All owners of vehicles of various types and categories should be aware that after registering this property they are responsible for paying transport tax.

On this basis, a requirement was put forward for all individuals and organizations to report to the regional Federal Tax Service the fact of purchasing transport and that it is already in their possession.

Certain penalties are awarded for failure to pay transport tax.. Everyone knows this, but not everyone knows what the consequences of non-payment of transport tax are, that is, what needs to be done to avoid paying the assigned penalty.

This article provides information regarding the deadlines for paying taxes in 2019, and whether there are particularly important points that must be paid attention to.

All citizens of the Russian Federation are required to pay a special transport tax for owning a vehicle - a motorcycle, car, scooter, yacht, snowmobile or self-propelled vehicle.

The size of this board does not have a clearly fixed size, it all depends on the region. The regions themselves set the rate, based on the general economic situation.

The amount depends on the engine size, the type of car, the capacity and cost of it. Regardless of which vehicle a person owns, he will be required to pay for it, regardless of whether he uses it or not.

Some time ago, the tax service received information about the vehicles at its disposal and their owners from special organizations that deal with registration processes.

All this was accompanied by some inconveniences, so a scheme was developed to ensure that such information was provided to the tax office by the owner himself.

After submitting all the necessary data to the tax authorities, the driver will receive a receipt with the payment amount at home, that is, he will not have to deal with independent calculations.

The amount of transport tax varies. It all depends on the type of transport, the power level of its engine and other parameters.

Here are the most basic of them:

1. The information contained in the technical passport of the vehicle is taken into account. As a rule, this is the number of horsepower of the installed engine.
2. Tax rate per unit of force, which is different in each individual region. This number is multiplied by their total number.
3. The number of months in a year during which the property was owned.

As for the deadlines for paying taxes, this must be done before the first of October. These are deadlines established by law.

Payment is made by the owner of the car based on previously received notification.

Every person who has a personal vehicle at their disposal should know what sanctions may be imposed for tax amounts not received within the established time frame.

Among the main penalties that are imposed due to non-payment of taxes, the following punishment can be noted:

• imposition of a fine;
• accrual and deduction of penalties;
• seizure of the property of a citizen who owes;
• withdrawal of cash to pay off debt;
• ban on traveling to the border;
• deduction of a certain amount from the monthly salary, which is credited to the bank card.

If the tax office has filed a lawsuit and demands the collection of all unpaid amounts, as well as fines and penalties through regional courts, it is worth knowing that it has every right to do so.

The size of this amount may be different; it varies directly depending on the time of delay and the points listed above. When calculating, the rules are used - a fine for non-payment of transport tax is assessed only for the last three years, no more.

A claim can be drawn up and sent only if its amount is more than 5,000 rubles.

An application to the court also has special time limits; it can be filed with the court no later than 6 months after all due and stated deadlines for payment have expired.

If a tax organization missed this deadline for some reason, it will not be easy to achieve a resolution of the issue.

If you are interested in the question regarding the amount of the fine, then it can be noted that it is calculated at 20% of the amount of the accrued debt.

If during the trial it was proven that the tax and the assigned penalty for non-payment of transport tax were not paid intentionally, then the consequences of non-payment of transport tax can be increased to 40%.

Many people are interested in whether a car can be seized for non-payment of transport tax. Here we can give a positive answer - the court may well make a similar decision.

As can be seen from all of the above, the liability for non-payment of transport tax by an individual is quite serious.

Video: What are the consequences of failure to pay transport tax?

So, it is clear what will happen to the owner of the vehicle if he does not pay the tax. If an individual or legal entity does not pay the tax on time, that is, before October 1, this means that a penalty will be charged on each day of subsequent delay.

The fine itself is assessed at the moment when the defaulter decides to pay the amount of the previously established tax and penalty that was assigned.

The penalty is calculated using the following formula:

1. Amount of unpaid tax.
2. The total number of days that have passed since the delay began.
3. Percentage of accrued penalty.
4. The total amount of the debt.
5. Regional refinanced rate.

Every vehicle owner should not delay payment, as this will only increase the fines and penalties imposed.

