I received a tax on a sold car, what should I do?

I received a tax on a sold car - what should I do?

The owner (the person indicated in the vehicle passport) notifies the tax office about the sale of the car..

The parties enter into a purchase and sale agreement, then the new owner deregisters the car, registering it in his name. The State Traffic Safety Inspectorate is notified of this by the State Traffic Safety Inspectorate .

But there are situations when the owner sold the car, and the tax comes to him. What to do in this case and where to go?

How to notify the tax office, do I need to file a return?

In 2013, a law was passed regulating the procedure for registering a vehicle. To sell a car, you now only need to draw up a sales contract, sign it, pay for the purchase, and pick up the keys from the former owner.

Next, the buyer is obliged to go to the traffic police within 10 days, re-register in his name, and the car will no longer be registered with the former owner.

But sometimes it happens that the tax on the sold car has arrived. Let's talk what to do then. The main reason: legally the owner of the vehicle remains the same, so all claims regarding the car are addressed to him .

But there are other reasons. For example, you sold a car in 2015, but the notification about the need to pay tax on the vehicle arrived the following year.

Pay attention to the amount. If it is smaller than usual, there is no need to worry. Tax for individuals is calculated annually for the tax period preceding the previous one.

This means that in 2016 you will pay for the months of 2015 that preceded the sale of the car. Therefore, the amount will be smaller, and in 17 the tax on the sold car will not come.

Everything is much more complicated if the vehicle is sold, but the tax has not been due for the first year.

Most of the problems associated with taxation are created by the owner and seller themselves . The most common reason is the lack of a procedure for changing the owner of the car, selling without deregistering the car.

If a car is sold but not deregistered, who pays the vehicle tax? All fees and fines will be in the name of the former owner, and he will have to pay them.

If you sell a car, but the new owner does not register the car, and the tax comes, the culprit is the buyer of the car.

According to the new rules for re-registration of a vehicle, the procedure for deregistering a car has been removed from the process, and the personal presence of the seller during re-registration is no longer required.

He only puts the signatures required under the purchase and sale agreement, transfers the necessary documents on the car and receives the money.

And the buyer must re-register the car in his name within ten days after purchase. If he does not do this, the tax will continue to go to the previous owner.

To clarify the problem, you should contact the traffic police . You will be provided with a list of cars that are registered in your name. If this list contains a car that has been sold for a long time, you need to contact the new owner.

If communication is lost, you need to put the vehicle on the wanted list . The car will be seized and sent to a special parking lot. Then the buyer will show up and ask to lift the arrest.

Demand that he pay the tax or reimburse you for the amount paid for the state duty and re-register the car in his name.

If you simply ignore taxes, the bailiffs will file claims against you, since the car is still registered in your name.

Transferring a vehicle by proxy is not the best option. The owner creates problems for himself with his own hands. Any power of attorney (general and even with the right to resell) gives the right to use the car, not to own it.

When transferring a vehicle by proxy, its owner remains unchanged; there is no change of ownership . He will receive notifications about taxes, late payments, fines and accidents. But the purchase provides all the rights to own the car.

You need to know that in the legislation of the Russian Federation there is no concept of “sale by proxy” . The sale means the transfer of ownership of the car, and the power of attorney only allows you to use it.

Wine structures

This problem can also arise due to the fault of the traffic police department if the employees did not submit information about the re-registration of the car to the Federal Tax Service or did not have time to enter the data into the database.

Then it is necessary to submit a purchase and sale agreement and a copy of the vehicle’s passport, and on its basis, registration for the car will be issued to the new owner.

Tax officials can also make mistakes . If you know for sure (you checked this point with the traffic police personally) that the new owner has re-registered the car, or the date indicated in the tax does not correspond to the period of use of the vehicle, go to the tax office with a copy of the purchase and sale agreement, write an application for recalculation of the tax.

Sometimes the tax authorities also make mistakes and send a notice of tax payment for a period when you were no longer the owner of this car.

Remember that the tax office sends a notice of transport tax to the address indicated in the registration documents for the vehicle when it is registered with the traffic police.

You need to check how closely it matches your current postal address and place of residence.

