Is a 110XS Station Wagon a Commercial Vehicle?

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Pog McFlog

New Member
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Hi, i am a new member and have a bit of a dilemma. I want to buy a new 110XS 7 seater station wagon. One landrover dealer tells me its a commercial vehicle, even though it has windows and seats in the back (mainly due to gross vehicle weight and payload weight) yet another dealer tells me its not a commercial vehicle. I contacted landrover direct and they confirmed its not commercial, but i can claim back the VAT. Heres the dilemma..... being a rather determined individual, i called HMRC and posed the same question. They told me direct that the Landrover Defender 110 Station Wagon with either 5 seats of 7 seats is indeed classified as a commercial vehicle. I was particularly detailed and asked various questions to make absolutely certain the lady (called Moira) absolutely understood my query. The only potential drawback is that i have to declare % commercial use versus private use for input tax purposes (or put simply, if i use it for 50% for both purposes, i can only claim back 50% of VAT). I have 2 official call reference numbers as she called me back with information regarding an old defender, but unrelated to my original query, so apparently i am protected in terms of HMRC giving me this advice. During this second call, I took the opportunity to re-confirm that my potential new purchase is DEFINITELY A COMMERCIAL VEHICLE... and she confirmed it is. My fear you see is that someday i get hit for thousands in benefit in kind payments, as opposed to the £3000 X 0.4% tax rate (basically £100/month BIK). Has anyone else any experience with such matters? Thanks.
 
IMO, as the vehicle has windows and is designed primarily for passenger transport, AND the payload (according to the LR website) is less than 1000kgs, it is non commercial, unless your primary use folds the seats up, and is then used for goods transportation.

gross weight is less than 3500kgs, and the kerbweight is less than my old kia sedona, as is the gross weight, and that was non commercial.
 
The payload defined in my manual is front axle - 1250 and rear axle - 1980, hence its above the 1.5 tonnes payload on the rear axle. I agree the weight is under 3.5 ton, but HMRC guidelines state the vehicle has to be over 3 ton, so it does qualify on those grounds. I am waiting for a call back from the HMRC tax people (as opposed to the VAT people), so will let you know what they say. Nothings ever simple, eh?
 
OK, got the definitive answer from HMRC. Basically, HMRC view the vehicle as commercial from a VAT viewpoint. From a personal tax viewpoint, its a car. No question. Seriously complicated issue in a way as i was at the point of signing paperwork for a vehicle i was told was commercial. OK, so i can claim back the VAT, but i get hit with personal tax (and a hell of a lot of it per month), so in effective ITS NOT A COMMERCIAL VEHICLE...ITS A CAR!!! Damn it.......!!
 
the LR website doesnt give axle weights, only

Gross vehicle 3,050
Minimum kerb weight* 2,062
Maximum payload** 988

that axle weight sounds like the max gross weight, not the payload, I fail to see how it could have a payload of that size, when the whole vehicle payload is less than a tonne.

(figures are for a new one, older ones may vary, but not by that much, im sure)

Cant get to my 110 right now, so cant have a look what the weights are on it.
pretty sure those are gross axle though...
 
Fraid so... good old George will take my trousers down and give me a damn good rogering if i buy what he sees as an enviornment destroying fuel guzzling car... may be the best car on the road, but he sees it differently!! Thanks for your input. PS the figures i quoted are from Defender Brochure - its listed as:
MAXIMUM AXLE:
Front axle: 1250
Rear axle: 1980
Gross Vehicle Weight: 3050
 
OK, i see where you are coming from... im talking load capacities... you are talking about weight:
WEIGHTS:
Gross Vehicle: 3050
Minimum Kerb: 2062
Max payload: 988

Apols
 
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