In particularly advanced situations, the tax authorities will go to court, which will lead either to the seizure of property or to deductions from personal bank accounts.

All this is quite unpleasant and is much longer and more difficult to resolve than simply paying taxes every year.

The penalty is accrued immediately after a recorded non-payment of the established tax or in case of late payment. The fine, as already noted, is 20% of the total assigned tax.

As for penalties, this penalty is calculated strictly on the amount of the debt; this is a certain accrued daily payment.

It is calculated using a special formula - the amount of debt is multiplied by the number of overdue days and by the established regional refinancing rate.

To make it more clear how penalties for transport tax are calculated, you can consider the following example:

If a person was supposed to pay 2000 rubles for transport tax, but did not pay for 3 months, the amount with accrued penalties will be - 2000 tax x 8.25% x 1/300 x 90 days = 49 rubles 50 kopecks.

In other words, for three overdue months you will have to pay 2049.5 rubles along with tax. If a fine was also imposed, 400 rubles will need to be added to this amount.

If for some reason the fine amount has not been paid, the person may be held accountable in the form of seizure of property. In this case, tax officials issue a protocol and send it to the federal bailiff service.

A similar document is valid for 2 months from the time it was sent to the bailiffs, that is, after 2 months it is impossible to launch enforcement proceedings on overdue taxes.

Based on everything said above, we can conclude that failure to pay transport tax can lead to quite serious problems. In this case, the tax increases almost three times; moreover, there is a risk of encountering problems such as seizure of property and accounts.

Even if this or that emergency situation occurs, it is worth warning tax officials about it. Otherwise, you will have to spend a lot of time and nerves challenging the court decision through the court.

Many professional lawyers advise checking the debt yourself in order to protect yourself from possible debt and all the consequences that it may cause.

Here is the simplest method for obtaining such information:

1. You must register on the State Services website. For this purpose, personal data, telephone number as well as email address are required.
2. Passport details, as well as TIN and SNILS are filled in.
3. Select the “Tax debt” service, and then click the “Get service” button.
4. Studying the returned result.

Payment of debt, if any, can be made at any financial institution or directly on the website using a bank card or in a special mobile application.

To receive simple informational assistance by entering data, entering personal data will be enough; to receive more complex services, it is worth going through a more thorough identification confirmation.

Very often, drivers are faced with the need to go to court on their own due to their disagreement with the requirements presented by the tax service.

Due to previously outdated information, the modern tax office may award assessments on a vehicle that is no longer in possession, as well as on a stolen one.

Bailiffs will definitely require documentary evidence of the applicant’s words and situations. These may be certificates issued by the police confirming the fact that the vehicle has been stolen.

You can also provide statements from insurance services that can confirm that the vehicle was stolen, destroyed by fire, flood, or simply cannot be restored after an accident.

There are also certain categories of citizens who need to apply for tax benefits or have the right to a deferment.

Penalties cannot be issued for the following categories of people:

1. Received property damage due to a natural disaster.
2. Employed in special seasonal activities.
3. A person who becomes bankrupt after paying a fine, penalty or tax at the same time.
4. If you have not received funds for maintenance from the employer or from the state, if you are a pensioner.

As can be seen from all of the above, government agencies can be not only tough, but also quite loyal.

If the fact justifying non-payment of tax can be proven, fines and penalties will be canceled in court.

Summing up

Like all modern state-imposed taxes, transport taxes must be paid on time, preferably without any additional charges.

It is worth remembering that delay can occur not only due to unwillingness to pay, but also due to the fact that for some reason a notification from the tax office did not arrive.

Every driver sooner or later faces the issue of paying a fine. The situation may turn in such a way that it is impossible to repay the debt on time. Therefore, it is worth studying this issue in detail.

Deadline for paying traffic police fines in 2017

The Code of Administrative Offenses gives the violator of traffic rules 70 days to pay the issued fine. This period includes 10 days for appeal and 60 days for payment. If you do not meet this time frame, non-payment will become a malicious act, which is punishable by law.

Regardless of the reasons for non-payment, liability arises in any case. It doesn’t matter whether the person was in the hospital or deliberately ignored the receipt. Evasion does not require evidence; guilt is automatically recognized.

