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Selling a car with expired tax

  • 18-10-2014 8:10am
    #1
    caycro
    Registered Users, Registered Users 2 Posts: 261 ✭✭


    I'm looking to sell a car with expired NCT and no road tax for 18 months. It was not declared off the road. I downloaded the tax form from motortax.ie and it implied that the previous owner paid back tax and the new owner owed going forward (separate sections for previous and new owners, looked like a change in the form to my unseasoned eye) Can anyone advise if this 'loophole' has been closed or can I still sell the car without paying or owing any road tax? Thanks !
    Tagged:


Comments

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


    New owner pays tax from when they're the owner. Nobody chases you for back tax


  • #3
    caycro
    Registered Users, Registered Users 2 Posts: 261 ✭✭caycro


    I'm selling for an elderly relative and this newer form looks more geared to requiring back tax. Is it just 'normal practice that they don't chase or is it the law that it's not payable? Sorry for the follow up, wouldn't care if it was my own !!


  • #4
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    caycro wrote: »
    I'm selling for an elderly relative and this newer form looks more geared to requiring back tax. Is it just 'normal practice that they don't chase or is it the law that it's not payable? Sorry for the follow up, wouldn't care if it was my own !!
    It's all above board and legal. The law as it currently stands means that when you transfer registered ownership of a vehicle to another person the motor tax slate is wiped clean regardless of whether the vehicle was declared off road or not. The previous owner is not required to settle any arrears before transfer and will not be liable after transfer. Likewise, the new owner is not liable for previous arrears and is only liable from the month ownership was transferred.


  • #5
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    slimjimmc wrote: »
    It's all above board and legal. The law as it currently stands means that when you transfer registered ownership of a vehicle to another person the motor tax slate is wiped clean regardless of whether the vehicle was declared off road or not. The previous owner is not required to settle any arrears before transfer and will not be liable after transfer. Likewise, the new owner is not liable for previous arrears and is only liable from the month ownership was transferred.

    of course the Morality of it is another matter. If the vehicle had been used on the road, the tax should be paid.


  • #6
    mgbgt1978
    Registered Users, Registered Users 2 Posts: 4,261 ✭✭✭mgbgt1978


    If........


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  • #7
    gman2k
    Registered Users, Registered Users 2 Posts: 4,076 ✭✭✭gman2k


    Can the new buyer of the car immediately declare it off the road? Or would he have to tax it first before declaring it off the road?


  • #8
    colm_mcm
    Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    They can declare to off the road straight away. They have a bit of time to do it (7 days after date on change of ownership possibly)


  • #9
    CiniO
    Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    colm_mcm wrote: »
    They can declare to off the road straight away. They have a bit of time to do it (7 days after date on change of ownership possibly)

    As far as I know it's ten days from from transaction (date when logbook was signed), which makes it pretty much impossible, as you need to have your new logbook to do this declaration, while you won't get your logbook that quick.
    Unless there's something I don't know.


  • #10
    caycro
    Registered Users, Registered Users 2 Posts: 261 ✭✭caycro


    corktina wrote: »
    of course the Morality of it is another matter. If the vehicle had been used on the road, the tax should be paid.

    There is no question of morality here .... the owner was in hospital for over a year and has now been transferred to a nursing home and will never drive again. The car has been sitting on the driveway for all that time, unmoved.


  • #11
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    CiniO wrote: »
    As far as I know it's ten days from from transaction (date when logbook was signed), which makes it pretty much impossible, as you need to have your new logbook to do this declaration, while you won't get your logbook that quick.
    Unless there's something I don't know.

    My last logbook came within 5 days when signing a car into my name.


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  • #12
    CiniO
    Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    Yawns wrote: »
    My last logbook came within 5 days when signing a car into my name.

    When was that?


  • #13
    JohnBoy26
    Registered Users, Registered Users 2 Posts: 8,532 ✭✭✭JohnBoy26


    CiniO wrote: »
    As far as I know it's ten days from from transaction (date when logbook was signed), which makes it pretty much impossible, as you need to have your new logbook to do this declaration, while you won't get your logbook that quick.
    Unless there's something I don't know.

    You don't. The ownership has to be transferred though. You can check that on here

    https://www.motortax.ie/PSE/start.do;jsessionid=0aa0114730d86610792b88ac4c688435cc446d07a9d5.e38PaNaSbh0RaO0MaxeMe0?page=welcome

    and when it's showing as been changed over you can make the declaration.


  • #14
    CiniO
    Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    JohnBoy26 wrote: »
    You don't. The ownership has to be transferred though. You can check that on here

    https://www.motortax.ie/PSE/start.do;jsessionid=0aa0114730d86610792b88ac4c688435cc446d07a9d5.e38PaNaSbh0RaO0MaxeMe0?page=welcome

    and when it's showing as been changed over you can make the declaration.

    What about "Registartion Certificate" numer on the RF150 form?
    I thought the only reason you couldn't declare it before logbook arrives is that you had to fill in this number from the logbook (which you couldn't have before you received your logbook).


  • #15
    JohnBoy26
    Registered Users, Registered Users 2 Posts: 8,532 ✭✭✭JohnBoy26


    CiniO wrote: »
    What about "Registartion Certificate" numer on the RF150 form?
    I thought the only reason you couldn't declare it before logbook arrives is that you had to fill in this number from the logbook (which you couldn't have before you received your logbook).

    You don't need to fill in that number.


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


    JohnBoy26 wrote: »
    You don't need to fill in that number.

    OK, so then what's stopping you from declaring newly purchased car off the road straight away? What's the point in waiting for transfer of ownership?


  • #17
    NC12
    Registered Users, Registered Users 2 Posts: 26 ✭NC12


    Almost sure that new owner can take logbook to tax office and they change ownership & declare off the road there & then. Iv brought log book the day iv bought a car & taxed it so I could drive it that day. No problems at all!


  • #18
    JohnBoy26
    Registered Users, Registered Users 2 Posts: 8,532 ✭✭✭JohnBoy26


    CiniO wrote: »
    OK, so then what's stopping you from declaring newly purchased car off the road straight away? What's the point in waiting for transfer of ownership?

    Well if the vehicle is still in the previous owners name and the tax is expired you won't be able to declare it off the road without back taxing it for the period of arrears + 3 months tax on top of that.


  • #19
    CiniO
    Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    JohnBoy26 wrote: »
    Well if the vehicle is still in the previous owners name and the tax is expired you won't be able to declare it off the road without back taxing it for the period of arrears + 3 months tax on top of that.

    That's true of course.

    But as new owner have 10 days from day of purchase to declare it off the road.
    If logbook number is not needed, you can fill in RF150 form straight away and post it to them with registered post.
    That way you just declared it off the road, and they can enter it into the system, when ownership is transferred. But they can't tell you that you didn't declare it within time frame limit of 10 days.

    But that's only assuming logbook number is really not needed.


  • #20
    JohnBoy26
    Registered Users, Registered Users 2 Posts: 8,532 ✭✭✭JohnBoy26


    CiniO wrote: »
    That's true of course.

    But as new owner have 10 days from day of purchase to declare it off the road.
    If logbook number is not needed, you can fill in RF150 form straight away and post it to them with registered post.
    That way you just declared it off the road, and they can enter it into the system, when ownership is transferred. But they can't tell you that you didn't declare it within time frame limit of 10 days.

    But that's only assuming logbook number is really not needed.

    I didn't need it when I declared my own car off the road. That was a year ago though.


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