Sold the car, but the tax comes: what to do, where to go

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

More and more often citizens complain: "I sold the car, but the tax comes!" What to do in this situation? To what extent can such a phenomenon be considered legal? In fact, everything is easier than it seems. It is enough to understand some features of the transport tax, as well as Russian legislation. And then there will be no problems for citizens. What to pay attention to? Why might there be a tax on a sold vehicle? Where and in what order should one apply in such a situation?

About transport tax

The first step is to understand what kind of payment we are talking about. Vehicle tax is an annual tax that is paid by all vehicle owners. It is calculated at the regional level, taking into account many features.

Accordingly, you will have to pay for a car that is owned from year to year. But you can get rid of this payment. How exactly? Change the owner of a car. And not only in fact, but also documented. Only this wayit will turn out not to pay money for the car legally. Nothing else.

When changing ownership

If the seller suddenly received a tax on the sold car, you should not panic. According to the rules established in Russia, the change of ownership of property relieves the previous owner of liability for tax payments. This prerogative passes to the new owner. The rule applies to any property.

That is, as soon as the owner of the car changes, the previous owner should not receive taxes for the vehicle. But there are exceptions. In any case, there is no reason to panic. Got tax on a sold car? Pay or not? The answer depends on the specific situation. What scenarios could take place?

About payment features

In order to fully understand how legitimate the requirements of the tax authorities are, you need to learn about some of the features of tax payments. What is it about?

The fact is that if a citizen sold a car, and the tax comes, then the phenomenon can be considered legal. Especially in situations in which the sale took place recently. Why?

According to the established rules, a citizen pays for his property in the year following the one in which the property was acquired. In other words, if the car was bought in 1999, then the tax will come in 2000.

Accordingly, every citizen should take this feature into account. So, if a transport tax came on a recently sold car, there is no need to be surprised. The demand is legal. After all, in the coming year will have to pay forprevious 12 (or less) months of ownership of the property. In this situation, you will have to pay.

By proxy

Now in Russia, very often the property passes into ownership by proxy. That is, the buyer and the seller enter into an unspoken deal with a settlement, but it is the power of attorney that is drawn up according to the documents. In fact, the purchase and sale of the vehicle takes place.

If that's the case - a person sold a car, and the tax comes - then such actions can also be considered legal. After all, the transfer of property into ownership by proxy is the provision of temporary rights to the car. According to the documents, the former owner remains the real owner of the property.

Accordingly, you will have to pay for the car in full. That is why it is not recommended to conclude an imaginary sale and purchase by proxy. Such scams cause a lot of problems for sellers.

Under contract

And if the deal was concluded according to all the established rules? What if the tax on the sold car came under a sales contract? It has already been said - it all depends on the specific situation.

In the year following the year of the transaction, you will have to pay the tax in full, but taking into account the number of months of car ownership. It is worth noting that even if the vehicle was owned for several days in a given month, rounding will occur upwards. In other words, the month is credited as a full month when calculating the tax.

But if after the specified period they continuetransport taxes come, you do not need to pay them. But the phenomenon should not be left unattended either. It is the owners of the property who must pay for their car!

Not counting

Came tax on the sold car? This is a common occurrence and should not cause panic. If the transaction was officially concluded, then the reason for this phenomenon may be that the buyer did not register with the traffic police within 10 days. That is how much time is given to a citizen to register a car in the traffic police after the conclusion of a sale and purchase transaction.

In this situation, it is recommended to contact the tax office at your place of residence, as well as the traffic police. Employees will have to show evidence of the transfer of the car into the ownership of another citizen. And then the taxes will stop coming to the name of the seller.

Causes of incidents

Why can the situation under study arise at all? All problems have their reasons. In the case of taxes, they are more than enough. Why does the tax come on the car that I sold?

Among the most common reasons are the following:

1. The deal was fictitious. For example, the property is transferred by proxy to the ownership of the buyer. Taxes come to the seller legally.
2. We are talking about the tax for previous years in which the seller still owned the car. It's also a perfectly legal requirement. It is necessary to pay such tax in any case.
3. Fault in the tax office. Sometimes tax notices come to citizens onerror. There is no need to pay in this situation, but it is necessary to clarify all the nuances regarding the invoice issued.
4. The buyer did not register on time with the traffic police. If the tax on the sold car came under a sale and purchase agreement that was drawn up legally, you will not need to pay. All responsibility for the property will be borne by the buyer. It is enough to prove the legitimacy of the transaction.
5. Failures in the traffic police system. They are tantamount to failures in the tax authorities. As a rule, they do not occur very often. No payment required.

