Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Please note that it is not permitted to have referral links posted in your signature. Keep these links contained in the appropriate forum. Thank you.

https://www.boards.ie/discussion/2055940817/signature-rules
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Never declared car off road - being charged huge amount backtax. Can I do anything?

  • 03-11-2017 2:24am
    #1
    Closed Accounts Posts: 649 ✭✭✭


    Hi,

    Earlier in the year I had to hastily leave the country to care for a sick relative in Aus.

    I left in quite a hurry, and so never even thought to declare my car off the road. As such I have accumulated 7/8 months unpaid motor tax.

    I canceled my insurance for this period, and have just gotten it reinstated, but I have just found out that I now need to pay 7/8 months back-tax + a 3 month penalty to get my motor tax back in date? I was under the impression I could take it to a garda station and have them sign a form, but that appears to no longer be the case...

    Is there anything I can do here? I am kind of gutted that I am going to be ~400€ out of pocket for not ticking a box online a few months ago when my head wasnt in the right place ! It seems a tad unfair to be charged money for leaving a car parked!!

    Can anyone offer any advice?

    Thanks very much :)


«1

Comments

  • Registered Users, Registered Users 2 Posts: 23,077 ✭✭✭✭Esel
    Not Your Ornery Onager


    Sell it to a relative or good friend including transfer of ownership. End of back tax. Buy it back later.

    That's it in a nutshell.

    Search the Motors forum - lots of detail there.

    Not your ornery onager



  • Closed Accounts Posts: 1,288 ✭✭✭HonalD


    Jeebus wrote: »
    Is there anything I can do here? I am kind of gutted that I am going to be ~400€ out of pocket for not ticking a box online a few months ago when my head wasnt in the right place ! It seems a tad unfair to be charged money for leaving a car parked!!

    Yes you can dodge paying a legitimate tax and at the same time complain that the current legislation is unfair. Or you can take responsibility for your actions and pay.
    Thankfully for you, it's a free society so the choice is yours.


  • Registered Users, Registered Users 2 Posts: 71,142 ✭✭✭✭L1011


    Esel wrote: »
    Sell it to a relative or good friend including transfer of ownership. End of back tax. Buy it back later.

    That's it in a nutshell.

    Search the Motors forum - lots of detail there.

    Adding 2 extra owners in the process, possibly devaluing the car more than the tax cost. Do it a few times and you've got an unsaleable lump.


  • Registered Users, Registered Users 2 Posts: 14,347 ✭✭✭✭Grayditch


    HonalD wrote: »
    Yes you can dodge paying a legitimate tax and at the same time complain that the current legislation is unfair. Or you can take responsibility for your actions and pay.
    Thankfully for you, it's a free society so the choice is yours.

    Jaysus.


  • Closed Accounts Posts: 649 ✭✭✭Jeebus


    Esel wrote: »
    Sell it to a relative or good friend including transfer of ownership. End of back tax. Buy it back later.

    That's it in a nutshell.

    Search the Motors forum - lots of detail there.

    I was hoping to avoid this, but thank you very much for your legitimate and helpful reply :)
    L1011 wrote: »
    Adding 2 extra owners in the process, possibly devaluing the car more than the tax cost. Do it a few times and you've got an unsaleable lump.

    She's already an unsaleable lump! :D I just got off the phone with the tax office and it's sorted give my circumstances - dying relative and hasty exit of the country.
    Grayditch wrote: »
    Jaysus.

    I know, hard to stomach these types of people isn't it? All we can do is be thankful that we don't have to live out the rest of our lives with an outlook as grim as this man ! His post honestly made me feel really thankful that the majority of people surrounding me in life are poles apart from this nonsensical, inane half-wit :).

    The worst we have to suffer is him occasionally giving his unwanted, uneducated opinion in threads like this - or I'd wager when he goes around canvassing pre-election (seems like the type).

    He has to live with his bleak, sad, holier-than-thou attitude, and a puerile, witless voice inside of his head, for the rest of his life.

    We get to stop hearing it right now.
    HonalD wrote: »
    Yes you can dodge paying a legitimate tax and at the same time complain that the current legislation is unfair. Or you can take responsibility for your actions and pay.
    Thankfully for you, it's a free society so the choice is yours.

    Your reply is not in the least bit helpful, Donal. It's extremely rude, condescending and doesn't actually answer my question at all. Are you a politician, a troll, or both? :DI'm not sure a tax is legitimate if you don't use a car, because you leave a country (and your car) to care for a dying relative - but I suppose you don't care about the facts since you're only here to troll.