Let's find out how to challenge the transport tax on a sold car.

Solving the problem

A car owner who has sold his car, but continues to receive tax notices for the period following the conclusion of the transaction, must correct this misunderstanding. Otherwise, he will have to pay tax or receive penalties for evasion.

If the demand is illegal, contact the tax service or the traffic police MREO to justify the refusal to pay tax on the car sold. If the notice was sent by mistake by the Federal Tax Service or the State Traffic Safety Inspectorate, you need to write a statement asking to bring the data into compliance.

If the buyer has not re-registered the car to himself:

Call the new owner and demand that he register the car.
If beliefs don't work, take more drastic measures. Contact the traffic police, write a statement about searching for the vehicle or its disposal , then you will have grounds for deregistering the car. After the application for disposal, no one will be able to use the car again. The former owner will only be able to sell it for spare parts.
You can terminate the purchase and sale agreement unilaterally . This method is provided for by the legislation of the Russian Federation if one of the parties does not fulfill its obligations. After liquidation of the contract, the buyer will be obliged to pay tax for the period during which he operated the vehicle, and the seller undertakes to return the money. Also, the previous owner has the right to file a lawsuit for failure to fulfill obligations and demand compensation for moral damage.
The most time-consuming process is appealing the fee in court . It is necessary to challenge each notification, collect many documents that will prove that the victim is right. Tax authorities and traffic police officers will be involved in the case. Then taxes will be charged to the new owner from the moment the car is re-registered.

If the car has been re-registered:

the traffic police take a certificate that confirms the fact of re-registration;
with this certificate they go to the tax office;
write a statement indicating the date of the transaction and the details of the new owner of the vehicle;
Attached to the application is a copy of the purchase and sale agreement that you entered into with the buyer.

Regardless of whether you choose a peaceful way to solve the problem or a radical one, you need to ensure that the unscrupulous buyer registers the purchased car in his own name as soon as possible.

Video: What to do if tax comes on a sold car

Consequences of non-payment of tax

Ignoring receipt of payments is not a solution, but aggravation of an already difficult situation. If the former owner of the car does not respond to notifications from the tax office, a case will be opened against him for evasion of state duty.

According to the law, such a situation will threaten the violator with withholding 30% of his salary and blocking his accounts. He may be banned from traveling abroad.

If applications against the violator continue to accumulate, he will become a malicious tax evader, and his case will be transferred to the bailiffs. Then a peaceful solution to the problem will not help.

You will have to prove your case for a long time, collect various certificates, which will be accompanied by significant financial costs.

But the Tax Code limits the period for sending notifications for transport tax: it is sent no more than 3 tax periods that precede the year of its sending.

The owner is not required to pay tax for earlier periods . Those. The statute of limitations for transport tax is 3 years. But tax officials constantly monitor the statute of limitations.

Usually they do not miss the moment when they can still collect a duty from the car owner.

The Federal Tax Service can send documents for payment no later than:

three months from the date of discovery of the fact of late payment (debt amount 500 rubles and more);
one year from the date of discovery of the fact of non-payment (the amount is less than 500 rubles).

8 working days are allocated for debt repayment from the date of receipt of the demand by the debtor, unless a different period is specified in the notice.

If the demand to pay the debt continues to be ignored by the car owner, the tax authorities will go to court for:

six months from the date of expiration of the claim for a debt of more than 3 thousand rubles;
three years from the end of the claim if the debt is less than 3,000 rubles (if the amount of debt grows and exceeds this mark, the 6-month rule will apply from the moment it is exceeded).

Let's find out how to return transport tax for a sold car.

We return the tax

If you have paid tax on a sold car, take the following actions:

contact the traffic police with a car purchase and sale agreement, get a certificate;
go to the tax office, write a corresponding application, attach an agreement, a certificate.

If you sold the car by proxy, the actual owner is the one who was registered with the traffic police . He will also be a taxpayer. Then you will need to pay the tax, find the buyer, and collect the amount paid from him.

Then contact the traffic police, provide the contract, and get the car re-registered in the name of the new owner. Afterwards, returning the paid fee to the INFS will not be difficult.