From now on, it is clear for what reasons a notice of payment of transport tax may come. This situation requires great attention from both the buyer and the seller.

Where to contact

The car is sold, and the car tax comes? If the transaction was legal, and payments for all previous months of vehicle ownership have been paid off, the seller must contact certain authorities. Where exactly?

Several options offered.

1. Handling documents confirming the transaction and the transfer of property to another owner, to the tax authorities at the place of residence. A citizen in this situation confirms the fact that the car no longer belongs to him. And therefore he should not pay for it.
2. Writing a statement of the established form in the traffic police. The process is not much different from applying to the tax authorities. Came the tax on the sold car, the contract is lost? Then you have to either prove the fact in other waysdeal, or pay. Most often, it is the first option that succeeds.

Going to court is extremely rare under the circumstances under study. As a rule, they are suing mainly buyers who have not fulfilled their obligations.

How to act if taxes come in

So, the citizen received a tax on the sold car. What to do? You can use a few tips to help get rid of unnecessary problems.

To be more precise, a citizen can:

1. Deal with the buyer in person. For example, call and find out what's wrong. It is required by all means to try to contact the buyer. If the number is unknown, a notification letter is sent. It describes in detail the situation, as well as a request to issue a car according to the law. All documents that can confirm attempts to contact the buyer must be kept.
2. Contact the traffic police with documents confirming the transaction, as well as payment of tax for the period of ownership of a particular vehicle before the sale. Usually, after this step, a search for a buyer will begin in order to impose liability on him for the illegal use of a car without registering it.
3. To break the previously concluded agreement. Got tax on a sold car? What to do? As an option - to refuse the concluded transaction, pay the tax and then either use the transport, or draw up a similar transaction with a responsible person. The money for the car will have to be returnedbuyer.

These are the most common options. Clearly the situation should not be left unattended. And pay for all tax notices that come too.

Before decisive action

If a citizen received a road tax on a sold car, there is no need to rush to collect documents-evidence of the concluded car sale and purchase transaction. The first and very important point will be a careful study of the received receipt.

It is likely that the period for which the tax is charged is the time in which the citizen owned this or that property. For him, as has been repeatedly said, you will have to pay. Non-payment threatens not only with a fine, but also pen alties that are charged for late tax payments.

Accordingly, before going to the tax office or the traffic police, you need to make sure that the billed payment is not legal. Only then can decisive action be taken. Otherwise, all manipulations will only take the time of a citizen. And in the end, taxes will still have to be paid in full.

Tips & Tricks

Each seller of the vehicle can be given a few recommendations that will help avoid problems in the future when concluding transactions. The citizen sold the car, and the tax comes? To avoid such situations, it is enough:

1. Deal only with bona fide buyers. It is recommended to find out in advance all contacts for communication with a citizen. This also appliesregistration, and telephone numbers.
2. At the same time deregister the vehicle and require the buyer to register the property with the traffic police on the day of the transaction, for example. Most often, this scenario takes place.
3. Remember that there is no legal wording "sale by proxy" in Russia. Under such circumstances, the property is transferred only temporarily. And payments (fines, taxes, and so on) will legally lie with the potential seller. Therefore, it is best to exclude transactions involving a power of attorney.
4. It is desirable to conduct legal support for the purchase and sale. So both parties will be protected from dishonest behavior of sellers or buyers.
5. Put all documents in one place, store them, make copies and certify with a notary. It is important not to lose evidence indicating the fact of the transfer of property to the new owner. Otherwise, taxes will come in the name of the seller. And you can't dodge them.

All these are great ways that will protect both the buyer and the seller from unnecessary problems. In fact, everything is easier than it seems. In fact, only the right preparation helps to solve tax problems.

Results and conclusions

From now on, it is clear what to do if the car is sold, and the tax on the car comes. In fact, everything is easier than it seems. A car sold in accordance with all the rules will not cause inconvenience to the seller.

Don't be afraid to claim your rights and make a deal. After all, not always thoseother organs work properly. And everyone should remember this. If a citizen can say for sure that the tax comes illegally, it is not necessary to pay it. We will have to take decisive action to achieve justice.