Finance (No. 2) Act 2008

Benefit-in-kind: emission based calculations.

6.— (1) Section 121 of the Principal Act is amended—

(a) in subsection (1) in the definition of “business mileage for a year of assessment” by substituting “whole kilometres” for “whole miles”,

(b) in subsection (3)—

(i) by deleting paragraph (c) for the year of assessment 2009 and subsequent years,

(ii) by inserting the following after paragraph (c):

“(d) This subsection is subject to subsection (4B) for years of assessment 2009 and subsequent years.”,

(c) in subsection (4)—

(i) in paragraph (a) by substituting “24,000 kilometres” for “15,000 miles”,

(ii) in paragraph (c)(i)—

(I) by substituting “24,000” for “15,000” in each place where it occurs, and

(II) by substituting the following for the Table to that subsection—

“TABLE

Business mileage lower limit

Business mileage upper limit

Percentage of original market value

(1)

(2)

(3)

kilometres

kilometres

per cent

24,000

32,000

24

32,000

40,000

18

40,000

48,000

12

48,000

6

”,

(iii) by inserting the following after paragraph (c):

“(d) This subsection is subject to subsection (4B) for years of assessment 2009 and subsequent years.”,

(d) by deleting subsection (4A) for the year of assessment 2009 and subsequent years,

(e) by inserting the following after subsection (4A):

“(4B) (a) Where a new car is provided for the first time for the year of assessment 2009 or any subsequent year, the cash equivalent of the benefit shall be an amount determined by the formula:

Original market value × A

where—

A is a percentage, based on vehicle categories and business mileage, determined in accordance with column (3), (4) or (5), as the case may be, of Table A to this subsection.

(b) In Table A to this subsection, any percentage shown in column (3), (4) or (5), as the case may be, shall be the percentage applicable to any business mileage for a year of assessment which—

(i) exceeds the lower limit (if any) shown in column (1), and

(ii) does not exceed the upper limit (if any) shown in column (2),

opposite the mention of that percentage in column (3), (4) or (5), as the case may be.

(c) Any reference in this section to a vehicle in any of the vehicle Categories A to G as set out in the first column of Table B to this subsection is a reference to a vehicle whose CO 2 emissions, confirmed by reference to the relevant EC type approval certificate or EC certificate of conformity, are set out in the corresponding entry in the second column of Table B to this subsection.

TABLE A

Business mileage

Vehicle Categories

Vehicle Categories

Vehicle Categories

lower limit

upper limit

A, B and C

D and E

F and G

(1)

(2)

(3)

(4)

(5)

kilometres

kilometres

per cent

per cent

per cent

24,000

30

35

40

24,000

32,000

24

28

32

32,000

40,000

18

21

24

40,000

48,000

12

14

16

48,000

6

7

8

TABLE B

Vehicle Category

CO 2 Emissions (CO 2 g/km)

(1)

(2)

A

0g/km up to and including 120g/km

B

More than 120g/km up to and including 140g/km

C

More than 140g/km up to and including 155g/km

D

More than 155g/km up to and including 170g/km

E

More than 170g/km up to and including 190g/km

F

More than 190g/km up to and including 225g/km

G

More than 225g/km.

”,

(f) in subsection (5)—

(i) in subparagraph (ii) by substituting “8,000 kilometres” for “5,000 miles”, and

(ii) by deleting subparagraph (aa) for the year of assessment 2009 and subsequent years,

and

(g) in subsection (6)—

(i) in paragraph (b) by substituting “by deducting 8,000 from the total number of kilometres travelled” for “by deducting 5,000 from the total number of miles travelled”, and

(ii) by deleting paragraph (bb) for the year of assessment 2009 and subsequent years.

(2) This section comes into operation on such day or days as the Minister for Finance may by order or orders appoint and different days may be appointed for different purposes or different provisions.