    You would do better in life to change your attitude, because you'll blink and very quickly find you've wasted all your days if you continue on with this dreary outlook :).




    Thanks everyone else for the help, I've called the motor tax office and explained my situation. They let me off the bill because they have a bit of compassion for somebody who left the country for a dying relative - unlike the deluded poster above :D .


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia




  • Closed Accounts Posts: 649 ✭✭✭Jeebus



    Yes, I was. As I mentioned in my thread, I went there to care for a sick relative.


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester



    Brilliant.


  • Registered Users, Registered Users 2 Posts: 5,093 ✭✭✭Rubberchikken


    I think HonalD had a point.
    Also Op remembered the insurance. Why not the tax too?
    And then when confronted with arrears wants to find out how to not pay.


  • Registered Users, Registered Users 2 Posts: 2,963 ✭✭✭Van.Bosch



    Bravo - pity the motor tax office weren’t as smart.


  • Advertisement
  • Closed Accounts Posts: 649 ✭✭✭Jeebus


    I think HonalD had a point.
    Also Op remembered the insurance. Why not the tax too?
    And then when confronted with arrears wants to find out how to not pay.

    Because there was an earlier system where you could simply show a guard proof that you had left the country and it would be enough to prove your car was off the road - which it was.

    The car was unused, on private property, for the duration of my time away - so it seems fair to me that I shouldn't need to pay this tax.

    At any rate, it is sorted now.


  • Closed Accounts Posts: 649 ✭✭✭Jeebus


    Van.Bosch wrote: »
    Bravo - pity the motor tax office weren’t as smart.

    Not sure what the witch-hunt is here - I mention in all of my posts that this is why I left the country?


  • Closed Accounts Posts: 13,687 ✭✭✭✭jack presley


    Jeebus wrote: »
    Not sure what the witch-hunt is here - I mention in all of my posts that this is why I left the country?

    You said in your original post you went to the US not Australia.


  • Closed Accounts Posts: 649 ✭✭✭Jeebus


    You said in your original post you went to the US not Australia.

    Ah, cheers for pointing this out. It has been edited, currently planning a trip there so my mind was in two places.


  • Registered Users, Registered Users 2 Posts: 202 ✭✭3putt


    lol Caught by the bo**ox .


  • Registered Users, Registered Users 2 Posts: 8,359 ✭✭✭realdanbreen


    You said in your original post you went to the US not Australia.
    :D


  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    Jeebus wrote:
    Because there was an earlier system where you could simply show a guard proof that you had left the country and it would be enough to prove your car was off the road - which it was.

    There was no system like that. There was one where you could about teaching your car very easily and simply go into any Garda station and ask the Garda on duty to sign your off road form.

    They had to change the system to accommodate the need for Gardai to register breathalyser checks.


  • Closed Accounts Posts: 13,687 ✭✭✭✭jack presley


    3putt wrote: »
    lol Caught by the bo**ox .

    Yep. Aussie trip doesn’t sound like it was hastily planned to go visit a relative.


  • Registered Users, Registered Users 2 Posts: 19,101 ✭✭✭✭Del2005


    There was no system like that. There was one where you could about teaching your car very easily and simply go into any Garda station and ask the Garda on duty to sign your off road form.

    They had to change the system to accommodate the need for Gardai to register breathalyser checks.

    Not correct. All the Garda was doing was witnessing your signature on a statutory declaration that you hadn't used the vehicle. The outright abuse of the system was why they went for a pre declaration.


  • Registered Users, Registered Users 2 Posts: 16,105 ✭✭✭✭elperello


    What I have learned from this thread is that there is some unofficial system whereby you make a case to the tax office and they write off arrears.
    The folks over on Motors who are experts in this type of stuff are convinced that the "sell to a relative" loophole is the way to go.

    OP did the tax office ask for any back up documentation or just take your word?


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,586 ✭✭✭Ginger83




  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Its because people abuse it like the op it will be stopped for genuine cases.

    Op you have been caught out so stop digging an even bigger hole.

    You asked 8 months ago about getting a visa to travel no mention of sick relatives.

    You forgot to sort tax but your plan has worked.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,878 CMod ✭✭✭✭magicbastarder


    Jeebus wrote: »
    I was hoping to avoid this, but thank you very much for your legitimate and helpful reply :)

    She's already an unsaleable lump! :D I just got off the phone with the tax office and it's sorted give my circumstances - dying relative and hasty exit of the country.

    I know, hard to stomach these types of people isn't it? All we can do is be thankful that we don't have to live out the rest of our lives with an outlook as grim as this man ! His post honestly made me feel really thankful that the majority of people surrounding me in life are poles apart from this nonsensical, inane half-wit :).

