I was disappointed to read of the recent reversal of the VAT decision in the Fagomatic case on the grounds of the vehicle being ‘potentially available’. This leads one to ponder on just when a vehicle is ‘available for use in a private capacity’. If my employer has the funds to buy a Lamborghini, but currently chooses not to, is it ‘potentially available for my private use’?
The scope for enhancing benefit in kind assessments is enormous!