According to statistics, 40% of all fines remain unpaid for various reasons. In all cases, appropriate punishment is applied.

Punishment for non-payment of traffic police fines 2016

Penalties are applied for failure to pay the fine on time. Even if the receipt was paid on the 71st day, there will be a penalty. Its measure is determined in court and is prescribed in the Code of Administrative Offenses:

1. Plus 7% of the fine amount (Article 32.2, paragraph 5). According to the Federal Law, when collecting, the bailiff has the right to collect plus a percentage of the fine amount.
2. Double the fine. If proceedings were initiated by the bailiff based on non-payment, the amount of collection is doubled (Article 20.25, paragraph 1). And the increased amount cannot be less than 1 thousand rubles.
3. Arrest for 15 days. It is not imposed on fines that were imposed based on photo or video recording.
4. Community service lasting 500 hours.

What does the punishment depend on?

The penalty depends on the decision of the judge who makes the decision. It depends only on him whether it will be arrest, forced labor, or will cost an increase in monetary penalties. The most commonly used is doubling the fine amount.

When the bailiffs get down to business

If the fine is not paid within 80 days, the bailiffs will launch a “compulsory” mechanism. For the defaulter, this will result in the seizure of property and freezing of bank accounts.

The court may rule on a ban on leaving the country. This measure is applied if the amount of the overdue fine exceeds 10 thousand rubles.

Since January 2016, another punishment for draft evaders has come into force - deprivation of rights and limitation of their validity in time if the amount of debt is more than 10 thousand rubles. This is also done by bailiffs on the basis of a court decision. If the driver continues to drive with a limited license, he will face a more severe punishment - deprivation of his license for a year or forced labor (50 hours).

To lift the restriction, you just need to liquidate the debt and inform the bailiff about it.

How to minimize punishment?

There are times when there is a desire to pay off debt, but there is not enough money. Then the question arises, can you only pay in installments? And the law provides such an opportunity.

1. A deferment is granted for a month when there is no real possibility of paying off the fine within the established time frame.
2. If the “fine” does not have enough money, the court may decide to extend the repayment period by a maximum of 3 months.
3. The installment plan is not valid for foreigners and stateless persons.

In order to “extend” the payment period, you need to submit a corresponding application to the court and provide documentary evidence of insolvency at the moment. The offending driver admits his intention to pay the fine. If the decision is positive, a monthly repayment schedule will be issued.

Statute of limitations

Some criminals deliberately delay payment, because the administrative fine has a validity period of 2 years. After its expiration, no one has the right to demand repayment of the debt. The punishment automatically goes into the overdue category and is eliminated. The countdown of the period begins 10 days after the issuance of a copy of the protocol to the violator.

But do not forget that after 80 days the bailiffs will take over the case. Then the situation will become serious and the unpaid fine will result in a large amount.

Exceptional cases

Some “fine offenders” are lucky; they can avoid paying the fine without coming up with clever loopholes. The reason is sometimes occurring software failures of government departments:

• if more than two months have passed since the violation of traffic rules, then the decision is no longer issued;
• if the case was heard in court and more than three months have passed, it is also impossible to make a decision.

For example, the violator received a notification by mail for a violation that occurred more than two months ago. In this case, he may rightfully not pay the fine. Collection is no longer legal.

Bottom line

• check your debt to the traffic police once every 2 months;
• always keep all payment receipts (this will help avoid difficulties with bailiffs in case of failures in the database);
• if the fine was issued unlawfully, appeal it in court;
• When planning long trips, take into account the deadlines for paying fines (for convenience, you can activate an SMS notification).

It is better to pay fines on time so as not to increase their amount due to delay. If you do not agree with the decision of the traffic police officer, appeal it in court, rather than ignore the issue. Neglecting the law will cost more.

In the minds of most Russians, the words “forfeit”, “penalty” and “fine” have a similar meaning, and these are really close concepts. However, the collection of penalties and other types of penalties occurs for various reasons and according to certain rules. Although the Civil Code of Russia does not establish differences between fines, penalties and penalties, and in Article 330 of the Civil Code of the Russian Federation these phenomena are almost synonymous, in practice they differ and are differentiated in other legal acts.

