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Finance commercial vehicle in someone else's name

  • 23-02-2025 05:27PM
    #1
    Registered Users, Registered Users 2 Posts: 18


    Hi all, couldn't see if this was discussed here already but here's my query:

    Can I purchase a commercial 4x4 on finance from a garage and register it in my brother's name for example? So he can register and tax and insure it for use on farm? But I want to make the payments on it myself. I am not a tradie or farmer, I am employed privately. Would there be an issue with it being financed by myself but registered and insured by him. No issue paying for it moneywise



«1

Comments

  • Registered Users, Registered Users 2 Posts: 13,306 ✭✭✭✭Calahonda52


    What's the play here , the bro can't raise the finance but needs a 4 by 4?

    Could he not be a named driver?

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 18 Jamescfc


    Hello,

    Something like that yes. But I cannot register a commercial vehicle and tax/insure it commercially myself. Only he can do that



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    I would imagine that the intention is to write it down as a business expense for tax reasons. Which would be fraudulent



  • Registered Users, Registered Users 2 Posts: 4,978 ✭✭✭goochy


    If u get motor finance u would have to remain / be registered as owner as. Otherwise it would be same as selling to someone else



  • Registered Users, Registered Users 2 Posts: 9,697 ✭✭✭CMOTDibbler


    That wouldn't be possible unless the person claiming is actually making the payments. By your reasoning, anyone could claim an expense without actually incurring it.



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  • Registered Users, Registered Users 2 Posts: 212 ✭✭ferg01


    You’d have to tell the insurer that he’s the legal owner and there’s an issue with fronting I believe? If he’s insuring more than one vehicle that might be more expensive. Some counties are far more flexible than others so.



  • Registered Users, Registered Users 2 Posts: 4,978 ✭✭✭goochy


    If the vehicles on finance it has to be registered to that person and you csbt claim vat on something you don't legally own



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    Self assessment.

    Learn the hard way if you get an audit.

    You'll note I used the word "fraudulent"



  • Registered Users, Registered Users 2 Posts: 9,697 ✭✭✭CMOTDibbler


    As I said, you could do this with anything. There's no suggestion the OP has any such stupid idea in mind. It's not even slightly subtle. Just making up expenses out of thin air.

    But it doesn't need an audit to discover. Putting through large payments not being reflected in your bank account would show up in the tax return.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    What makes you think payments can't be put through the bank?



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  • Registered Users, Registered Users 2 Posts: 9,697 ✭✭✭CMOTDibbler


    Not much of a tax fraud otherwise. You might as well make the car payments yourself.



  • Registered Users, Registered Users 2 Posts: 4,978 ✭✭✭goochy


    I don't believe it's possible if being bought on finance



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    Do I really need to spell out explicit examples?

    You are a PAYE taxpayer. Receipts are irrelevant to you. I'm your best buddy with a part-time sole trader enterprise on the side on top of my own top-rate-tax PAYE employment. You want to buy a new 4X4 with repayments of 10k a year over 6 years. I buy it in my name and register it etc. Maybe claim back VAT if I am registered. I repay the 10k loan from my business account. You give me 8k cash which I spend on coke and hookers. You have the use of the vehicle and can save up diesel receipts for me too. You can similarly reimburse me in cash for tax and insurance every year.

    How would that not be fraudulent in your considered opinion? Will you get away with it? Maybe, maybe not. You'll have some sort of paper trail though



  • Registered Users, Registered Users 2 Posts: 9,697 ✭✭✭CMOTDibbler


    Yes, but that's not the case here. It's the opposite. The PAYE guy is paying off the loan and the farmer (sole trader) is getting the car.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump




  • Registered Users, Registered Users 2 Posts: 9,697 ✭✭✭CMOTDibbler


    Maybe you should?

    But I want to make the payments on it myself. I am not a tradie or farmer, I am employed privately.



  • Registered Users, Registered Users 2 Posts: 18 Jamescfc


    Theres no VAT being claimed back. It would just be bought by myself on finance and registered in someone else's name so they can tax and insure it then.