Tax evasion has very serious consequences for the person receiving the notices . If a tax has been received on a sold car, the issue must be resolved immediately, otherwise the duty will have to be paid within a month after receiving the notification.

Timely elimination of the problem will help the former owner of the vehicle to defend their rights.

Sell your car only in accordance with current regulations.

When selling, do not spare money on preparing a full package of documents, since in the future they will guarantee that the seller is right in the event of controversial issues with the traffic police services, the tax office or with an unscrupulous buyer.

After the sale, do not forget to make sure that the new owner reaches the traffic police within 10 days and re-registers his purchase in his name.

What to do if you receive tax on a sold car?

Good afternoon, dear reader.

Until December 1, 2019, all Russian car owners are required to pay transport tax. As a rule, it is at the end of November and beginning of December that drivers begin to have questions about tax calculations.

This article will discuss one of the most popular questions of 2019 - what to do if taxes have been assessed on a car that has been sold a long time ago.

At the same time, I would like to immediately note that situations in practice are quite different. Some drivers sold their car recently and for some reason the new owner did not register it. However, it also happens that the tax office sends a payment for a car that was sold or scrapped in the early 90s of the last century.

Let's look at how to resolve the issue of incorrectly calculated tax:

Reasons why tax is calculated incorrectly

First of all, let's look at the reasons why an incorrect tax is received:

The new owner does not want to register the car in his name, because... he wants to evade paying tax.
The new owner was unable to register the car. A few examples.

Immediately after purchasing the car, it broke down and restoring it turned out to be too expensive. Also, the car could have been in a serious accident and cannot be restored.

On the other hand, it is possible that the buyer himself had problems. For example, he could become seriously ill.

In all of the above situations, the car remains “hanging” on the previous owner, although the buyer had no malicious intent.

The car was sold according to some non-standard scheme. For example, a few years ago, sales by proxy were practiced. In this case, the power of attorney has already expired and the buyer cannot register the car.

In general, the situations are quite different. Therefore, if you find that tax has once again been assessed for a sold car, then you should not immediately blame the buyer for this and try to “annoy” him.

For example, some embittered sellers, instead of deregistering a car in connection with the sale, deregister it for disposal. This should not be done in any case.

The fact is that the car has already been sold and the seller is no longer its owner. If he deregisters the car for disposal, hiding information about the sale and purchase transaction from traffic police officers, then this will be illegal. The buyer will subsequently be able, through the court, to force the seller to return the cost of the car to him, because he will not be able to use it.

What to do if you receive tax for a sold car?

First of all, the car owner needs to determine at what stage the mistake was made . The following options are possible:

The car is still registered with the traffic police in your name.
The car was deregistered with the traffic police, but there is no information about this in the tax office.

In this case, you can find out this information only by contacting the traffic police department. However, before contacting the police, I recommend reading the article to the end.

The fact is that if the car is still not deregistered, then its registration should be stopped at the same time. And for this you will need additional documents. Namely, you need to find your copy of the purchase and sale agreement under which the car was sold.

Please note that the purchase and sale agreement is the only document from the seller that confirms the date of transfer of the car to the buyer. So you should find it and take it with you.

However, if for some reason the contract has not been preserved, you should still contact the traffic police.

Termination of registration with the traffic police

When visiting the traffic police, first of all you need to find out whether the car is still registered in your name. If registered, then:

Terminate its registration in connection with the sale , if you have a purchase and sale agreement.
Stop registering it due to loss if there is no contract for some reason.

Deregistration in this case will be free and will not take much time.

Additionally, I recommend asking the traffic police to issue you a document (certificate) confirming that the car is not registered in your name. This applies to a situation where you do not have a contract with a sale date.

How to challenge tax on a sold car?

After all issues in the registration department have been resolved, you need to contact the tax office. You can do this:

Through the Internet.
On a personal visit.

First of all, I suggest trying to resolve the issue with incorrect accrual using your personal account. Well, if this doesn’t work out, then you’ll have to go to an appointment with the inspectorate.

1. Scan the sales contract confirming the date of sale of the car. If there is no agreement, then make a copy of the traffic police certificate confirming the date of termination of registration.

