Sold the car a. What to do if the tax on the sold car came? Reasons for receiving notifications for the payment of TN from a sold car
Similar situations occur quite often. According to the current vehicle registration rules, a car is sold without prior deregistration. You simply enter into a contract of sale in triplicate (in handwritten or notarized form), make changes to the TCP and put the signature. Formally, the transaction is considered completed. In this case, a similar purchase and sale scheme can be used regardless of the place of residence of both the seller and the buyer - the latter can register the car in any branch of the traffic police of the country.
It would seem convenient. However, it must be borne in mind that, according to the current legislation, it is the owners (that is, the owners) of the vehicles that are brought to administrative responsibility for offenses in the field of traffic (if they are fixed with photo and video cameras). Therefore, until the new owner re-registers the car in his own name (and he is given 10 days for this), fines for violating traffic rules will come to the address of the old owner!
How to avoid this incident? The traffic police give one piece of advice - together with the buyer, when making a purchase and sale transaction, contact the traffic police and be personally present when re-registering the car. In this case, you will be sure that the car is indeed registered with the new owner.
If you did not do this, and the fine has come, then in this case you will have to appeal it. To do this, it will be necessary by registered mail to send a complaint to the resolution to the Center for the automatic fixing of administrative offenses in the field of traffic (it indicates the reason for the appeal - the car was sold) and attach a copy of the contract of sale. It is necessary to send a complaint within 10 days from the receipt of the letter with the receipt! But if you do not have time to do this for some reason, you can write a request to restore the appeal deadline. The address of the Center for automatic fixing of administrative offenses in the field of traffic is indicated on the form of the decision itself.
You can also file a complaint with the court, but experience has shown that it is much easier to resolve the issue through the traffic police.
But what if the new owner of the car does not register it after 10 days? The traffic police provided for such an action as the termination of registration. 10 days after the purchase and sale transaction, you can contact the traffic police and check whether the data on the new owner is entered into the database. If not, you can safely write a statement about the termination of registration (numbers and documents will be put on the wanted list). In this case, the registration of the car can be renewed at any time.
Remember - to pay the fine for violation of traffic rules (like any other fine) the offender is given 60 days + 10 days are given to appeal the decision. If after this period the penalty has not been paid, then the traffic police officer waits for some more time, but no more than 10 days (in case the penalty was paid at the last moment, but the payment has not passed yet) and sends the case to the bailiff service - namely they are engaged in the recovery of unpaid fines. At the same time, the traffic police initiates a case under part 1 of art. 20.25 and submits it to the court.
According to Part 1 of Article 20.25, for failure to pay an administrative fine within the time period provided for by the Administrative Code, it is provided:
- imposition of an administrative fine in the amount of two times the amount of the unpaid administrative fine, but not less than one thousand rubles,
- administrative arrest for up to fifteen days,
- compulsory work for up to fifty hours.
Since November 15, 2014, if the violation was recorded using automatic video recording means (i.e. cameras), they cannot arrest a person for non-payment of a fine. Such a person will be punished in the form of double the amount of the unpaid fine or in the form of compulsory work for up to 50 hours.
Do not pay after the trial? In this case, the bailiffs may seize property from you. Another nuisance that awaits the deadbeat is the ban on traveling abroad. Moreover, for this, a court decision is not required now - it is enough that the case was submitted to the bailiffs. In order to prevent you from being allowed abroad, you need to “collect” 10,000 rubles.
However, there are situations when the driver doesn’t specially come to the post office for a notice or for one reason or another is not at the place of registration. For some reason, many people think that in this case the fine is “not taken into account”. Nothing like this! The mail returns the letter back to the traffic police, and the fine is considered ... received. And 60 days (+10 days for payment) are counted from the date of the postmark when returning a letter. It all sounds strange, but this is Russian law. And since November 15, 2014, a norm has appeared in Russian legislation, according to which a fine can be sent to your personal account on the Unified portal of public services in the form of an electronic decision file, certified by an enhanced qualified electronic signature
Sample Complaint
In the traffic police of Russia in the Tver region
Center for automated fixation of traffic police
State Department of the Ministry of Internal Affairs of Russia in the Tver Region
170037, Tver, Victory Avenue, 53
From Nikolaev Ivan Semenovich,
Born in 1977,
residing at:
Russia, 194356, Moscow,
Leningradsky pr., Building 4, apt. 27.
Complaint against the resolution of the Center for Video Recording of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia in the Tver Region
On 04.04.2014, the inspector of the Center for Video Recording of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the Tver Region Ilyukhin Aleksey Viktorovich issued a resolution number 18810169141104019882 from 04.11.2014 to 12.9 part 2 of the Administrative Code. This decision imposed a fine of 500 rubles on me.
