the people you’re talking about could be operating entirely above board, and we’re not going to cast any aspersions on anyone.

Of course, this is Ireland and as we know, we don’t like sticking to the rules...

Neil Briscoe - Complete Car Advisor
@neilmbriscoe