2. Go to the taxpayer’s personal account:
https://lkfl.nalog.ru

3. Go to the section for filing appeals:
Taxpayer documents – Contact the tax authority – Free-form appeal

4. Fill out the application form.

The content of the appeal may look like this:

I received a notice of the need to pay transport tax for 2016 for a Renault SR car, registration plate A123AA 777. However, this car was sold by me to Petrov Petrovich on 10/12/2015. I am enclosing a copy of the purchase and sale agreement dated 10/12/2015.

Please look into the situation and recalculate the transport tax for 2016.

If you do not have a document confirming the sale of the car, then the appeal can be written as follows:

I received a notice of the need to pay transport tax for 2016 for a Renault SR car, registration plate A123AA 777. However, I sold this car in 2013. I am attaching to my application a copy of the traffic police certificate confirming that the car has not been registered in my name since 05/02/2013.

Please look into the situation and recalculate the transport tax for 2016.

Unfortunately, in practice, a situation may arise that it was not possible to find a document confirming the date of sale of the car. In this case, taxes for previous years will have to be paid. However, even in this case, you need to contact both the traffic police and the tax office. The sooner this is done, the sooner incorrect tax assessments will stop.

What to do if the car seller receives a tax?

Selling a car is a procedure that involves the participation of several parties. It can go through calmly, without problems, but often causes difficulties. The owner (indicated in the car passport) informs the tax office that the car has been sold. Upon signing the contract, the vehicle is registered in the name of the buyer. The notification to the Tax Office is sent by traffic police officers. But there are often cases when the person who sold the car receives taxes. Do I need to send a notice or fill out a declaration?

Have you received tax on the car you sold?

A law clearly defining the process of vehicle registration was released in 2013. Now the car seller just needs to draw up and sign an agreement, accept payment and hand over the keys to the new owner. The latter is given 10 days to re-register the car. After this procedure, the vehicle is no longer registered with the previous owner.

If the person who sold the car receives taxes, this can happen for several reasons. The most common is that legally the old owner still has it, so all claims are sent to him.

Sometimes the receipt may arrive a year after the transaction was completed. Then, look at the amount. Are you charged less than normal? There is no reason to worry. Taxes are assessed annually. This means your last tax payment this year will be in the months before the sale.

But what if you sold the car, but taxes are due for several years in a row?

Who is guilty?

Usually, the seller and the buyer are to blame. The most common problem is that the latter did not go through the re-registration process. The old owner has all payment obligations.

If a person sells a car but receives taxes, the buyer is to blame.

The presence of the previous owner when deregistering a car is not necessary. All he needs to do is sign the contract, hand over the documents with the keys and receive the money. But taxes will be sent to him if the buyer does not take care of re-registration within 10 days.

To clarify the question, ask the traffic police for an extract of the cars that are registered with you. Found a long-sold vehicle? Contact the buyer urgently! No opportunity? Put your car on the wanted list. He will be arrested and sent to a penalty area. Then the new owner will appear. Demand that he pay the tax or reimburse the amount spent on state duties, and re-register the car.

Ignoring taxes is a reason for bailiffs to be interested in you. You should not transfer the car by proxy. It only implies the right to use a vehicle. The owner does not change.

According to the law of the Russian Federation, there is no concept of “sale by proxy”. The sale implies the transfer of the car into full ownership.

Structures are to blame

The problem can also occur due to an oversight by the traffic police. They may not send information about the re-registration of the car to the Federal Tax Service or fail to enter information into the database in a timely manner. To re-register, it is enough to present a copy of the vehicle’s passport and the purchase and sale agreement.

Tax authorities often make mistakes. If you are sure that the buyer has completed the re-registration procedure, or the date on the receipt does not correspond to the period of use of the vehicle, write a request for recalculation. You must present a copy of the purchase and sale agreement.

Tax officials may send payment notices for a period when the property was no longer yours. They are guided by the address written in the vehicle passport. Check if it matches the current one.

How to solve a problem?

If the car has been sold, but tax notices continue to arrive, you need to take action. Otherwise, you will have to pay, or later face penalties for tax evasion.

