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Do I have to pay a transport tax for a pensioner? Advice of a lawyer

Taxes - this is what gives the population a lot of trouble. In Russia, every citizen must pay to the state for the property that he has. This rule also applies to machines. Today we have to figure out whether a pensioner should pay a transport tax. What can elderly people expect in this or that situation? Are there any benefits in Russia for elderly people in this area? All this will be discussed later. In fact, such a topic causes a lot of controversy among the population. And lawyers are not always able to give an accurate answer to the questions they asked. Nevertheless, some points of view are logical. They will clarify the situation with the transport tax in Russia.

Transport tax is ...

The first thing to do is to figure out exactly what kind of payment will have to deal with. This is normal. Each taxpayer has the right to know what for and on what basis he transfers certain funds.

The transport tax is nothing more than an annual payment, which is transferred by the population for different types of cars owned by the citizen. The tax is regional in nature. This means that the basic principles of calculating and calculating the amount paid for transportation, directly depend on the rules in this or that municipality.

Do I have to pay a transport tax for a pensioner? The answer is not as easy as it sounds. Therefore, we have to study the question posed from different angles. Only then will it be possible to answer it as accurately as possible.

tax code

It's no secret that Russia has the so-called Tax Code. This is a set of rules and regulations that all taxpayers and organizations must follow. It specifies the specifics of the calculation and payment of certain taxes.

Some believe that the answer to the topic under discussion lies in the RF Tax Code. Should a military pensioner pay a transport tax? And just a citizen who has reached retirement age?

Unambiguous answer does not give this code. The thing is that the following is indicated there: all taxpayers are obliged to pay for their property on time. It follows that persons of retirement age do not have any benefits. Along with this, the Tax Code states that the tax on transport is a regional payment. And he is able to have his own characteristics. So, it is impossible to say whether retirees (MVD or ordinary citizens) pay the transport tax. What do lawyers think about this?

Regions and features

People with legal education indicate that each village has its own rules. Somewhere pensioners pay for cars, somewhere not. Nevertheless, it is difficult to predict. It is necessary to clarify this information in the administration and tax authorities of each city.

If this factor is not taken into account, then the answer to the question of whether a transportation tax should be paid by a retired veteran of labor will be positive. According to the established rules, taxpayers are obliged to pay taxes for their property. And any.

Is there a right to benefits

But that is not all! Citizens of each city will have to thoroughly study the features of the transport tax for pensioners. And, as practice shows, information is needed every year.

"The tax-pensioner-privilege" is a normal combination. In Russia, people of retirement age have the right to various bonuses from the state. For example, regarding property payments. Only here the transport tax, as practice shows, is attributed to individual monetary penalties.

Nevertheless, citizens are entitled to certain benefits. They, as already said, depend on the rules in various regions of the country. Accordingly, sometimes taxpayers can count either on a discount, or on full exemption from payment of taxes for vehicles owned in the property. This is normal.

Frequent practice

Do I have to pay a transport tax for a pensioner? The most common phenomenon is the situation in which the elderly are exempt from the payment in full. This means that you do not need to pay taxes for a car.

Only there are some limitations. Which ones? Full exemption from transport taxes for pensioners is provided for only one car. It follows that a citizen-pensioner who has several vehicles has the right to exemption from tax for one of them. But the implementation of the choice of payment, from which a person wants to get rid of, remains with the owner of the property.

Discount on payment

There is a slightly different privilege. Transport tax for people of retirement age in some cities is not abolished. Instead, the population is given a discount on the tax in various sizes.

How many? It all depends on the rules of the village. In some cases, you can count on 50% discount, in some - 70-80%. Sometimes the discount for transport tax is 90%.

Transport tax pensioner RF must transfer in accordance with the rules established in the city. But, as has already been emphasized, often older people are simply exempted from such payments. This is normal practice. It does not contradict the Tax Code of the Russian Federation.

Complete liberation

The next nuance, which is recommended to focus attention - is 100% beneficiaries in respect of taxes on the car. They are set at the Federal level. This means that the following persons may not pay taxes that come to them for vehicles.

Who are the beneficiaries in this field? To date, this is:

  • People-order bearers;
  • Heroes of the Russian Federation and the USSR;
  • Parents / guardians of the disabled (children);
  • All people whose cars have a power of less than 70 liters. from.;
  • Families officially recognized as having many children;
  • People accompanying and carrying disabled people if the vehicle is equipped for citizens with special health conditions;
  • Nuclear weapon testers who became disabled;
  • "Chernobyl".

It follows that at the federal level, pensioners are not recognized as beneficiaries. Therefore, one can not always speak with confidence about the complete exemption of this category of population from taxes on cars.

The right is - the tax comes

And what if the citizen actually has certain benefits in respect of the payment being studied? Usually in such a case (with full release), payments of the established sample simply do not come to the owner of the car. But in practice, things are sometimes different.

How exactly? Do I have to pay transport tax to pensioners? If it turns out that the answer to this question is negative, you need to report this to the tax authorities at the place of residence of the elderly person.

Why do this? That the receipts did not come to the name of the old man. In Russia, the exemption for transport tax is declarative. In other words, cities are granted only the right to a discount or full exemption from payment. And already the pensioner decides whether to realize such a possibility or not.

So, if a pensioner receives a payment for the car, you need to report on the availability of benefits to the tax authorities. Until that time, it is necessary to transfer money to the state treasury. Or ignore the receipts that arrived. But it is not recommended to do this in the same way - a citizen who does not report benefits will be in debt. This is not the best thing.

Procedure for applying for a benefit

Now it is clear that a pensioner usually does not pay transport tax. But how correctly to declare their rights? There is a small algorithm of actions, adhering to which, a citizen will be able to get rid legally of the tax for the car.

To be exempt from the payment in question (if this is provided for by regional regulations), it is required:

  1. Collect a certain package of documents. About it will be told a little later.
  2. Apply to the tax authorities at the place of residence of the citizen of the retirement age with the collected papers and the application of the established sample. The ready form can be remembered at home.
  3. Wait for the approval of the grant of benefits. More precisely, the response from the tax authorities that the service is informed of the implementation of the rights to a discount or full exemption from tax on the car.

There is nothing difficult or special in the process. If a pensioner first paid for the car, and then found out that he has benefits, you can issue a refund. This procedure is also carried out in the tax.

About documents

What papers can be useful to a pensioner for exemption from transportation tax? What do you need to bring with you? It is necessary to take:

  • Identity card (passport is better);
  • A certificate of registration (if a civil passport is provided, this paper is not needed);
  • Certificate of ownership of all cars;
  • Application of the established model for the granting of a benefit (if there are several cars, it is necessary to prescribe the car, to which the "bonus" applies);
  • SNILS;
  • TIN (desirable);
  • Pension certificate (if available);
  • Documents indicating the special status and benefits of the Federal level (if any).

All listed papers should preferably be provided with copies. There is no need to certify them. If it is required to carry out an additional refund of money paid for transport, the listed list is supplemented:

  • Receipts for tax payment;
  • The details of the account to which the funds are transferred.

It is now clear whether a military pensioner should pay a transport tax. And all issues related to taxes for cars and pensioners, too, are not a mystery. Lawyers emphasize that it is best to find out the specifics of payment in each region separately. All this, as is not difficult to guess, is due to the regional nature of the tax. Only in the tax authorities of a particular locality will they be able to respond with 100% accuracy about the availability of benefits provided to people of retirement age.

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