I consider the decision illegal, unreasonable and subject to cancellation in connection with the following:
The car of the Kia DE (JB) Rio model was sold by me under a purchase and sale agreement 02.11.2014. In this regard, I could not be driving at the time of the violation. I enclose a copy of the contract of sale.
The data of the buyer of the car: Degtev Anton Petrovich, born in 1976, living at: Russia, St. Petersburg, Kultury ave., Building 35, apt. 4. Identity card: passport series 3785 No. 743819 issued by the Department of Internal Affairs of the mountains. Pyatigorsk, Stavropol Territory. Date of issue 05.19.2006. I ask you to cancel the decision number 18810169141104019882 of 04/04/2014, issued by the inspector for 12.9 part 2 of the Administrative Code regarding me.
If the need arises, we strongly recommend that you approach the design of the package of documents with all responsibility. Any oversight or flaw will threaten the fact that you will receive the transport tax on the car sold. But why such situations arise, how to avoid them and what to do if the car tax has already arrived?
The main causes and solutions
If you receive a transport tax on a sold car, then in order to resolve the problem as soon as possible, you should calmly and thoroughly study the cause of this phenomenon.
There are three main reasons why you were sent a car tax:
- Papers evidencing a change in car ownership did not reach the tax office. The reason for this is most often the inertia of the bureaucratic system. It is worth emphasizing that a car tax for this reason comes only if a full-fledged sales contract has been drawn up. If the car was sold by proxy, then this is a completely different and more complicated story.
Solution: In order to rid yourself of the problems with paperwork on the car as soon as possible, you need to go to the traffic police department yourself and demand a notice indicating a change in car owner. This certificate must contain the date when the car was registered and the date of signing the contract of sale (we emphasize that issuing a power of attorney has nothing to do with this!). Next, with this paper you need to go to your tax office, where you will need to write a statement and attach to it the existing certificate from the traffic police. After that, the problem with the fact that a car tax comes will no longer concern you.
- Another common reason explaining why they sent a tax on a car that was sold was the lack of registration of the sold vehicle in the prescribed ten-day period.
Solution: there can be several ways to solve this problem:
Method number 1: Immediately after you received the tax on the car, you should try to contact the buyer and find out the reasons for his irresponsibility. You should persuade him to arrange the transport as required by law and pay for the certificate sent to you;
Method number 2: If the buyer does not get in touch, then you can contact the traffic police department with your documents that indicate the completion of the purchase and sale transaction (not a power of attorney!), Transferring the tracking object to the buyer's property and receiving money for it. After drawing up the relevant protocol, the search for the buyer for the proceedings will begin;
Method number 3: Terminate the purchase document, which is possible according to the law. The certificate of sale stipulates that if the paragraph on the registration of the vehicle is not fulfilled within 10 days, the document can be canceled unilaterally. However, in this case you will have to send a letter to the buyer indicating the desire to terminate the contract. It is also worth noting that such a resolution of the situation provides for the return of the full amount paid to you to the buyer, but later on you can recover a penalty, as well as funds equal to the market value of renting a vehicle of your type.
- The third reason why you receive a car tax is one of the most common and difficult to resolve - this is the design of a car by proxy. The fact is that according to the legislation of the Russian Federation, such a term as “selling cars by proxy” does not exist. Therefore, even if the certificate of power of attorney is issued in accordance with all the rules and takes into account the right of resale, it does not exempt the owner of the vehicle from paying taxes and fines. Accordingly, if you sold the car by proxy, and the new owner did not reissue it, then the certificate comes to you in full accordance with the law.
Solution: there may also be several options for resolving such situations:
Option number 1: contact the new owner and require him to arrange transport for himself or pay the tax that comes to you;
Option No. 2: To unilaterally revoke the power of attorney document and leave a search application in the traffic police. After completing such a statement, the specified transport will be stopped at the chipboard post until your arrival to resolve the dispute;
Option number 3: Submit an application for recycling to the traffic police, but after such a radical decision to restore the documentation for the vehicle will be unrealistic.
Once in a similar situation, it is necessary to quickly resolve it. Overdue fees for owning a vehicle are fraught with serious problems, up to the arrest of your accounts and withholding up to 30% of monthly income. In addition, if the case is brought to court bailiffs, then resolving it with simple methods will fail. And even if you need it, then you should not save time on the correct execution of all documents, because subsequently your calm sleep will depend on this.