    The worst we have to suffer is him occasionally giving his unwanted, uneducated opinion in threads like this - or I'd wager when he goes around canvassing pre-election (seems like the type).

    He has to live with his bleak, sad, holier-than-thou attitude, and a puerile, witless voice inside of his head, for the rest of his life.

    We get to stop hearing it right now.

    Your reply is not in the least bit helpful, Donal. It's extremely rude, condescending and doesn't actually answer my question at all. Are you a politician, a troll, or both? :DI'm not sure a tax is legitimate if you don't use a car, because you leave a country (and your car) to care for a dying relative - but I suppose you don't care about the facts since you're only here to troll.

    You would do better in life to change your attitude, because you'll blink and very quickly find you've wasted all your days if you continue on with this dreary outlook :).

    Thanks everyone else for the help, I've called the motor tax office and explained my situation. They let me off the bill because they have a bit of compassion for somebody who left the country for a dying relative - unlike the deluded poster above :D .
    there was a whiff of 'methinks the lady doth protesteth too much' off this post.


  • Registered Users, Registered Users 2 Posts: 2,549 ✭✭✭jcd5971


    I felt sorry for the op

    But what an ass hole, to lie about a dying relative just to get out of a bit of tax..

    I hope someone forwards all this to the guards and they go after you for fraud, a despicable thing to do.


  • Registered Users, Registered Users 2 Posts: 969 ✭✭✭Greybottle


    Jeebus wrote: »
    Your reply is not in the least bit helpful, Donal. It's extremely rude, condescending and doesn't actually answer my question at all. Are you a politician, a troll, or both? :D

    You would do better in life to change your attitude, because you'll blink and very quickly find you've wasted all your days if you continue on with this dreary outlook :).


    The irony is very strong here.


  • Closed Accounts Posts: 1,288 ✭✭✭HonalD


    Greybottle wrote: »
    Jeebus wrote: »
    Your reply is not in the least bit helpful, Donal. It's extremely rude, condescending and doesn't actually answer my question at all. Are you a politician, a troll, or both? :D

    You would do better in life to change your attitude, because you'll blink and very quickly find you've wasted all your days if you continue on with this dreary outlook :).

    The irony is very strong here.

    It’s not lost on me, glad I refrained from wasting my time defending my post.


  • Registered Users, Registered Users 2 Posts: 3,586 ✭✭✭Ginger83


    jcd5971 wrote: »
    I felt sorry for the op

    But what an ass hole, to lie about a dying relative just to get out of a bit of tax..

    I hope someone forwards all this to the guards and they go after you for fraud, a despicable thing to do.

    Is it possible to forward this to motor tax office? However we dont have OP's details.

    Any mod advice?


  • Registered Users, Registered Users 2 Posts: 2,671 ✭✭✭ForestFire


    Ginger83 wrote: »
    Is it possible to forward this to motor tax office? However we dont have OP's details.

    Any mod advice?

    Seriously?

    The first reply was suggesting another way to avoid this payment, and is featured regularily on boards.

    So he used a different method, but is it not clear at least , that he was not using the car on Irish roads during the time?

    He should have just sold car to relative :-)


  • Registered Users, Registered Users 2 Posts: 16,105 ✭✭✭✭elperello


    ForestFire wrote: »
    Seriously?

    The first reply was suggesting another way to avoid this payment, and is featured regularily on boards.

    So he used a different method, but is it not clear at least , that he was not using the car on Irish roads during the time?

    He should have just sold car to relative :-)

    Yes the non-controversial loophole!
    We'll never know the details of the other one because they've scared him away:)


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,586 ✭✭✭Ginger83


    ForestFire wrote: »
    Seriously?

    The first reply was suggesting another way to avoid this payment, and is featured regularily on boards.

    So he used a different method, but is it not clear at least , that he was not using the car on Irish roads during the time?

    He should have just sold car to relative :-)

    Fraud is still fraud.


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    Brilliant read this.


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


    Ginger83 wrote: »
    Fraud is still fraud.

    What fraud ?
    You have no means to verity what OP was doing in Australia.

    He didn't pay the tax, and now doesn't want to pay arrears for period when he didn't use the car.
    I see no fraud in here.
    Tax is not obligatory so no offence committed by not paying it.
    OP could either sell car to someone else and buy it back to avoid paying arrears and there's no fraud with that.
    Or he could get motortax office to cancel arrears like he says he did, if he had circumstances which motortax office is happy with.

    I really can't see what business of yours all this is.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    I have no issue with what the op done but its the lies that are not on.

    If something bad happened genuinely then isn't it great that the likes of the motor tax department actually has a bit of cop on but the issue is with the making up the story which as I said will ruin it for genuine cases.

    I still think the changing owner is no problems unless the owner is doing so to get free tax for years.

    Fine should be much higher but tax system should be more equal and fair.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    CiniO wrote: »
    Tax is not obligatory so no offence committed by not paying it.

    Eh......

    Next time I'm stopped by the Guards I'll tell them to forget the fine as it is not obligatory.

    Surprised at that response from you CiniO, if I didn't know better I'd suggest that was a Freeman type post.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    GM228 wrote: »
    Eh......

    Next time I'm stopped by the Guards I'll tell them to forget the fine as it is not obligatory.

    Surprised at that response from you CiniO, if I didn't know better I'd suggest that was a Freeman type post.
    He is right...if a car is not in use there is no obligation to tax it , and thus no offence committted. Arrears are not assesed until such time as the owner puts it back on the road.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 7,302 ✭✭✭Supergurrier


    Our tax system is hopeless.

    The very idea of taxing a car that isn't being used is complete bolloxology


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


    GM228 wrote: »
    Eh......

    Next time I'm stopped by the Guards I'll tell them to forget the fine as it is not obligatory.

    Surprised at that response from you CiniO, if I didn't know better I'd suggest that was a Freeman type post.

    :)

    Well I meant that tax was not obligatory for OP, as his car was parked up.

    AFAIK tax is required if vehicle is being used (driven or parked) in public place.
    But if it was parked on private land, then there was no tax obligation.

    I probably should have been more clear.


  • Registered Users, Registered Users 2 Posts: 16,105 ✭✭✭✭elperello


    CiniO wrote: »
    :)

    Well I meant that tax was not obligatory for OP, as his car was parked up.

    AFAIK tax is required if vehicle is being used (driven or parked) in public place.
    But if it was parked on private land, then there was no tax obligation.

    I probably should have been more clear.

    I see what you mean and I'm no fan of our Motor Tax system.

    But my understanding of the current system is that if you don't declare off road you must pay the arrears if you want to tax it in your name again.
    The OP appears to have short circuited the system and achieved what we thought was impossible.

    As I said before we'll probably never find out how.


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


    elperello wrote: »
    I see what you mean and I'm no fan of our Motor Tax system.

    But my understanding of the current system is that if you don't declare off road you must pay the arrears if you want to tax it in your name again.
    .

    As far as I'm aware your understanding is completely correct.
    But it doesn't deny what I said that car doesn't need to be taxed if not used in public place.

    Only repercussion of not taxing it, is then being unable to tax it in your own name without paying arrears. (which OP confirmed is actually not always the case).

    In short since that silly system was introduced I though it was completely stupid and mentioned it here good few times.

    What is the purpose of all this administrative burden of off road declarations?

    It could be done in much simpler way.

    I.e.
    Car is either taxed and can be used in public place.
    Or it is not taxed, and it can not be used in public place.

    As simple as this.

    It's beyond me, why there is a need for any declarations?


  • Registered Users, Registered Users 2 Posts: 16,105 ✭✭✭✭elperello


    CiniO wrote: »
    As far as I'm aware your understanding is completely correct.
    But it doesn't deny what I said that car doesn't need to be taxed if not used in public place.

    Only repercussion of not taxing it, is then being unable to tax it in your own name without paying arrears. (which OP confirmed is actually not always the case).

    In short since that silly system was introduced I though it was completely stupid and mentioned it here good few times.

    What is the purpose of all this administrative burden of off road declarations?

    It could be done in much simpler way.














    I.e.
    Car is either taxed and can be used in public place.
    Or it is not taxed, and it can not be used in public place.

    As simple as this.

    It's beyond me, why there is a need for any declarations?

    Yes we are pretty much on the same page.
    The car doesn't need to be taxed if it is not on the road.
    But if it is going back on the road you either pay the arrears or sell it.

    The off road declaration system is probably only good for keeping a few staff in Shannon busy.

    I have an oldie that will probably never go on the road again but you know yourself - never say die!
    Why I actually have to renew the off road declaration I can't figure.

    Do they actually think that I'm going to go rogue and head off with it out of the blue on a road trip!

    Could they not just say if you are going back on the road then tax it?

    If they bothered to look me up in their records they would see 3 other vehicles continuously taxed as long as I've owned them. Hardly likely to start bucking the system.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Isambard wrote: »
    He is right...if a car is not in use there is no obligation to tax it , and thus no offence committted.
    CiniO wrote: »
    :)

    Well I meant that tax was not obligatory for OP, as his car was parked up.

