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The car sold, and the tax comes: what to do, where to go

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

About the transport tax

The first step is to understand what payment is involved. Transport tax is an annual tax that is paid by all owners of vehicles. It is calculated at the regional level, taking into account many features.

Accordingly, to pay for the car, which is owned, will have from year to year. But you can get rid of this payment. How exactly? Change the owner of the car. And not only in fact, but also documented. Only so it turns out not to pay money for the car on legal grounds. And nothing else.

When changing the owner

If the seller suddenly came tax on the car sold, there should not be panic. Under the rules established in Russia, the change of the owner of property removes from the previous owner the responsibility for tax payments. This prerogative passes to the new owner. The rule is relevant for any property.

That is, as soon as the car changes owner, the previous owner should not receive taxes for the vehicle. But there are exceptions. In any case, there is no reason for panic. Came the tax for the car sold? To pay or not? The answer depends on the specific situation. What development options can take place?

About the features of payments

In order to fully understand how legitimate the requirements are set by the tax authorities, it is necessary to learn about certain features of tax payments. What is it about?

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

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

Accordingly, this feature must be taken into account by every citizen. So, if there is a transport tax on a recently sold car, you should not be surprised. The demand is legal. After all, in the coming year will have to pay for the previous 12 (or less) months of possession of property. In this situation, you will have to pay.

By proxy

Now in Russia very often property passes in the property by proxy. That is, the buyer and the seller conclude an unspoken deal with the settlement, but the documents form the power of attorney. In fact, there is a sale and purchase of a vehicle.

If this is the case - a person sold the car and the tax comes, - then such actions can also be considered legitimate. After all, the transfer of property in ownership by proxy is the provision of temporary rights to the car. The real owner of the property is the former owner of the documents.

Accordingly, pay for the car will have to the fullest. That is why it is not recommended to conclude an imaginary purchase and sale by proxy. Such frauds bring many problems to sellers.

Under contract

And if the transaction was concluded according to all established rules? How to be, if the tax on the sold car came under the contract of sale? It has already been said that everything depends on the concrete situation.

In the year that follows the year of the deal, it is necessary to pay the tax in full, but taking into account the number of months of ownership of the car. It is worth noting that even if in a given month the transport was in the property for several days, rounding will take place in a larger direction. In other words, the month goes into credit as complete when calculating the tax.

But if transport taxes continue to come after that period, they should not be paid. But also to leave the phenomenon without attention also does not follow. It is property owners who must pay for their cars!

Excluding

Came tax on the car sold? This is a common phenomenon that should not cause panic. If the transaction was concluded officially, the reason for this phenomenon may be that the buyer did not register with the traffic police in a 10-day period. It is the amount of time a citizen takes to put a car in the State Traffic Safety Inspectorate after signing a purchase and sale transaction.

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

Causes causes

And why the situation can arise at all? All problems have their own reasons. In the case of taxes, more than enough. Why is the tax on the car that I sold?

Among the most common reasons are the following:

  1. The deal was fictitious. For example, property is transferred by proxy to the buyer's property. Taxes come to the seller legally.
  2. It is a question of the tax for the last years in which the seller still owned the car. Also quite legitimate requirement. To pay such a tax is necessary in any case.
  3. Failure in the tax service. Sometimes tax notifications come to citizens by mistake. Pay in this situation is not necessary, but it is necessary to clarify all the nuances concerning the invoice.
  4. The buyer did not register on time at the State Traffic Safety Inspectorate. If the tax on the sold car came under a sales contract that was legalized, it would not be necessary to pay. All responsibility for the property will be borne by the buyer. It is enough to prove the legality of the transaction.
  5. Failures in the traffic police system. They are equivalent to failures in the tax authorities. As a rule, they do not occur very often. You will not need to pay.

From now on it is clear why the notice of payment of the transport tax can come. This situation requires a lot of attention from both the buyer and the seller.

Where to go

The car is sold, and the car tax comes? If the transaction was legal, and payments for all previous months of ownership of transport are paid off, the seller must apply to certain authorities. Where exactly?

There are several options for action.

  1. Handling of documents confirming the transaction and the transfer of property to another owner, to the tax authorities at the place of his 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 an application of a standard in the State Automobile Inspection. The process differs little from the appeal to the tax authorities. Came tax on the car sold, the contract is lost? Then you have to either prove by other means the fact of concluding the transaction, or pay. Most often it is possible to realize the first option.

The court is treated extremely rarely under the circumstances studied. As a rule, they are judged mainly with buyers who have not fulfilled their obligations.

How to proceed if taxes come

So, the citizen came tax on the car sold. What to do? You can use several tips to help you get rid of unnecessary problems.

More precisely, a citizen can:

  1. To settle matters with the buyer personally. For example, call and find out what's wrong. It is required in all ways 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 the request to formalize the car by law. All documents that can confirm attempts to communicate with the buyer must be retained.
  2. Contact the traffic police with documents confirming the transaction, as well as payment of tax for the period of ownership of a vehicle before the sale. Usually, after this step, the search for a buyer will begin with the aim of imposing on him the responsibility for the illegal use of cars without registering them.
  3. Break the previously concluded contract. Came tax on the car sold? What to do? As an option - to abandon the concluded transaction, pay the tax and then either use the transport, or make a similar transaction with the responsible person. Money for the car will have to be returned to the buyer.

All these are the most common options for action. It is clearly not necessary to leave the situation without attention. And pay for all tax returns that have come, too.

Before decisive action

If a citizen has come road tax on a car sold, you do not need to rush to collect evidence documents of the concluded car sale transaction. The first and very important point will be the careful examination of the receipt that came.

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

Accordingly, before you go to the tax or the State Traffic Safety Inspectorate, you need to make sure that the payment is not legal. Only in this case it is possible to start resolute actions. Otherwise, all manipulations will only take away the citizen's time. And in the end, taxes will still have to be paid in full.

Tips and Tricks

Each TC seller can be given several recommendations that will help to avoid problems in the future when making deals. Citizen sold the car, but does the tax come? To avoid such situations, it is enough:

  1. Conduct a deal only with bona fide buyers. It is advisable to find out all contacts for communication with a citizen in advance. This applies to both residence permits and telephones.
  2. Simultaneously, to remove the transport from the register and demand from the buyer to register the property in the traffic police on the day of the transaction, for example. Most often this is the case.
  3. Remember that there is no legal formulation of "sale by proxy" in Russia. Under similar circumstances the property is transferred only for a while. And payments (penalties, taxes, etc.) will be legally based on a potential seller. Therefore, it is best to exclude transactions related to power of attorney.
  4. It is advisable to conduct support of purchase and sale by a lawyer. So both sides will be protected from the unscrupulous behavior of sellers or buyers.
  5. All documents must be stored in one place, stored, copied and certified by a notary. It is important not to lose evidence pointing to the fact of transfer of property to the new owner. Otherwise, taxes will come in the name of the seller. And to avoid them will not work.

All these are wonderful 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 solve tax problems.

Results and conclusions

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

Do not be afraid to claim your rights and the transaction. After all, not always those or other organs work properly. And everyone should remember this. If a citizen can accurately say that the tax comes illegally, it is not necessary to pay it. We will have to take decisive action to achieve justice.

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