At the moment, the seller of the car is only required to sign, an act of transfer and receive money. The obligation to re-register the car in the traffic police lies with the new owner. Moreover, he must do this in ten days. If you ignore this obligation, the car actually remains in the possession of the seller, which means responsibility too. What to do in such a situation?
Reasons for not renewing a car
Situations when the new owner is in no hurry to re-register the purchased vehicle, are very common. The reasons are usually as follows:
![](https://i2.wp.com/zakoniavto.ru/wp-content/uploads/2017/08/752.jpg)
Regardless of the reason why the new owner did not register the car, this threatens the previous owner with unpleasant consequences. Therefore, when implementing the TS, one should be especially scrupulous in processing documents - an act of transfer and a contract of sale.
What threatens the seller with this situation?
If the owner sold his car under a contract of sale, but it is not registered, then the former owner is still responsible for it. First of all, this refers to the obligation to pay fines for violation of traffic rules. If the offender gets into the lens of the photo or video recorders of the traffic police, the “letter of happiness” arrives at the address of the owner, who is actually the former owner.
This situation, of course, is unfair, but you have 60 days to pay the fine. An additional 10 days are allotted to appeal against the decision. For 10 days, the traffic police officer does not take any action and makes sure that the fine has not really been paid, and that there has not been any delay among the transfers. After this time, the case of the offender is transferred to the bailiffs. Guided by Part 1 of Article 20.25 of the Administrative Code, they can apply one of the following two types of administrative responsibility:
- public Works;
- a fine that is 2 times the amount of the unpaid fine, but not less than 1 thousand rubles.
Administrative Code, Article 20.25. Administrative punishment evasion
1. Failure to pay an administrative fine within the time period provided for by this Code shall entail the imposition of an administrative fine in the amount of two times the amount of the unpaid administrative fine, but not less than one thousand rubles, or an administrative arrest for up to fifteen days, or compulsory work for up to fifty hours.
If these measures do not take effect, the bailiffs are entitled to compensate for the costs and pay off the debt by selling the property of the debtor. If the amount of fines reaches 10 thousand rubles, the authorized bodies have the right to make a decision on the ban on the departure of the fines abroad.
It turns out that when you ignore the notification of the payment of a fine, thinking that the sold car has already been removed from your account, you make a big mistake. The mail that remains unclaimed notice is again addressed to the STSI and the countdown begins for the same 60 + 10 days to pay off the debt, since the notice is considered to be received by the debtor. Next - all the same actions as described above.
Another threat that comes from a vehicle that is not registered in the name of the buyer is the obligation to pay transport tax. This type of payment is paid no later than December 1 of the year following the reporting one. That is, if you sold the car in June 2017, then in 2018 you will still be required to pay the car tax for 6 months of 2017. But when after buying a car it was not re-registered, in 2018 you will be required to pay the transport tax on the sold vehicle for the whole year. Unless, of course, prove your case.
What to do if the buyer has not renewed the car?
If the fine has arrived, but the 10 days set for re-registering a car have not yet passed, you must make a complaint within 10 days from the date of delivery of the “letter of happiness”. You should contact her at the Center for Fixing Administrative Violations, indicating that you have implemented the machine. A copy of the DCT should be attached as evidence.
After 10 days from the date of signing the contract of sale, each car owner has the right to contact the traffic police to obtain information on whether a particular car has been re-registered.
In the event that the change of ownership has not occurred, you should write a statement about the termination of registration of the car with yourself, until the car has begun to cause you trouble. This can be done in any traffic police department. You should only attach a copy of the DCT. There is no need to pay duties. Immediately car numbers and documents will be entered into the database as having ceased to be valid. When the car stops, this will entail a large fine to the buyer, but the main thing is that he will still have to re-register the purchased vehicle to himself.
Some sellers resentful of buyers file a hijacking complaint or insist. Doing the first (claiming theft of the vehicle) is more expensive for yourself. After all, as soon as a new owner is discovered, he will present the contract of purchase to the traffic police, and you will be held liable for a false report. When applying for recycling, the new owner will have big problems. It will be possible to resume registration only through a court, which in certain circumstances may refuse to register a new machine at all.
What to do if DCT is lost?
If you don’t have any confirmation of the vehicle’s sale on hand, it can be removed from registration on another basis - loss. It is this wording, and not recycling, theft, sale, etc., that is suitable in this case. In this case, state numbers will be put on the wanted list, and when the new owner is announced, registration will be restored.
To avoid all these unpleasant consequences, there is one, but very simple way. No matter what a decent-looking person wants to buy your car, rely only on yourself: after drawing up and signing the sales documents, go with him to the traffic police department and make sure that you are re-registered.
