Sell my commercial 4x4 for private use?

cojomo2

Hi,

Im selling a 06 pajero ck commercial, as I dont need it anymore.

It worth around 15k , but my dad has offered me 10k..Im giving this some thought....

He is a private individual, as such , can he own a commercial vehicle? Is there any restrictions? i.e will he have to tax it as a private car? Do you have to be in business to own a commercial vehicle?

Thanks.

Brndn

I have my jeep taxed as commercial even though I don't have a business. Insured as a commercial too.

junkyard

If you tax it commercially your not supposed to use it outside business hours, or so i'm told.;) Depends on what member of an Garda Siochanna you meet and what kind of day he's having.:)

Bandara

junkyard wrote: »

If you tax it commercially your not supposed to use it outside business hours, or so i'm told.;) Depends on what member of an Garda Siochanna you meet and what kind of day he's having.:)

thats rubbish, there is no such thing as business hours.

I work from 5am until 11pm, and outside of them hours I am always liable to get a call that requires me to travel in relation to work, there is no restriction towards using it only from 9-5.

Everyone with a commerical vehicle can say the same.

junkyard

Hammertime wrote: »

thats rubbish, there is no such thing as business hours.

I work from 5am until 11pm, and outside of them hours I am always liable to get a call that requires me to travel in relation to work, there is no restriction towards using it only from 9-5.

Everyone with a commerical vehicle can say the same.

Not so, check it out, i didn't believe it either but if a guard want to take issue with you and can prove that your not technically using it for your business he can do you for it, mind you he want to be a bad egg to go to such extremes.

mickey mac

Never heard about that "business hours" thing? I privately owned a van for a few years, I had it insured commerically and it was also taxed commerically. The 12 monthly DOE can be a pain if you don't time the test and the tax renewal right.

Gary ITR

junkyard wrote: »

Not so, check it out, i didn't believe it either but if a guard want to take issue with you and can prove that your not technically using it for your business he can do you for it, mind you he want to be a bad egg to go to such extremes.

Isn't that with garage plates rather than commercial tax?

Maybe one of our Garda members can confirm though

DubTony

junkyard wrote: »

Not so, check it out, i didn't believe it either but if a guard want to take issue with you and can prove that your not technically using it for your business he can do you for it, mind you he want to be a bad egg to go to such extremes.

If a Garda wants to take a fellah to court because he's driving a commercial vehicle "outside hours" he'll be having a serious scat with his boss first. I drove commercials for years, and all were registered in my name. I never had any hassle of this type. Junkyard, I think you must be confused with something else.

junkyard

Nope, it was all over the papers about a year ago. I have trade plates too and there are restrictions with them. A lot depends on the guard as I said earlier.

Cmar-Ireland

Is the outside hours thing not for crewcabs?
I've heard they are clamping down on private use if commercially taxed

mickdw

On another issue relating to the sale, if you bought it through your business and you are vat registered, you will technically be selling it from the business too so you will have to return the VAT percentage of the sale to the revenue people so if dad gives you 10000, that includeds 21% vat meaning 7900 for you and 2100 for revenue. On the other hand, your jeep might only be worth 5000 now so you would only owe 1050 in that case to revenue

746watts

if he's going to use it for private use then he can tax it as private and pay the €1200 or whatever the rate is, and avoid all the hassle.

Hooch

Right here it is lads.

If you tax a vehicle comm then you may only use that vehicle in "business hours". Business hours can vairy with different professions....however you cannot pass off driving back from the cinema with the missus at 2am business. Its not hard to figure out if someones working or not and using for that purpose souly.

The vehicle can be seized under Section 41 RTA 1961-06 and the driver and owner prosecuted for incorrect rate of motor tax. Fines vairy and the judge will take into account how long the vehicle was taxed comm for and what the loss to the state is. Usually, depending on the judge, you would be looking at €1000 and up.

On Garage plates they can only be used for the purposes of the motor trade. The plate does not cover people driving a garage car for private use. Most motor insurance policys for garages also only cover for use in the motor trade...i.e. test driving etc.

Hope this helps

Hooch

junkyard wrote: »

Not so, check it out, i didn't believe it either but if a guard want to take issue with you and can prove that your not technically using it for your business he can do you for it, mind you he want to be a bad egg to go to such extremes.