  • Registered Users, Registered Users 2 Posts: 9,697 ✭✭✭CMOTDibbler


    I've no doubt of that. Some people seem to want to make unfounded accusations for reasons known only to themselves.



  • Registered Users, Registered Users 2 Posts: 801 ✭✭✭Cushtie


    If its new vehicle you usually need to send a copy of the VRT cert to the finance company to show whose name it was registered in.

    If used it would be a matter of the garage agreeing to do the transfer of ownership into the brothers name.

    However, I'm pretty sure there would be some terms and conditions in the finance agreement that the owner is the person taking out the finance agreement.

    Having said that I just realised my wife's car is in her name and the loan is in mine. 😁



  • Registered Users, Registered Users 2 Posts: 18 Jamescfc


    It would be a second hand vehicle



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  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    Have another go.

    I'll help you. The OP (Mr. Employed Privately) wants to buy it for himself but have it on paper as being owned by Mr. Farmer/Tradie brother even though the OP will be the actual beneficiary and user of the vehicle.

    You can read between the lines for after that



  • Registered Users, Registered Users 2 Posts: 9,697 ✭✭✭CMOTDibbler


    Except he doesn't say that (use it himself). Maybe he will, but that's not what he says.

    And if so, it's much more likely that he's doing this to have it taxed as commercial and save on road tax.



  • Registered Users, Registered Users 2 Posts: 801 ✭✭✭Cushtie


    I think the op said the opposite. That it was to be used on the farm by the brother.

    "Can I purchase a commercial 4x4 on finance from a garage and register it in my brother's name for example? So he can register and tax and insure it for use on farm? But I want to make the payments on it myself"



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    Well only the OP can answer that.

    Scenario A: The OP wants to buy his farmer/tradie brother a 4x4 for the brother to use and the OP wants to pay for it

    Scenario B: the OP wants to buy a vechicle for his own use, but wants to put it in his brothers name and have the brother tax and insure it for him.

    You think it's A, I think it's B



  • Registered Users, Registered Users 2 Posts: 4,978 ✭✭✭goochy


    Insurance will definitely be a problem



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    It is admittedly open to that interpretation as it is left ambiguous, and I would guess deliberately so. Nothing wrong with that. But I take it to be that he can tax and insure it through the farm as if it were to be used on the farm - but that in reality it will be for the OPs use.

    Many people who have a sideline such as that basically run it at breakeven or a loss. They will put things though the books of the sideline. So that rather than buying yourself that new car from your after tax income, you buy yourself a 4X4 for "farm use". The conditions of commercial tax is that the vehicle is to be only used for commercial purposes, but the insurance will also normally cover you for private use so issues would never arise in practice.

    If you have a high paying PAYE job, you can even offset your losses from your sideline against your PAYE income. But you cannot do it year-after-year. I think you can only run a loss for 2 out of every 3 years.



  • Registered Users, Registered Users 2 Posts: 9,697 ✭✭✭CMOTDibbler


    You thought he was buying it so that he could defraud the taxman.

    I would imagine that the intention is to write it down as a business expense for tax reasons. Which would be fraudulent

    I think it's either A or B. But the discussion started because you had a completely different idea because you hadn't read the OP correctly.



  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    What do you think the OP is asking about that couldn't be interpreted as trying to "save" tax (to use less inflammatory words)?

    Scenario A is not believable. Not impossible but not believable as it makes no sense unless the OP won the Euromillions. In which case they wouldn't be financing the car.

    Even if scenario A were correct (which it isn't), technically the brother would have a gift tax liability if beyond allowed limits.



  • Registered Users, Registered Users 2 Posts: 9,697 ✭✭✭CMOTDibbler


    What's your point? It's one or the other. You've admitted as much yourself.

    And it's completely irrelevant to the multiple posts we've been through to eventually get to the point where we could actually discuss what the OP wrote and not what you thought they'd written.

    I'm tired of this pointless nonsense. I'm sure everyone else is too. Bye.



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  • Registered Users, Registered Users 2 Posts: 21,327 ✭✭✭✭Donald Trump


    Yes, you are wrong. It is pointless alright. Bye



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