Notify the tax authorities about the sale of the car, as the law of the Russian Federation states, is obliged to its owner. That is, the one whose name is indicated in the passport for the car. A contract of sale is concluded, a copy is issued to the seller and the buyer. After that, the new owner deregisters the car and registers for itself. The tax office notifies the traffic police about this.
But it happens that the former owner has long since lost the hands of his “horse”, and the transport tax on the car still comes. This happens for exactly one reason.: de jure, the owner has remained the same, since it is he who addresses all claims regarding the car.
In what cases does a TN come to a sold car?
A former car owner may be faced with the need to pay a tax notice after the sale of the car for several reasons.
First of all, remember that tax is paid in the current year for the previous year. Do not rush to blame the tax and traffic cops for the mistake. If you sold a car in January 2015, then you will receive another notification of the transport tax ( and you will be required to pay it!): for 2014 - until October 1, 2015 and for the month of car ownership in 2015 - until October 1, 2016.
The transport tax is charged for the full month, that is, even if you sold the car on the first day, you have to pay as for owning a car for the whole month completely.
Are you sure that the notice indicates the period when the car did not belong to you? Then you need to understand other reasons for the misunderstanding with VT, which may arise due to the fault of the relevant authorities:
- The tax office is to blame. The fiscal authorities previously made a mistake, and then they identified it and sent you a notice for past years. In this case, the notice may contain information about the need to pay tax for the three previous tax periods, no more (paragraph 3 of article 363 of the Tax Code of the Russian Federation).
- Wines of the State traffic inspectorate. The registration authorities of the MREO STSI could also make a mistake when entering data on the new owner into the database, or when transferring information about the owners of vehicles to the tax service. In such a situation, the IFTS will charge a transport tax on the basis of available information that is already out of date, and the previous owner of the car will receive another notification.
The tax notice is sent by the Federal Tax Service Inspectorate. address that was indicated in the registration documents for the car when registering it with the traffic police. Check if it matches your current mailing address and location. Then the risk of loss of notifications is minimized, which means you will not have to pay immediately for several years of owning a car when it is already sold.
But there are situations when problems with determining the payer of TN are caused by the actions of not the controlling authorities at all, but of the car owners themselves:
- The seller is to blame - The former owner of the car. Do it yourself creates problems for the car owner who draws up a purchase and sale transaction not by agreement, but transfers vehicle by proxy. It does not matter what type of power of attorney is issued - general, with the right to resell or just to drive a car, whether it is certified by a notary or not - change of ownership does not occur. Therefore, the previous owner continues to act as a payer of transport tax and will continue to receive notification of its payment.
- Fault on the buyer - the new owner of the car. According to the new rules, it is not required to deregister the car during a change of ownership, the seller may not appear at all in the traffic police, but simply transfer all the documents to the buyer to the buyer and sign the purchase and sale agreement. At the same time, the buyer obligation to register a vehicleby visiting MREO within 10 days from the date of transaction. A newly-made car owner may not fulfill this legal requirement and may not re-register the vehicle in his own name, and the former owner will remain in the taxpayer status for this regional fiscal collection.
What to remember, if you decide to arrange in this way the transfer of a car into someone else's possession and thereby save yourself from unnecessary trouble? In the legislation of the Russian Federation in general there is no such thing as “sell by proxy”. Selling means transferring a thing into ownership, and a power of attorney allows you to use it.
How to solve the problem with VT on an already sold car?
The car owner, who sold the vehicle and received the next notice for the period after the transaction, will need to correct this misunderstanding. Otherwise, ignoring notices from the IFTS threatened with penalties for tax evasion.
You need to understand what caused the notice of VT to be sent to you. If necessary (tax for past periods), pay it or send a notification to the new owner, who uses the machine by proxy.
If the claim arose illegally, it is necessary apply to the tax service and MREOto justify your refusal to pay tax on a sold car. When the notification was sent by mistake of these instances, you need to write a statement to the Inspectorate of the Federal Tax Service and the State Traffic Safety Inspectorate with a request to bring everything into line.
But you need to get rid of your own mistakes when concluding a transaction in a different way. Unpleasant surprises when selling a vehicle under a sales contract can be easily avoided. To do this, after 10 days, the seller of the car can contact the traffic police and request information about a specific car - whether it is re-registered as a new owner or is still listed on it.
Well, when you can get through to the new owner - then you should require him to put the car on record. However, it is not a fact that beliefs will work. You can then contact the traffic police with a statement about the search for the car, or disposal.
The seller’s actions should be aimed at removing the car from the register after the transaction on its behalf. Since the buyer is in no hurry to comply with the requirements of the law and register it with himself, you need to write an application for recycling or file a car theft to get grounds for deregistration the car that was sold.