Ya....because defrauding the state isnt;)

junkyard

Do you think the road tax in excess of 1500 euros on a car over 3 litres is fair though? I know it's the law and all that but we really are being screwed. If the road tax was fair I don't think anyone would have any issue with paying a reasonable amount but it's one extreme, i.e. cheap for commercials, or another, high, for the privilege of having a back seat. Also considering the guy paying the high road tax also got screwed with VRT, it really is no wonder people are looking at other options.
We can see how people got done over when the greens f**ked up the road tax structure last year and people lost out big time on the trade-in values and also killed off the motor trade. Do you even feel a little bit of sympathy for the working man?

Honda08

nice guy always wrote: »

Right here it is lads.

If you tax a vehicle comm then you may only use that vehicle in "business hours". Business hours can vairy with different professions....however you cannot pass off driving back from the cinema with the missus at 2am business. Its not hard to figure out if someones working or not and using for that purpose souly.

The vehicle can be seized under Section 41 RTA 1961-06 and the driver and owner prosecuted for incorrect rate of motor tax. Fines vairy and the judge will take into account how long the vehicle was taxed comm for and what the loss to the state is. Usually, depending on the judge, you would be looking at €1000 and up.

On Garage plates they can only be used for the purposes of the motor trade. The plate does not cover people driving a garage car for private use. Most motor insurance policys for garages also only cover for use in the motor trade...i.e. test driving etc.

Hope this helps

i have never read anything in the paper about anyone being done for incorrect use of a vehicle/motor tax rate.

sure a plumber on 24 hr call out is always working....:P:P:P

interesting all the same,

Gary ITR

Thank you NGA


Why the hell was I paying BIK on a company van then though? What a rip

Cmar-Ireland

nice guy always wrote: »

Right here it is lads.

If you tax a vehicle comm then you may only use that vehicle in "business hours". Business hours can vairy with different professions....however you cannot pass off driving back from the cinema with the missus at 2am business. Its not hard to figure out if someones working or not and using for that purpose souly.

The vehicle can be seized under Section 41 RTA 1961-06 and the driver and owner prosecuted for incorrect rate of motor tax. Fines vairy and the judge will take into account how long the vehicle was taxed comm for and what the loss to the state is. Usually, depending on the judge, you would be looking at €1000 and up.

On Garage plates they can only be used for the purposes of the motor trade. The plate does not cover people driving a garage car for private use. Most motor insurance policys for garages also only cover for use in the motor trade...i.e. test driving etc.

Hope this helps

Is there a difference in a 2 seater 4x4 and a crew cab in this regard?

junkyard

Cmar-Ireland wrote: »

Is there a difference in a 2 seater 4x4 and a crew cab in this regard?

Once they're commercially taxed that's it, welcome to communist Ireland comrade.

Hooch

junkyard wrote: »

Do you even feel a little bit of sympathy for the working man?

No to be honest. Im a working man. I see no difference between public/private/self employed etc. I pay correct taxes. I expect everyone else to.

However I do not agree with the tax regulation and the amount we pay. I dont agree with alot of laws.....but im not paid to make laws. Im paid to enforce them and I do my job.

Honda08 wrote: »

i have never read anything in the paper about anyone being done for incorrect use of a vehicle/motor tax rate.

sure a plumber on 24 hr call out is always working....:P:P:P

interesting all the same,

This is very very common. Normaly done for artics. Artic tractor units are taxed by the weight of the heaviest trailer they pull. If they weight in with a light trailer ie 14,000kgs total and they pull a refrigated semi trailer (about 19,000kgs) then they are under taxed and prosecuted as such.

Normally we dont enforce comm tax. Ye asked is it illegal...it is. Is it enforced....not really.

A plumber may be on call.....but not for a night out with the missus:p

Cmar-Ireland wrote: »

Is there a difference in a 2 seater 4x4 and a crew cab in this regard?

No all the same.

mickdw

Onkle wrote: »

Thank you NGA


Why the hell was I paying BIK on a company van then though? What a rip

Thats a good question. Im of the opinion that this is bull****. There may be some regulation to say that a commercial cannot be used for personal use but why any bik on any commercial so? Is everyperson who runs a commercial supposed to have another private vehicle for private use or are they supposed to pay the private tax rate on it? If that is the case, there are probably lots of other issues re tax writeoff of vehicle expenses too if you have a commercial vehicle which is not deemed to be for commercial use.

dutchcat

junkyard wrote: »

Once they're commercially taxed that's it, welcome to communist Ireland comrade.

i have a merc sprinter which is 2.2 which is not the worst if it has to be taxed private as i only use it as my car,so if this is the case it will be test free as it wont need a doe to tax it private and the NCT wont test it so what happens here?

Cmar-Ireland

So all the 2 seater car derived vans and 2 seater 4x4's are breaking the law if not privately taxed and if they are being used for personal use?