You can challenge an illegal demand at the MREO of the State Traffic Safety Inspectorate or the tax office. If the notice was sent in error, contact the appropriate service to correct the information.

If the buyer is at fault for not re-registering the car:

Call and demand that the situation be resolved;
Does not help? Write to the traffic police an application for disposal, or put the car on the wanted list to obtain grounds for deregistration. After submitting an application for disposal, the vehicle is unfit for use.
Break the contract. The law allows this unilaterally if one of the parties evades its responsibilities. Cancellation of the contract will cause the buyer to pay tax. The seller must return the money and may additionally go to court.
The most difficult thing is to challenge the duty through the courts. This process requires collecting documents to prove your case. Tax authorities and traffic police officers will participate in the case. Then the new owner is recognized as the payer from the moment of re-registration.

If the re-registration procedure has been completed:

take a certificate confirming this fact from the traffic police - it is needed for the tax office;
write a statement with information about the new owner and a copy of the purchase and sale agreement.

Regardless of the chosen solution to the problem, immediately deal with dishonest buyers.

What happens if you don't pay tax?

Ignoring payments is not an option, as you will only complicate the situation. Failure to respond will be a valid reason for initiating a criminal case. The following punishment is provided for the violator:

recovery of 30% of salary;
blocking of accounts;
ban on traveling abroad.

The accumulated statements will automatically transfer the violator to the ranks of malicious tax evaders. The case will go to court, and it will be impossible to resolve the issue peacefully. You will have to spend a lot of time and money to prove your case and collect information.

The Tax Code limits the time for sending notifications for transport tax - no more than 3 periods preceding the year of sending.

Tax officials never refuse the opportunity to collect duties.

The time for sending payment documents is as follows:

three months after discovery of a late payment (from 500 rubles);
one year after determining the fact of non-payment (up to 500 rubles).

The deadline for repaying the debt is 8 days from the date of receipt of the notice.

The following deadlines have been established for tax authorities to go to court:

6 months after expiration of the validity period, if the overdue amount is more than 3 thousand rubles;
three years, if the amount of debt is less than 3 thousand rubles.

If the debt increases, from the moment it is exceeded, the six-month rule will come into effect.

Return of transport tax

To get a refund of paid tax, you need to:

obtain a certificate from the traffic police;
submit an application to the tax office.

In a sale by proxy, the owner and taxpayer are the registered person. After payment, find the buyer to demand collection of the amount from him.

Then, at the traffic police, after submitting the contract, initiate the process of re-registration of the car. After these steps, the return of the duty will not take much time.

The recipient of the notifications should not simply ignore them. Having received the tax on the sold car, immediately begin to solve the problem, because you only have a month to pay the amount. A timely appeal to the appropriate authorities will help you defend your rights.

When selling a car, do not be lazy to fill out a full package of documents. Make sure that within 10 days after signing the contract, the new owner has completed the re-registration procedure. Follow the law and don't take risks by making a proxy sale.

The car is sold, but taxes are due, what should I do?

Every citizen who has purchased a vehicle and registered it in his name with the traffic police is required to pay car tax. This is evidenced by Article No. 357 of the Tax Code of the Russian Federation. When selling a car to another person, the vehicle must be re-registered through the State Traffic Inspectorate, otherwise the car will be registered with the former owner and tax will be due on the car sold. Not all buyers immediately go to the traffic police and deal with this issue.

Why is there a tax on a sold car?

The fact is that the transaction is considered completed when the purchase and sale agreement is signed and the money is transferred for the vehicle. Such documents are not subject to registration through Rosrestr, so the Federal Tax Service cannot independently find out about the change of owner. If the buyer is dishonest or for some reason does not re-register the car, then the previous owner will remain the owner in the tax base.

Some motorists take out insurance and are present when the buyer re-registers the car. The main reasons that the sold vehicle continues to be registered with the previous owner and tax is due on the sold car:

The new owner did not re-register.
The alienation of property was not registered in the tax service database due to an error by a tax service employee.
The car purchase and sale transaction was carried out with violations or the contract was drawn up incorrectly. The buyer may encounter this problem. Traffic police inspectors carefully check all documentation before registration.
Traffic police inspector's mistake. Careless employees may not make changes to the database or do so not according to the rules; as a result, the citizen will receive tax on the car sold.