However, the accrued transport tax per se will not disappear - One way or another, he will have to pay the former owner. That is why in such a situation, you should definitely contact a competent car dealer or do your own justice restoration.
Suppose, nevertheless, the car was reissued. You need to do the following:
- in the car inspection you need to take a certificate confirming the re-registration of the car;
- with the original certificate - to the tax office, where the notification came from;
- a statement is written, which indicates the date of the transaction and data on the new owner;
- a copy of the contract of sale must be attached to the application. There should be the signatures of the parties, the date, the amount for which the car was sold.
After that, a resolution will be issuedwhich will charge you an unlawful payment.
- The duty of each owner of vehicles. But life is a constant movement, and a change in the status of an auto-owner happens more often than we would like. Therefore, situations when it is not clear what to do with the receipt of payment of TN that has arrived has happened everywhere. So, let's find out what to do if you came to the sold car, whether you need to pay it and where to go if it was sent.
Taxation on unregistered car
The process of changing the owner of a car occurs for various reasons. It happens quickly, and in some cases the procedure is delayed for a long time. But with any option, something needs to be done with the transport tax, at least not to be. Each situation has its own nuances, which can be discussed in more detail.
This video tells about whether it is possible that there is a transport tax on the sold car:
If the owner is dead
After the death of the owner of the car, the calculation of the transport tax should stop. But repayment of TN occurs without advance payments, and after the expiration of the reporting period. Moreover, in some regions they may be shifted to the fall of next year, so the notification of FNL may come to the already deceased.
Since all tax payment obligations are transferred to the official heirs, they will have to deal with this. And for this:
- Find out in what period the tax is calculated and, if necessary, count up to the date of death of the former owner of the car.
- inherited cars.
- Pay in an amount not exceeding the cost of the received car.
Waiver of an inheritance automatically exempts from payment of tax debt.
About what to do if you sold a car and deregistered it, and the tax comes, read below.
If a car has been deregistered
If the car owner, then the calculation of transport tax ceases from the time this procedure is recorded in the traffic police. Only that part of the year when he was the owner is subject to payment, including the whole month of termination of registration.
Until the new owner () appears, the transport tax is not charged.
About what to do if you sold the car, but the transport tax came, read below.
If the machine is not registered
If the new owner of the car does not appear, that is not, then the transport tax is not charged. But in this case, the car cannot be used, and if this fact is revealed, the driver will be fined.
The legislation defines the registration period: ten days after the emergence of ownership. It is not worth delaying it in order to save on VT, since the transport tax when registering vehicles is charged for the entire month in which it took place.
What to do if a car tax for a sold car arrives
The situation when the former owner receives a notice on the payment of VT on an already sold car happens often. The first step is to check the period for which this tax was calculated, because receipts come with a long delay. And if then you did not already have this car, then you need to deal with the reasons.
About the cases in which it happens that he sold the car, and the tax is on me, we will tell below.
About the payment of tax on a car video sold by proxy below will tell you in detail:
When is this possible
There are several reasons for this, and any of the parties involved in the process may be guilty:
- This may be the cost of the bureaucratic system. The traffic police could be mistaken when re-registering or when transferring data to the tax. And they accrued according to already outdated information.
- Perhaps the new owner is in no hurry with registering the car in his own name. According to the law, re-registration is necessary not at the moment, but within ten days after its completion. But the new owner may have forgotten about it or decided not to register at all, and the old owner remains the formal owner (in the eyes of the FNL).
- And the most unpleasant option for the former owner of the car is when the car is transferred not by, but by. In this case, according to all laws and regulations, he is a payer of TN, even if it was a general notarized power of attorney.
What to do in this situation
The main thing in this case is not to accumulate problems, but to take up the solution right away. For this:
- Go in and check who the car is registered with. If the car has already been reissued, then take an extract, personally bring it to the FNL and based on it write a statement about.
- If the registration has not changed, contact the new owner and request to complete the transaction and pay the tax.
- If you could not find him or he ignored your request, then you must contact the traffic police and documentarily confirm the sale of the car. After drawing up the protocol, your former car will be put on the wanted list.
- Another way to solve the problem is to terminate the sales contract. In this case, you need to return the money, but you can obtain compensation through the court.
- In the case of a car transfer by proxy, you can try to negotiate with the new owner about the payment of VT. If the attempt was unsuccessful, then revoke the power of attorney unilaterally and put the car on the wanted list. He will be detained by the first DPS post.
Useful information about what to do when he sold a car, and the tax comes, is contained in the video below: