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Sell Car | not taxed for this month. Liable 1 months tax?

  • 03-10-2013 2:57pm
    #1
    Registered Users, Registered Users 2 Posts: 477 ✭✭


    Car tax was due for renewal 30/09/13.

    If i dont use the car it this month and sell it in November:

    A) Will i be liable for one months tax?

    B) Should i have signed it off the road in-advance for 1-3months?


Comments

  • Registered Users, Registered Users 2 Posts: 752 ✭✭✭TheBigGreen


    askU wrote: »
    A) Will i be liable for one months tax?

    YES


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    If you didn't declare the car off-road BEFORE 30/9, then:

    1. Yes.
    2. Yes.


  • Registered Users, Registered Users 2 Posts: 477 ✭✭askU


    If its changed into sellers name on 1st November. The buyer will tax it in his name from then.
    Who is going to send me a bill for 1 months tax?


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Motor Tax will.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    askU wrote: »
    Car tax was due for renewal 30/09/13.

    If i dont use the car it this month and sell it in November:

    A) Will i be liable for one months tax?
    No.
    B) Should i have signed it off the road in-advance for 1-3months?
    You could have, but if you are not going to tax the car yourself ever again, but sell it, there was no point.


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  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    askU wrote: »
    If its changed into sellers name on 1st November. The buyer will tax it in his name from then.
    Who is going to send me a bill for 1 months tax?

    No one will send you any bills.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    Motor Tax will.

    Any source?


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    YES
    If you didn't declare the car off-road BEFORE 30/9, then:

    1. Yes.
    2. Yes.

    Both incorrect.


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    Motor Tax will.

    No they won't


  • Registered Users, Registered Users 2 Posts: 8,480 ✭✭✭YbFocus


    If your keeping it off the road do so and then when you sell it, whenever that may be, the tax will be written off.
    pure nonsense was being spoken earlier in this thread!


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  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    YbFocus wrote: »
    If your keeping it off the road do so and then when you sell it, whenever that may be, the tax will be written off.
    pure nonsense was being spoken earlier in this thread!

    Source??

    From reading the recent thread on the car tax law change, if the owner does NOT declare the car off the road in advance, then the tax becomes due and owing.

    Please share how this will be achieved, and why you seem to think the tax will be written off. What is the point of the law change if the Government stand to lose money writing off tax?


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    Source??
    http://www.irishstatutebook.ie/2013/en/act/pub/0016/print.html

    All is included in this amendments to Finance (No.2) Act 1992.


    From reading the recent thread on the car tax law change, if the owner does NOT declare the car off the road in advance, then the tax becomes due and owing.
    No.
    Tax unpaid in period when car was not declared off the road, becomes due in form of arrears, at the moment of taxing the vehicle.
    Until you go to tax your vehicle, you are not due to pay anything.


    Please share how this will be achieved, and why you seem to think the tax will be written off. What is the point of the law change if the Government stand to lose money writing off tax?

    Ask government about that.


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    If the car changes owner then the new or old owner aren't liable for arrears.

    The new owner because they didn't own the car during that period
    The old owner because they aren't taxing it.

    The only thing that's changing in this instance is that the guards won't stamp an rf100 so that you (as the current owner) can dodge arrears. This wasn't necessary before in the instance where the car changed owner and it hasn't changed in that respect.


  • Registered Users, Registered Users 2 Posts: 477 ✭✭askU


    CiniO wrote: »
    Until you go to tax your vehicle, you are not due to pay anything.

    That answers my question.

    any proof of that in the legislation?


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    askU wrote: »
    That answers my question.

    any proof of that in the legislation?
    (b) Where an application for a licence under section 1 of the Act of 1952 is made to a licensing authority

    (i) in relation to a vehicle not previously the subject of such a licence, in a month other than the month in which the vehicle is entered on the register,

    (ii) more than one month after the expiration of, in relation to a vehicle, as the case may be—

    (I) the most recent licence taken out under section 1 of the Act of 1952, or

    (II) the period specified in the most recent non-use declaration accepted by a licensing authority,

    or

    (iii) where a transfer of ownership of a vehicle has taken place, in a month other than the month in which the ownership is transferred,

    the owner of the vehicle, in respect of each month of the period of arrears, shall be liable to pay to the licensing authority concerned an additional charge as well as the duty of excise, charged and levied on a vehicle under section 1 of the Act of 1952 and payable on a licence under that section of that Act, and the licensing authority shall not grant the licence unless the additional charge and duty of excise is paid.

    That actually means that you have to pay any due arrears when you are taxing the car.

    For anyone to prove that arrears can be demanded by motortax office just like that after selling the vehicle, there would have to be any grounds in Law for doing so.
    IMHO there isn't.
    If anyone thinks otherwise than me, I'd be very happy to see part of legislation allowing them to charge arrears in any other case then taxing the vehicle.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Ah well. Where there's a law, there's a loophole...

    Absolutely ridiculous. Why would the tax be written off??


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    Ah well. Where there's a law, there's a loophole...

    Absolutely ridiculous. Why would the tax be written off??

    It's not really written off.
    The law was always like that. If you wanted to tax a vehicle which wasn't taxed for a while, you had to pay arrears (or declare that car was not used in public place).
    Only thing that changed, is that now declaration must be made beforehand.
    But nothing else changed really.

    So tax isn't really written off - it just never was due to be paid, except in case of taxing the vehicle by the same owner.


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    Ah well. Where there's a law, there's a loophole...

    Absolutely ridiculous. Why would the tax be written off??

    Why wouldn't it be? The rf150 is an administration process for people who have a car that they intend to tax in the future. There are people who have cars that they don't intend to tax in the future.
    The new law will make it harder to do "3 months on, 2 months off" as a lot of people used to.
    That's on the assumption that gardai will be tough on people who complete a SORD and actually drive without tax.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    colm_mcm wrote: »
    That's on the assumption that gardai will be tough on people who complete a SORD and actually drive without tax.

    That's a very good subject.
    Anyone knows what the fine will be if someone is caught?


  • Registered Users, Registered Users 2 Posts: 477 ✭✭askU


    colm_mcm wrote: »
    complete a SORD and actually drive without tax.

    Explain what SORD is


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  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    askU wrote: »
    Explain what SORD is

    Sworn off road declaration


  • Registered Users, Registered Users 2 Posts: 477 ✭✭askU


    So from above:

    If someone doesn't tax their car for say 2 or 3 months and didn't declare it off the road inadvance...

    If they sell the car then the new owner can tax it from then on without paying arrears


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    askU wrote: »
    So from above:

    If someone doesn't tax their car for say 2 or 3 months...

    1) all they have to do is to transfer / change the ownership of the car over to a family member...

    2) then tax it from then on without paying arrears

    3) then transfer it back into their own name.

    Indeed. This has always been the case.


  • Registered Users, Registered Users 2 Posts: 477 ✭✭askU


    Thanks too all for yer answers.


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    colm_mcm wrote: »
    Indeed. This has always been the case.

    but for how much longer?


  • Registered Users, Registered Users 2 Posts: 431 ✭✭Manuel


    Hi.
    A buddy of mine is out foreign and has now decided he's staying.
    The tax on his car has expired, and he wants me to put it up for sale.
    Is there provision for prospective buyers to test drive it on the road legally with no tax, as it is a private sale? I guess Car Dealerships are exempt, but what about private sellers?
    Thanks a million.
    /M.


  • Registered Users, Registered Users 2 Posts: 51,363 ✭✭✭✭bazz26


    No provision in place that I am aware of.


  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    Motor Tax will.
    No they wont!


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