A fine is a type of penalty that is set in a specific amount or as a percentage of the debt. A fine is collected once for a one-time or long-term violation. This measure is often applied to a debtor who does not want to pay a penalty (for example, under a loan agreement).

A fine as a type of compensation should not be confused with a fine in the general sense. The second option involves a monetary penalty for a criminal or administrative offense. A fine is imposed if the subject violates national or local laws (made noise in the apartment after 23-00 and disturbed neighbors, wandered around the streets while intoxicated, etc.)

Important! A fine as such can only be imposed by an executive authority on both an individual and a legal entity.

At the same time, any organization to which the entity does not fulfill its obligations under the terms of the contract has the right to impose a fine due to a penalty. These include banks, microfinance companies, etc.

What is a penalty?

Penalty, according to Art. 330 of the Civil Code of Russia is the amount established by law or agreement that the debtor undertakes to pay to the creditor in the event of failure to fulfill financial obligations. The amount of this penalty is always fixed, and the penalty comes into force from the very beginning of late payments. The penalty under a contract differs from the same type of penalty under the law.

In the first case, the amount of monetary compensation, the payment procedure and the reasons for its occurrence (delay, failure to fulfill contractual terms or improper fulfillment) are indicated in the document by agreement of the parties to the transaction. The accrual of a penalty encourages the debtor to pay off in the shortest possible time, because long-term non-payment is fraught with the risk of falling into a debt trap.

A penalty established by law does not require a contract or any agreement in writing. The amount of payment and the grounds for collection are specified in Article 395 of the Civil Code of the Russian Federation. Legal compensation requires the presence of an evidence base certifying the validity of the exaction measure. Legal assistance and the intervention of independent experts are usually necessary to establish the circumstances of the process. According to the law, the amount of compensation cannot be reduced by agreement of the parties, but only increased.

Reference! The laws of the Russian Federation do not provide limits for reducing the penalty. In the activities of judicial bodies, only a standard applies - the minimum amount of recovery is equal to the double refinancing rate of the country's Central Bank. The rate is constantly changing, and you can find out its exact size on the website of the Central Bank of the Russian Federation.

The difference between a penalty and a fine and penalty is manifested in a number of characteristics. This compensation payment:

• can be specified in any type of contract;
• is a measure of responsibility and a measure of security at the same time;
• must be documented;
• can be accrued both in monetary terms and in property terms;
• charged due to improper fulfillment of obligations in a certain amount;
• can be presented in two forms - under contract and by law.

The legislation defines four types of penalties (paragraph 2 of paragraph 60 of Resolution No. 7):

• credit - partially compensates for losses;
• penalty - charged in addition to compensation for losses;
• exceptional - a penalty in its “pure” form, does not include losses;
• alternative - implies the choice of the creditor to compensate for losses or pay a penalty.

Raising the question of the differences between a penalty, a fine and a penalty is not entirely correct, because legal science considers a fine and a penalty as methods for calculating a penalty. However, there are differences between the accrual principles. Thus, the fine is set in a specific amount and is collected once. But with pennies everything is different.

What is a penalty?

Penalty is a type and consequence of a penalty that relates exclusively to violation of payment and (or) financial obligations. It is calculated as a percentage of the total debt, or as a fixed amount charged for a certain period of delay (50 rubles daily, for example).

Let’s assume that the contract specifies the amount to be paid as 5,000 rubles no later than 14 days from the date of receipt of the acceptance certificate. 21 days, 30 days, a month and a half pass - and no payment is received. The debtor begins to incur penalties in the amount of 0.5% of the debt amount. For one and a half months of delay, 1125 rubles accrue, which must be paid along with the principal amount of the debt.

Attention! Penalties are accrued only if there are grounds for this specified in the contract. Otherwise, such penalties are illegal.

A penalty differs from a penalty primarily in the absence of a fixed amount. This is a floating value that changes from time to time. Most often, accrual occurs when utility payments are late or if insurance premiums are not paid on time.

Possibility of simultaneous demand for penalties, penalties and fines

A simultaneous demand for a penalty, penalties and a fine is impossible. Thus, it is impossible to immediately collect a penalty and a fine, since these measures of liability imply relations between different entities:

• when imposing a fine, the subject (citizen) and the executive branch are involved in the case;
• the penalty is levied by an individual/legal entity from an individual/legal entity.

Even if we consider the concept of “fine” as a type of penalty, these measures of responsibility are combined, and the essence remains the same.

But the simultaneous demand for a penalty and penalties is quite acceptable. If a compensation payment is provided for late payments, then a penalty may be added to it in a certain percentage of the amount of the debt, the size of which will increase as the repayment of the debt is delayed.

There really is a difference between a penalty, a penalty and a fine, although in the legal sense these are the same concepts. In any case, the debtor will have to pay them, and there is no escape from responsibility. Therefore, before signing an agreement, you should carefully study its terms and objectively assess your financial capabilities in order to further minimize the risk of falling into the category of persistent defaulters and spending a lot of money on paying off debts.

Absolutely anyone can forget about an unpaid fine for violating traffic rules. Statistics show that the percentage of drivers who have one or more such late payments is really high. There are several reasons for this - ignorance of the existence of penalties as such, forgetfulness of the driver, or a simple reluctance to pay.

What to do if you are late in paying a traffic fine? In what case and when is the fine considered overdue? What are the consequences of missing a fine? How and where to pay an overdue traffic fine? We will answer these questions in this article.

Where to pay?

In order to quickly lose your defaulter status, you need to get rid of your debt as quickly as possible. The speed of payment is of particular importance, since the penalty for late payment is much more severe than the fine itself.

Payment is made in the standard manner. The easiest way is to do it on the government services portal. Funds can also be transferred through official traffic police resources and intermediary sites.

In cases where the bailiff did not notify in any way that there was a delay, the amount of the fine is only the amount of the punishment itself; no additional penalties can be imposed. There, on the portal, not only is payment made, but it is also possible to save and then print a receipt. After some time, all that remains is to make sure that the fine is not in the traffic police database.

If the bailiff did contact the motorist, then most likely he explained the algorithm for further actions. For example, an official called the debtor and reminded him that there was an overdue fine and the need to eliminate it as soon as possible. Otherwise, appropriate measures will be taken against the defaulter. Instead of a telephone call, a notification in letter format is possible. The envelope contains information about the debt and a prepared receipt for payment, including penalties. In such a situation, the amount must be transferred within a strictly defined period.

Adverse consequences of non-payment

The absence of notification of a requirement to pay a fine does not mean that nothing needs to be paid. Even in view of the statute of limitations for the execution of the decision on punishment, there is still no need to abuse your right not to pay after the expiration of the two-year period.

A month and a half after the fine was imposed, the bailiffs begin to deal with the case. They legally demand money with the aim of transferring it to the state budget in execution of punishment.

Based on the Code of Administrative Offenses, late payment of a fine is punished more severely than under a violated traffic rule. Accordingly, in addition to the initial penalties, you will have to pay it twice as much in the future.

If this does not force the debt to be repaid, then other, more severe, non-material sanctions may be applied. These include:

• compulsory work – up to 50 hours;
• arrest for up to 15 days (limited if punishment is imposed based on data from photo or video cameras);
• deprivation of driver's license.

The latter is rather a measure of execution of punishment, since the Code of Administrative Offenses does not provide for this type of sanctions. However, deprivation of rights does not apply if the debt is insignificant - less than 10 thousand rubles. For reasons of humanity, the right to drive is not suspended when a person and his family live in places with poorly developed transport infrastructure, as well as in the case of work in a place directly related to travel.

Statute of limitations

Traditionally, punishment must be implemented within a specific period. Thus, decisions on administrative penalties are executed within a two-year period. Further execution is not carried out (Article 31.5 of the Administrative Code).

Of course, it is worth taking into account the entry into force and issuance of the decision. The first case involves taking into account 10 days intended for appealing to a court or a higher authority (higher official). The only serious consequence of failure to pay a fine within two years from the date the document comes into force is the impossibility of losing a revoked driver’s license.