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disco3 -beating the tax man
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Ken
Joined: 20 Feb 2006
Location: Here & There
Posts: 4363

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I thought this was all about running the tax man over in a D3 Notice to Vultures are you bits ready for collection yet
Click here
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Sat Jul 05 2008 9:32pm |
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JMC
Joined: 25 Feb 2006
Location: Aberdeen-Angus. Where the Bull* comes from!
Posts: 3679

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Fitting seats in a commercial will probably fail an MoT.
I saved the VAT by taking the seats out. I also had a VAT inspection within the year. Go figure
I'm with DG etc on this one too.
If you want more than two seats...... Don't buy a van The older I get, the more I realise that people confuse wrinkles for wisdom
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Sat Jul 05 2008 9:44pm |
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Ken
Joined: 20 Feb 2006
Location: Here & There
Posts: 4363

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Buy a L200 double cab Notice to Vultures are you bits ready for collection yet
Click here
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Sat Jul 05 2008 10:08pm |
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bobbi o
Joined: 01 Apr 2008
Location: syr
Posts: 9

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Ken wrote:Buy a L200 double cab 
i thought about that ,but their shyte.
may i also add,we run a fleet of transit vans,with added seats in the back after purchase.their perfectly road legal,as long as they have a certificate of conformity (ie:compliant seat belts) absolutely no probs at all from our insurers. whats the diff from doing the same with a D3-none of course as long as it complies.
i dont get the negative feedback on this forum on this issue.people should realise that landrovers are becoming one of the most cost ineffecient vehicles to run on the road,this issue will only get worse in the coming months.people need/should take a heads up on this fact.lets face it 90% of LR owners would be better off in a mini,most are for sure fooling themselves into justifying driving one,.
if you need to drive one,as i do, researching a cost saving loophole surely its a smart move to take?
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Sun Jul 06 2008 12:43am |
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DG
Joined: 12 Dec 2005
Location: The Gaff !
Posts: 13746

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Don't tell us what to drive or not....... it's my money and I've paid my taxes It's not a loophole chap ...loopholes are legal ...what you are proposing is tax evasion pure and simple Powered by............................
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I've been accused of vulgarity. I say that's bullshit
Last edited by DG on Sun Jul 06 2008 10:12am; edited 1 time in total
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Sun Jul 06 2008 12:51am |
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cmyers_uk
Joined: 10 Apr 2005
Location: Near Bristol, UK
Posts: 247

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Quote: absolutely no probs at all from our insurers.
If youve informed your insurance I have no problems what so ever as your then covered.
Quote:lets face it 90% of LR owners would be better off in a mini,most are for sure fooling themselves into justifying driving one,.
100% correct but I am not sure what the argument is here. Wouldnt you be better off saying if you cant afford to tax , insure and fuel a landrover sell it and get a mini if you dont need the D3's features.
Quote:if you need to drive one,as i do,
I dont want to live in a socialist state where everything is determined by need where do you stop, you cant live in a 4 bedroom house unless you need the 4 bedrooms? I prefer if you work hard you get to choose what you spend you money on.
Cheers, good luck with your cost savings.
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Sun Jul 06 2008 10:06am |
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simonsi
Joined: 14 Oct 2007
Location: Leicester
Posts: 684

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bobbi o wrote:we run a fleet of transit vans
Hmmm, but a Transit with 3 front seats is a commercial, AFAIK a Transit with a second row or crew cab is still a commercial. But a D3 isn't as it doesn't comply, as others have said I think you would be in danger of various bits of the paperwork getting out of sync in order to achieve your wool-pulling exercise. Any of which (invalid MOT or incorrect registration), could be a reason for the insurer to decline if they need/want to look at it.
...and if your "cost saving" involves specifically claiming back VAT on a CDV then reinstalling the seats, that is VAT fraud.
Good luck! Cheers
Simon
TDV6 S Auto - Zambezi Silver - JE Tune - RRS 19" - Sidesteps - Roof Rails
Body Side Strips - Xenons - Bright Pack - Cold Pack - Premium Stereo
Alpine Roof - Towpack - Alpine Touchscreen Satnav - Veba Rear DVD changer
Alpine Roof Monitor - Webasto FBH Timer - Awesome Brembo Frt & S/C Rr Brakes
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Sun Jul 06 2008 12:54pm |
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bobbi o
Joined: 01 Apr 2008
Location: syr
Posts: 9

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Unnecessary quote removed
to clarify this is only of any use to business owners and company car vehicles who can reclaim vat.its of no use to people like DG who spend their 30k on a vehicle to play in the mud at w/ends.
i believe the loophole is, that as the installation of seats is done after purchase,the vat has already been re-claimed and as the seats are folding they are not classed as a permanent change to the vehicles classification as commercial.
there is no vat fraud involved,only getting the ok with the insurers,which with the certificate of conformity covers that angle as well.
there's a 6k saving purely on avoiding the vehicle upgrade cost for same specced vehicle.having never owned a non commerial disco,i havent yet costed the other savings.
i'll keep you posted as i progres.
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Sun Jul 06 2008 5:18pm |
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DG
Joined: 12 Dec 2005
Location: The Gaff !
Posts: 13746