Despite the fact that the buyer is obliged to re-register the car within ten days after the transaction with the seller (Order of the Ministry of Internal Affairs No. 605 of 08/07/2013), not everyone follows this rule. Therefore, to make sure that the car is registered with the former owner, you can order an extract from the traffic police, which will indicate all the funds belonging to the citizen. If the seller is sure that the new owner has carried out the re-registration, then it is worth filing a claim with the traffic police or the Federal Tax Service. The complaint can be submitted in person or via the Internet.

Sometimes citizens confuse transport tax on a sold car with income tax. It can come to the citizen after the sale of the vehicle, if the car has been owned by the person for less than three years, the sales price in the contract is more than 250 thousand rubles and it is higher than the original purchase price. This is stated in Article No. 217 of the Tax Code of the Russian Federation.

Car sales tax law

The Tax Code states that every citizen is required to pay tax on car ownership. Chapter No. 28 of the Tax Code of the Russian Federation does not establish exemptions for the payment of transport tax, but Article No. 356 of the Tax Code of the Russian Federation allows at the regional level to exempt citizens of certain categories from the tax. Exceptions include beneficiaries and pensioners. This is evidenced by Article No. 217.1 of the Tax Code of the Russian Federation. Tax withholdings depend on the following items:

Vehicle ownership period.
Owner's nationality.
Price.

The tax on the sale of a car for a Russian citizen is 13%, provided that it was owned by the owner for less than three years. There are options to reduce this payment. If the contract states that the sale price is lower than the original purchase price or is less than 250,000 rubles, then a reduction in income by the amount of expenses is provided.

What to do if you receive tax on a sold car?

There are several options to understand the current situation if the tax has arrived on a sold car:

Get advice via the hotline from Federal Tax Service employees. It works around the clock, and you can contact the operator by phone: 8-800-222-22-22. The civil servant will require you to provide the resolution number and passport details, and then inform you on the issue.
Personal application to the tax authority at your place of residence. The exact address can also be found through the hotline.
Request justification from the traffic police MREO.

Having received a letter with tax on a sold car from the tax service, you should read it carefully: check your data and information about the vehicle. Sometimes it happens that a notification is sent by mistake. Human error or system failure may play a role. If it becomes known through the operator of the Federal Tax Service or a traffic police officer that the seller has not properly registered the purchased vehicle, you need to make attempts to contact him or independently carry out the procedure for deregistering the car through the State Traffic Inspectorate.

If the traffic police confirmed that the car has been re-registered, then you need to look for the reason for charging the tax on the sold car elsewhere. The next authority for proceedings is the Federal Tax Service. Let's consider a step-by-step algorithm for the applicant's actions:

Prepare in advance the necessary package of documentation: a passport, a sales contract and a certificate from the MREO stating that the owner of the car has been changed.
A statement is written to the tax authority. It must indicate information about the concluded transaction and information about the person who now owns this vehicle. The application is written on a form and an agreement is attached to it confirming that the purchase and sale has taken place.
The inspector is obliged to record the paper in the journal and send it to a special department, where they will recalculate.

The situation is not always resolved so simply. Sometimes the story can be so complicated that a trial cannot be avoided. The financial costs of this process can be included in the statement of claim. The accrued tax on a sold car can be found on the State Services portal if the person has a verified account on this resource.

How to challenge the tax on a sold car through the tax website?

You will have to challenge every tax notice for a sold car, if there were several of them. You can do this in three ways:

Personal visit to the Federal Tax Service at your place of residence.
Via Russian Post by registered mail.
Remotely, through the tax service portal.

The first two methods will require personal presence and a waste of time, so many have long been solving problems with government departments via the Internet. The Federal Tax Service has its own official resource through which you can appeal a decision on an erroneously calculated tax for a sold car. You need to prepare a scan of the vehicle sales agreement or a certificate from the traffic police.

