Unfortunately, cars are stolen quite often. Despite the fact that new alarm systems are constantly being developed, car thieves are also “improving their professionalism.” Therefore, no car owner is insured against theft.
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What is this
Theft is a synonym for theft, but this concept is applied specifically to vehicles. That is, this is a willful illegal action aimed at taking possession of a car or other vehicle without the purpose of stealing it.
Most often, theft is of a commercial nature.
That is, a stolen car is repainted, slightly repaired and sold as a completely different car. This is precisely why the risk of buying a previously stolen car is so great.
What is required for deregistration?
Writing an application
So, we have deviated a little from the topic, but now we will return to the main question of how to remove a stolen car from tax and registration with the traffic police and what is required for this. First of all, you need to take care of preparing the following documentation package:
- statement of theft;
- the car owner’s passport or power of attorney issued to a third party who will resolve issues at the traffic police;
- technical passport for the car and a copy of the title;
- vehicle registration certificate;
- documents confirming payment of state duty.
Let us immediately note that you will not be able to quickly deregister a car after it has been stolen. The process is hampered by the lack of registration plates and the vehicle itself. Be prepared for a long and tedious process, but you will eventually achieve what you want.
What is it for
If the car is stolen, you must immediately call the police or visit the nearest police station yourself.
This is necessary so that the fact of committing illegal actions is documented.
Documents are needed to deregister the car. This is done to save money for the car owner until the car is found. As soon as he deregisters it, he is exempt from paying transport tax and will be deregistered with the tax office.
As soon as the vehicle is found and returned to the owner, it will again need to be registered with the traffic police.
Other purposes of deregistering a car after theft:
- exclusion of car sales;
- saving money on paying for an MTPL policy;
- resolving issues with the bank if the car was purchased on credit.
Documents and rules for submitting them to the tax office
The next problem that needs to be solved is how to remove a stolen car from tax registration. As paragraph 2 of Article 358 of the Tax Code of the Russian Federation states:
The service must inform the tax office that the car is no longer registered with the traffic police. This is required by paragraph 4 of Article 85 of the Tax Code of the Russian Federation:
But a lot of time may pass until this moment (depending on when the car was stolen). And therefore, it is better for the owner of a stolen vehicle to go to the Federal Tax Service at the place of his own registration. The service should provide:
- your passport;
- TIN;
- a certificate from the traffic police about the deregistration of the vehicle;
- a statement about the absence of ownership of a taxable object, that is, a car.
Expert opinion
Ilyin Georgy Severinovich
Practicing lawyer with 6 years of experience. Specialization: criminal law. Law teacher.
Moreover, the law allows stolen vehicles to be deregistered with the Federal Tax Service even without terminating its registration with the traffic police. After all, he is already wanted, since a criminal case has been opened.
Consequently, subparagraph 7 of paragraph 2 of Article 385 applies here. A stolen car ceases to be subject to taxation if its owner provides the Federal Tax Service with a certificate of theft from the police.
Where to contact
You must contact the traffic police department. Since in 2013 the procedure for registering and deregistering a car was simplified, you can contact any traffic police department, and not the one where the car was registered.
In addition, it is now possible to contact government agencies using the World Wide Web. The State Services portal has been successfully operating for several years . With its help, you can register your car or deregister it.
You can also visit the official website of the traffic police and complete all registration actions through it.
What to do if you still receive a notification?
According to Part 1 of Article 357 of the Tax Code, notification of tax payment is sent to all registered vehicle owners. The amount of tax, based on paragraph 1 of Article 362 of the Tax Code of the Russian Federation, is calculated based on information received from the traffic police database.
If you receive a tax on a stolen car, you should adhere to the following procedure:
- Contact the Ministry of Internal Affairs to initiate a case under Article 141 or 145 of the Code of Criminal Procedure of the Russian Federation.
- Obtain a certificate of theft from the Ministry of Internal Affairs department, based on paragraph 17.4 of the Methodological Recommendations.
- Write an application for recalculation of transport tax addressed to the department that sent the notification.
- Take the application and the original of the received certificate to the local Federal Tax Service.