    AFAIK tax is required if vehicle is being used (driven or parked) in public place.
    But if it was parked on private land, then there was no tax obligation.


    I probably should have been more clear.

    That is no longer the case, it all changed in 2013 with the Non-Use of Motor Vehicles Act 2013 which amended the Finance (No.2) Act 1992 (which in turn put restrictions on the application of the Finance (Excise Duties) (Vehicles) Act 1952).

    Basically, prior to the 2013 Act you required motor tax when a vehicle was:-

    (a) registered in the state, and
    (b) not exclusively used/kept on land other than a public place.

    Since 2013 the law requires you to have motor tax when a vehicle is:-

    (a) registered in the state, and
    (b) not declared off the road.

    So even if you keep a vehicle exclusively on private land unless you declare it off the road you must tax it by law as the qualifying criteria is now simply that it is registered and not declared off the road rather than registered and used in a public place.

    I can dig out all the appropriate legislation if you wish (I just don't have time right now).


  • Closed Accounts Posts: 1,288 ✭✭✭HonalD


    CiniO wrote: »
    Tax is not obligatory so no offence committed by not paying it.

    What sort of logic is that?


  • Registered Users, Registered Users 2 Posts: 5,934 ✭✭✭CalamariFritti


    Its not so much whether its fraud or not in this case. I assume its not of course.

    But to all those people on thread who assume its one's natural right in such a position not to be charged and how dare anyone say otherwise... If the motor tax office and the legislation in general 'listened' to every sob story presented then half the country would be at that while the car was actually driven all that time. It's a fine line.

    But still, it's nice to hear the bureaucracy still makes allowances for, well, life. Good luck OP, hope the relative is fine.


  • Registered Users, Registered Users 2 Posts: 16,105 ✭✭✭✭elperello


    GM228 wrote: »
    That is no longer the case, it all changed in 2013 with the Non-Use of Motor Vehicles Act 2013 which amended the Finance (No.2) Act 1992 (which in turn put restrictions on the application of the Finance (Excise Duties) (Vehicles) Act 1952).

    Basically, prior to the 2013 Act you required motor tax when a vehicle was:-

    (a) registered in the state, and
    (b) not exclusively used/kept on land other than a public place.

    Since 2013 the law requires you to have motor tax when a vehicle is:-

    (a) registered in the state, and
    (b) not declared off the road.

    So even if you keep a vehicle exclusively on private land unless you declare it off the road you must tax it by law as the qualifying criteria is now simply that it is registered and not declared off the road rather than registered and used in a public place.

    I can dig out all the appropriate legislation if you wish (I just don't have time right now).

    Hi I had a look at http://www.irishstatutebook.ie/eli/2013/act/16/section/7/enacted/en/html

    I don't think there is any offence of not taxing a vehicle that is on private property. There is however an administrative penalty when you go to put it back on the road if you don't declare it off road.

    Please have a look when you get a chance.


  • Registered Users, Registered Users 2 Posts: 11,566 ✭✭✭✭fullstop


    You said in your original post you went to the US not Australia.

    And that it was to go travelling for the year, not to care for a sick relative...


  • Registered Users, Registered Users 2 Posts: 656 ✭✭✭christy02


    This post is hilarious. The op is long gone after he got rumbled, but still the debate continues.


  • Registered Users, Registered Users 2 Posts: 11,566 ✭✭✭✭fullstop


    HonalD wrote: »
    What sort of logic is that?

    Well the same poster defends people driving around with no insurance so no surprise.


  • Registered Users, Registered Users 2 Posts: 36,895 ✭✭✭✭BorneTobyWilde


    OP never used car on road, he should not have to pay the tax, it's as simple as that. Plus you can't declare a car off the road when ever you like. You have to have a crystal ball to predict a breakdown or a death. You need to tax your car to declare it off the road, that is way it works. How silly, you need to tax it to not use it.


  • Registered Users, Registered Users 2 Posts: 11,566 ✭✭✭✭fullstop


    OP never used car on road, he should not have to pay the tax, it's as simple as that. Plus you can't declare a car off the road when ever you like. You have to have a crystal ball to predict a breakdown or a death. You need to tax your car to declare it off the road, that is way it works. How silly, you need to tax it to not use it.
    You might want to read the rest of the thread....


  • Registered Users, Registered Users 2 Posts: 36,895 ✭✭✭✭BorneTobyWilde


    fullstop wrote: »
    You might want to read the rest of the thread....

    Enlighten me.
    If you forget to declare car off the road and car is out of tax by one minute ,you will be told you need to tax it to declare it off road.


  • Advertisement
Advertisement