Revenue Note for Guidance
This section provides for a claw-back of tax deducted in respect of a qualifying vehicle as defined in section 59(1). Such a claw-back arises in two circumstances. The first is where the vehicle is sold within 2 years of its purchase, acquisition or importation. The second is where the vehicle is used for less than 60% business purposes in a taxable period.
The section sets out two formulas for calculating the tax to be clawed back. Both formulae are based on a 6-month timeframe, with less tax clawed back as the period of time increases.
(1)(a) The first circumstance under which the clawback operates is where the vehicle is sold within 2 years of its purchase, acquisition or importation.
(1)(b) Under the formula, the clawback is based on the length of time that the accountable person has the vehicle:
(2)(a) The second circumstance under which the clawback operates is where the vehicle is used for less than 60% business purposes in a taxable period.
(2)(b) The formula operates in the same way as outlined above.
Relevant Date: Finance Act 2019