Rebated duty fuel ----RED DIESEL----

[b101uk]

i got stopped in april in my mog.some mogs arnt registered as agricultural vehicles,mine is.hmrc said its not a tractor..i agreed..its a agricultural machine.after 2 hours on the side of the road,i offered 2 pay 500pound fine,but they refused to take it.they said they didnt know if i was in the wrong.after reading me my rights{none},nine months later,they,re fining me £1100.cheers madge.i think they fine you the cost of their resources,looking into you.the police say you are innocent till proven guilty...hmrc say you are guilty till proven innocent..fact.they prefer you runnin avery overloaded tranny,as long as its on white.its all about the coin.

 

why was it not a tractor?

[john the log]

exactly.a combine harvester isnt a tractor either,as i told mr hmrc.if its taxed as a agricultural machine and says its a agricultural machine on the log book,surely,that means the queen says its a agricultural machine.some mogs arent registered as ag. machines eg.if they have a crane fitted,sometimes.it doesnt say anything in hmrc guidelines about hauling fuel for your own use.to me,when i go to a job,to trim/remove a tree,once the branch is removed foom the tree it bellongs to me,therefore,i,m[processing timber]into fuel for my own use.i think i,m going to go to court to dispute my fine.sometimes the little man has to stand up.

[treequip]

exactly.a combine harvester isnt a tractor either,as i told mr hmrc.if its taxed as a agricultural machine and says its a agricultural machine on the log book,surely,that means the queen says its a agricultural machine.some mogs arent registered as ag. machines eg.if they have a crane fitted,sometimes.it doesnt say anything in hmrc guidelines about hauling fuel for your own use.to me,when i go to a job,to trim/remove a tree,once the branch is removed foom the tree it bellongs to me,therefore,i,m[processing timber]into fuel for my own use.i think i,m going to go to court to dispute my fine.sometimes the little man has to stand up.

 

 

 

By all means fight your corner but be aware...............

 

If it’s registered agricultural it means you or someone else did it, nowt whatever to do with HMQ.

 

When you “go to a job” you are getting paid for the job which means, while you may be processing fuel for your own use you are also moving waste for hire or reward.

[renewablejohn]

exactly.a combine harvester isnt a tractor either,as i told mr hmrc.if its taxed as a agricultural machine and says its a agricultural machine on the log book,surely,that means the queen says its a agricultural machine.some mogs arent registered as ag. machines eg.if they have a crane fitted,sometimes.it doesnt say anything in hmrc guidelines about hauling fuel for your own use.to me,when i go to a job,to trim/remove a tree,once the branch is removed foom the tree it bellongs to me,therefore,i,m[processing timber]into fuel for my own use.i think i,m going to go to court to dispute my fine.sometimes the little man has to stand up.

 

I think you will have a hard time arguing this in court. If you purchased the timber from the client and have evidence of this transaction taking place at arms length (ie commercial purchase price for the timber) you might have a plausible argument but without this you are providing a waste disposal service for your client.

[john the log]

i hear what your saying.my argument is that,i get paid to trim/remove tree.once the branch is removed,i have done what was asked.after that,i process my timber....your honour.hmrc said the mog is used for tree surgery.i dissagree.the mog doesnt climb the tree,i do.when i take the chippings home,i am hauling my own produce for my own use...fuel.

[john the log]

when you go to a garage for a set of new tyres,you get a price for the tyres+fitting.they dont charge you extra for removing your waste..ie your old tyres.when the tyres are removed,they then belong to the garage.

[Johny Walker]

when you go to a garage for a set of new tyres,you get a price for the tyres+fitting.they dont charge you extra for removing your waste..ie your old tyres.when the tyres are removed,they then belong to the garage.

 

you get charged now !!!!!!!

[treequip]

i hear what your saying.my argument is that,i get paid to trim/remove tree.once the branch is removed,i have done what was asked.after that,i process my timber....your honour.hmrc said the mog is used for tree surgery.i dissagree.the mog doesnt climb the tree,i do.when i take the chippings home,i am hauling my own produce for my own use...fuel.

 

Go for it, but it won’t fly.

 

Bear in mind that you are doing this for the first time but the forces of the dark lord do this for a living. They will have heard your defence and many variations upon the theme many times.

 

If you engage them in court watch out for HMRC asking for costs.

[treequip]

hmrc say you are guilty till proven innocent..fact.they prefer you runnin avery overloaded tranny,as long as its on white.its all about the coin.

 

You have your agencies confused. HMRC are concerned with revenue from taxation. They have no remit or powers to deal with overloading. That’s down to other agencies who have no remit to deal with tax evasion.

 

You are quite correct, for HMRC is is all about the coin but it’s unfair to say they would rather have you running overloaded.

 

HMRC are concerned with revenue from taxation. They have no remit or powers to deal with overloading. That’s down to other agencies who have no remit to deal with tax evasion.

[renewablejohn]

i hear what your saying.my argument is that,i get paid to trim/remove tree.once the branch is removed,i have done what was asked.after that,i process my timber....your honour.hmrc said the mog is used for tree surgery.i dissagree.the mog doesnt climb the tree,i do.when i take the chippings home,i am hauling my own produce for my own use...fuel.

 

I think in law you will find that you are disposing of your clients waste. For you to own the timber you would need to make an offer to the client and the client accept that offer. If accepted then consideration has to take place normally in the form of money but could be a service provided ie removal of timber.