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well bobbi..I don't necessarily agree with you but whatever I think ...I wish you good luck with it
I have found this guidance from HM Customs on input tax which might be of help
Quote:
17.4 Car derived van
V-13:
Input Tax
Page 110 of 174
17.4.1 What is a ‘problem car-derived van’?
These vehicles, from the outside, still maintain the appearance of a car.
However from the interior the vehicles have the appearance and functionality
of a van – the rear seats and seatbelts have been removed along with their
mountings, the rear area of the shell is fitted with a new floor panel to create a
payload area and the vehicle's “side windows” to the rear of the driver’s seat
are made opaque.
17.4.2 Are these vehicles cars or vans for VAT purposes?
These vehicles clearly do not fit comfortably within indent (a) of the definition
of a motor car contained in Value Added Tax (Input Tax) Order 1992 (SI
1992/3222) Article 2 in that they are not “solely or mainly for the carriage of
passengers”. Turning to indent (b) it would appear that this vehicle is
“constructed…for the fitting of side windows”. However, subject to the
conditions set out below, where these vehicles are clearly not designed for the
carriage of passengers Customs take the view that these vehicles could be
treated as vans for VAT purposes.
17.4.3 What characteristics define a ‘problem car-derived van’?
We know in very broad terms what these vehicles look like; see above What
is a ‘problem car-derived van’? However if one of these vehicles is to be
classified as a van for VAT purposes then it must have all of the following
characteristics.
You will see that we have rated these characteristics as general, important or
essential. This does not mean that a vehicle can fail to meet an ‘important’
criterion and still be classified as a van. The classification merely indicates
that the technical requirements for an important criterion have been relaxed to
reflect their non-essential status.
1. Load area
A general point that ensures the vehicle has the basic entry characteristic of a
problem car-derived van.
When viewing the load area it is important to consider both of the following:
It must be clear that the adaptations give the vehicle the
functionality of a commercial vehicle. As such the removal
of a bench seat or similar from what is essentially a 2
seater car would not automatically qualify this vehicle as a
van for VAT purposes - even if all other conditions are
met.
It must be clear that the accommodation that remains
must be highly unsuitable for carrying passengers. If the
space that remains could accommodate a bench seat or
similar you may need to look instead at the guidance on
combination vans – see below.
V-13:
Input Tax
Page 111 of 174
2. Seat belt Mountings
This is an essential criterion.
The seat belt mountings must be completely removed or completely disabled.
It is not sufficient to merely cover them over or fill in holes with a non-metal
cold substance, which can later be removed with ease. Examples of suitable
methods of disabling are welding up the boltholes or the fitting of bonded
shear-bolts.
3. Seat mountings
Again, this is an essential criterion.
The seat mountings must be completely removed or completely disabled. The
boltholes must be treated in the same way as the boltholes for the seat belt
mountings. Hooks or brackets must be removed.
4. Rear foot well
This is an important criterion.
The rear foot well makes the rear of the vehicle suitable for the carriage of
passengers as it gives the requisite headroom. We would insist on a
permanently fixed cover, which must either be welded or fixed to the body with
shear bolts. It is not suitable to have a temporary floor, which can be easily
removed.
5. Windows
This is an important criterion.
Customs take the view that a window must admit light and/or air. Therefore
Customs would take the view that a problem car-derived van where any side
windows to the rear of the drivers seat are fitted with clear glass would not
qualify as a van for VAT purposes, even if all the other conditions were met.
So to satisfy this criterion Customs would insist that,
all side windows to the rear of the drivers seat must be
completely opaque. To avoid any doubt on this issue we
would prefer that the glass be laminated – the opaque
layer sandwiched in the middle of clear glass.
Alternatively, we understand that an opaque film can be
fitted which is difficult to remove due to the type of
adhesive used. Customs would not accept any film, which
could be removed by simple process, and
the mechanism for raising and lowering the windows in
the rear side doors, where applicable must be disabled or
removed. Where this process is not possible Customs
would accept bonding the glass to the frame so that it
cannot be opened.
17.5 Combination vans
What is a combination van?
V-13:
Input Tax
Page 112 of 174
This has the appearance of a van, which can be fitted with or includes
additional seats behind the drivers seat.
The issue will not affect those vehicles;
Which are automatically excluded from becoming a motor
car because of the 1 tonne payload test. (It should be
noted that the inclusion of a row of seats will reduce the
payload capacity).
Where the load area is of a sufficient size compared with
the passenger area to make the carriage of goods the
predominant use of the vehicle.
There are a number of options:
1. Vehicles fitted with a permanent row of seats behind the driver, with side
window/s
Subject to the exclusions at 1. and 2. above this vehicle falls within indent a)
and b) of the definition and would therefore qualify as a motor car.
2. Vehicles fitted with a permanent row of seats behind the driver, without side
window/s
Subject to the exclusions at 1. and 2. above this vehicle falls within indent a)
of the definition and would therefore qualify as a motor car.
3. Vehicles fitted with a folding row of seats behind the driver, with side
window/s
Subject to the exclusions at 1. and 2. above this vehicle falls within indent a)
and b) of the definition and would therefore qualify as a motor car.
4. Vehicles fitted with a folding row of seats behind the diver, without side
window/s
Subject to the exclusions at 1. and 2. above this vehicle falls within indent a)
of the definition and would therefore qualify as a motor car.
5. Vehicles fitted with seat mounts for a “click in click out” seat behind the
driver, with side window/s
Subject to the exclusions at 1. and 2. above this vehicle falls within indent a)
and b) of the definition and would therefore qualify as a motor car.
6. Vehicles fitted with seat mounts for a “click in, click out “ seat behind the
driver , without side window/s
Subject to the exclusions at 1. and 2. above this vehicle falls within indent a)
of the definition and would therefore qualify as a motor car.
7. Vehicles fitted with no seats or seat mounts for a “click in, click out” seat
behind the driver, with side window/s
Subject to the exclusions at 1. and 2. above this vehicle falls within indent b)
of the definition and would therefore qualify as a motor car. Powered by............................
.
I've been accused of vulgarity. I say that's bullshit
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Sun Jul 06 2008 6:44pm |
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simonsi
Joined: 14 Oct 2007
Location: Leicester
Posts: 684