Algorithm of step-by-step actions:

You need to visit the Federal Tax Service website at the link lkfl.nalog.ru and register in your personal account.
Message creation stage. To do this, on the main page you need to go to the “Electronic Services” tab – “Apply to the Federal Tax Service of Russia” – “Create an appeal”.
In the tab that opens, you need to enter your data, describe the cause of the problem and upload screenshots or scans of documentation.

After the application is reviewed by the employee, the citizen will receive a notification by mail. It will inform you of the decision made. Most often it is positive and the inspector reports that the incorrectly calculated tax on the sold car will be recalculated. There are times when you have to go to court. The applicant must contact the authority at the place of residence:

A statement is being written.
Attached is a package of documentation.
A printed email is provided stating that the Federal Tax Service has refused the application.

You must provide not only your details, but also correct information about the judicial authority. The application specifies the legal norms and grounds.

How to independently deregister a car after sale?

The algorithm in this case is as follows:

First you need to try to contact the buyer and demand that he re-register the car.
If it was not possible to contact or the conversation did not produce results, then it is worth visiting the MREO. To save your time, you can pre-make an appointment on the State Services portal.
Provide the traffic police officer with documents: purchase and sale agreement and passport.
To write an application.

The traffic police officer is provided with a car purchase and sale agreement, which confirms that the car has been transferred to the new owner. The inspector will immediately look at the database and make sure that the car has not been re-registered. This is what will give grounds for deregistration.

In this case, the tax on the sold car will not go away and will have to be paid. If the current owner admits his guilt, then you can offer him to pay a receipt from the tax service.

How to independently deregister a car after selling it through State Services?

This operation can be carried out much faster through the state portal. It is important to understand that a person must be registered on the State Services resource. Moreover, after registration, you will need to confirm your identity through the passport office or any branch of the MFC. Then you can follow simple instructions:

Log in and find the “transport and driving” tab.
Select the “vehicle registration” tab.
Click on the “deregistration” icon.
Selecting a service. In case of deregistration of a car that has already been sold, you need to select the last position. Next, the system will require you to familiarize yourself with the information section. Then you need to click on the “get service” button. In the blank form you need to enter your data, existing data on the vehicle, and select the MREO at your place of registration. The application contains information about the vehicle and the person who wishes to carry out the deregistration procedure.

The last step is to select the MREO and the date of visit where the procedure will be completed.

After writing the application, you need to press the “send” button. After this, you just have to wait for the staff to respond. It will come in the form of an email to your mail or personal account.

Sometimes even the simplest transaction can later turn into a real headache with financial costs and wasted time. Let's consider one of the problematic situations and highlight the nuances:

The citizen sold the car and moved to another city. He learned that the car was still registered to him only three years later, when the tax on the sold car came and the bill for payment already exceeded 10,000 rubles. He was unable to contact the buyer, so he contacted the traffic police. The car was deregistered, but the tax authorities refused to cancel the payments, the debt did not disappear, and it had to be paid.
The car was transferred to another person by proxy. In this case, the buyer does not have to re-register the vehicle. He can easily use it all his life, but not own it. In this case, I had to apply for a search for the car and terminate the contract. The tax amount had to be demanded from the negligent buyer through the court.

When independently deregistering a vehicle, the seller will have to pay the state fee himself.

Conclusion

To avoid unpleasant situations during the sale of a vehicle, it is better for the seller to play it safe and insist on the re-registration procedure immediately after signing the contract. It is better to spend time and participate in this process, otherwise after a while you may receive a letter from the Federal Tax Service about an unpaid tax bill for a sold car.

What to do with the transport tax on a previously sold car?

What to do if you receive transport tax on a sold car, how to report it, do you need to notify the tax service and submit a declaration, reporting methods, how much to pay ? And is it possible to reduce it or even not pay at all ?

According to the law of the Russian Federation, the owner is obliged to notify the tax authorities about the sale of the car. That is, the one whose name is indicated in the car’s passport. A sales contract is concluded and a copy is given to the seller and the buyer. After this, the new owner deregisters the car and registers it in his name. The tax service is notified of this by the traffic police.

But it happens that the previous owner has long sold his “horse”, but the transport tax on the car still comes. This happens for exactly one reason : de jure the owner remains the same, since all claims regarding the car are addressed to him.