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bobbi o wrote:to clarify this is only of any use to business owners and company car vehicles who can reclaim vat....there is no vat fraud involved
So you change the status of a Motor Car to a Commercial Vehicle (Car Derived Van) by meeting certain criteria (many of which are specified as being "non-temporary" or "permanent"), reclaim the VAT and then alter the vehicle back again, but conceal its new status in order to avoid repaying the VAT liability now created.
I can only re-emphasise that IS VAT fraud.
Remember tax inspectors can surf the net too. Cheers
Simon
TDV6 S Auto - Zambezi Silver - JE Tune - RRS 19" - Sidesteps - Roof Rails
Body Side Strips - Xenons - Bright Pack - Cold Pack - Premium Stereo
Alpine Roof - Towpack - Alpine Touchscreen Satnav - Veba Rear DVD changer
Alpine Roof Monitor - Webasto FBH Timer - Awesome Brembo Frt & S/C Rr Brakes
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Mon Jul 07 2008 7:00am |
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JMC
Joined: 25 Feb 2006
Location: Aberdeen-Angus. Where the Bull* comes from!
Posts: 3679

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Claim back VAT
Fit Rear Seats - hidden or otherwise
Pay the VAT
It's that simple The older I get, the more I realise that people confuse wrinkles for wisdom
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Mon Jul 07 2008 11:10am |
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simonsi
Joined: 14 Oct 2007
Location: Leicester
Posts: 684

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JMC wrote:Claim back VAT
Fit Rear Seats - hidden or otherwise
Pay the VAT
It's that simple 
Yes it is Quote:to clarify this is only of any use to business owners and company car vehicles who can reclaim vat.
Back to square one, no free lunch... Cheers
Simon
TDV6 S Auto - Zambezi Silver - JE Tune - RRS 19" - Sidesteps - Roof Rails
Body Side Strips - Xenons - Bright Pack - Cold Pack - Premium Stereo
Alpine Roof - Towpack - Alpine Touchscreen Satnav - Veba Rear DVD changer
Alpine Roof Monitor - Webasto FBH Timer - Awesome Brembo Frt & S/C Rr Brakes
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Mon Jul 07 2008 11:13am |
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Bodsy
Joined: 06 Nov 2006
Location: Home, home on the range........
Posts: 5482

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But if there's a legal way of doing this (which bobbi o can test ), then what's the big issue? I'm sure there'd be plenty that would like to do this. If there's a precendence(sp?) set here, then it can be updated in the Tips & Tricks or even finance section.
I agree that there are some strong concerns about the legality of this & whether or not it would fail an MOT etc but if we have a forum member here that is prepare to try it and feedback on the progress, then why the beef?
Personally I don't qualify for doing this, but there are many out there that may.....
Bring on the updates bobbi o TDV6 HSE Black, Black Wheels /MTR's(in the shed!), Black RRS front/rear LR badge (tbf) Black Leather, Black Glass, Black TowB, Shiny Tasmods, Dull Mantec, White (& Orange) Reflective D3 Sticker, Black steering wheel badge, black air intake. Optima & Traxide dual battery setup.
Need black RRS wheel centre caps.
Now with added Engel.....
We D3, therefore we are..........
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Mon Jul 07 2008 11:18am |
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blue meanie
Joined: 04 Aug 2005
Location: nfi !
Posts: 2684

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I know zero about all this but doesn't the 110 utility with the rearmost van body bit just do what's required instead? global warming my ars...!!!
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Mon Jul 07 2008 11:23am |
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