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 selling the car for several reasons.

First of all, it is worth remembering that the tax is paid in the current year for the previous year . Do not rush to blame tax officials and traffic cops for a mistake. If you sold a car in January 2015, you will receive a transport tax notice twice more ( and will be required to pay it! ): for 2014 - before October 1, 2015 and for the month of owning the car in 2015 - before 1 October 2016.

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 TN, 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 identified it and sent you a notification for previous years. In this case, the notice may contain information about the need to pay tax for three previous tax periods, no more (clause 3 of Article 363 of the Tax Code of the Russian Federation).
The fault of the State Traffic Inspectorate . The registration authorities of the MREO STSI could also make a mistake when entering data about the new owner into the database, or when transferring information about the owners of vehicles to the tax service. In such a situation, the Federal Tax Service will assess transport tax based on available information, which is already outdated, and the previous owner of the car will receive another notification.

But there are situations when problems with determining the payer of the TN are caused not by the actions of regulatory authorities, but by the car owners themselves:

The seller is to blame - the former owner of the car. The car owner who creates problems for himself with his own hands is the one who formalizes the purchase and sale transaction not with an agreement, but transfers the vehicle by proxy . It does not matter what type of power of attorney is issued - general, with the right to resell or simply to drive a car, whether it is certified by a notary or not - there is no change of owner . Therefore, the previous owner continues to act as a payer of transport tax and will continue to receive notification of its payment.
The fault lies with the buyer – the new owner of the car. According to the new rules, it is not necessary to deregister the car during a transaction to change ownership; the seller may not appear at the traffic police office at all, but simply transfer all the documents for the car to the buyer and sign a purchase and sale agreement. In this case, the buyer has the obligation to register the vehicle in his name by visiting the MREO within 10 days from the date of the transaction. A new car owner may not comply with this legal requirement and may not re-register the vehicle in his name, while the former owner will remain in the status of a taxpayer for this regional fiscal levy.

What should you remember if you decide to arrange the transfer of a car into someone else’s possession in this way and thereby save yourself from unnecessary hassle? In the legislation of the Russian Federation there is no such concept at all - “sell by proxy” . The sale implies the transfer of ownership of the thing, and a power of attorney allows you to use it.

That is why you absolutely cannot trust a car to a person about whom there is even a drop of doubt.

How to solve the problem with a technical specification for a car that has already been sold?

The car owner who sold the vehicle and received another notice for the period after the transaction was concluded will need to correct this misunderstanding. Otherwise, ignoring notices from the Federal Tax Service may result in penalties for tax evasion.

You need to understand what caused the TN notice to be sent to you. If necessary (tax for past periods), pay it, or transfer the notice to the new owner, who uses the car by proxy.

If the demand arose illegally, you must contact the tax service and the MREO to justify your refusal to pay tax on the car sold. When the notification was sent by mistake of these authorities, you need to write a statement to both the Federal Tax Service and the State Traffic Safety Inspectorate with a request to bring everything into compliance.

But you need to get rid of your own mistakes when concluding a deal in a different way. Unpleasant surprises when selling a vehicle under a purchase and sale agreement 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 has been re-registered to the new owner or is still registered with him.

It’s good when you can get through to the new owner - then you should ask him to register the car. However, it is not a fact that beliefs will work. You can then contact the traffic police with a request to search for the car or to dispose of it.

The seller’s actions should be aimed at deregistering the car in his name after the transaction. Since the buyer is in no hurry to comply with the requirements of the law and register it in his name, he needs to write an application for recycling or submit a car theft in order to obtain grounds for deregistering the car that was sold.

However, the accrued transport tax will not disappear on its own - it will have to be paid to the previous owner one way or another. That is why in such a situation you should definitely contact a competent car lawyer or take up the task of restoring justice yourself.

Let's say the car was re-registered. You need to do the following :

from the traffic police you need to get 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 indicating the date of the transaction and information about the new owner;
A copy of the purchase and sale agreement must be attached to the application. There must be signatures of the parties, the date, the amount for which the car was sold.

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