If the theft occurred before or after the 15th, then, according to paragraph 3 of Article 362. Tax Code of the Russian Federation, tax deductions on vehicles will stop in the current or next month.
Procedure
How to deregister a stolen car?
To deregister a stolen car, you must follow the following procedure:
- write a statement to the police that the car was stolen;
An example can be seen here.
- wait for all necessary procedures to be completed and a criminal case to be initiated;
- receive a notification from the preliminary investigation authorities or inquiry authorities that the criminal case has been terminated or suspended;
- Visit the nearest traffic police department and submit all the necessary documents. You can also use the official website of the State Traffic Safety Inspectorate or the State Services portal .
Don't know what the difference is between theft and theft? See the article about this: how theft differs from theft. What types of car theft schemes exist is written here.
Situations in which a car cannot be deregistered
It will not be possible to terminate the registration of a stolen car only in a few cases:
- the documents preserved for her were found to be false;
- the information in them differs from what is in the traffic police database;
- restrictions have been imposed on transport by the court, for example, due to the fact that the property is the subject of a dispute or is pledged to a bank;
- it is not the owner who is trying to carry out the procedure, but another person who does not have a power of attorney from him.
In these cases, the car will remain registered with the traffic police until the circumstances interfering with the procedure are eliminated.
But the presence of obstacles does not mean that the owner is obliged to pay transport tax for stolen property. He will be saved from this need by visiting the Federal Tax Service department and providing a police certificate about the theft of the car in accordance with Article 385 of the Tax Code.
We recommend reading about how to deregister a car without a car. From the article you will learn how to deregister a car without the owner’s documents, without the owner, and how to register it without recycling it. And here is more information about what to do if your car is stolen.
You can additionally ask the traffic police and the Federal Tax Service how to deregister a stolen car. But the requirements of service employees should not contradict tax legislation and the Order of the Ministry of Internal Affairs “On the procedure for registering a vehicle.” In general, the procedure is not complicated, but it will take time.
What documents are needed
To deregister a car due to theft, you must submit the following documents to the traffic police department:
- application in the appropriate form;
The form can be obtained from the traffic police department or filled out in electronic format on the traffic police website or on the portal .
- your passport;
- registration certificate for the car;
- a document confirming the applicant’s ownership of the car;
- a document confirming that the applicant has paid the state fee.
When submitting documents through the State Services portal, 30% discount on the fee. The discount is valid from 01/01/2017 to 01/01/2019.
Copies must be made of the applicant’s passport, vehicle registration certificate and registration certificate. There is no need to have it certified by a notary.
You also need to present a document that confirms the fact that a theft case has been initiated, suspended or closed. This certificate is provided by law enforcement agencies.
Is it possible to deregister a stolen car?
Before deregistering a vehicle, you must contact the police. You will have to leave a statement and tell in detail about what happened. On its basis, a criminal case will be initiated. If you have no hope that the car will still be found, you will have to deregister it and not waste time.
Classic traffic police department
There are a huge number of stories about stolen cars on the Internet. Residents of our country buy cars, and after a while, when stopped at a traffic police checkpoint, it turns out that the car was previously stolen. Inspectors have a special database of stolen cars, in which all the data is located according to the body and engine numbers, as well as the VIN code of the car. When an inspector searches the database for a certain vehicle and reveals that it is missing, the new owner, although not to blame for the fact that the car ended up in his possession, will face a number of troubles.
You will have to prove your own innocence first, but will you be able to keep the stolen vehicle? No, you will not be able to do this if the previous legal owner of the car presents and proves his rights to the car. The court will definitely side with him. To get your money back, you need to find the unscrupulous seller and involve law enforcement agencies in order to increase the chances of successfully completing the case.
Often similar stories happen with cars that get into accidents or are purchased through consignment stores. When concluding sales transactions, the car was not stolen, and after restoration and the desire to register it, it may turn out that the traffic police have an application for a search for a specific vehicle.
Is the vehicle confiscated in such a situation? Yes, they will definitely confiscate it. Thus, be extremely careful when purchasing a car from the used market. You can sue consignment stores or other companies for years, proving that at the time of purchasing the vehicle he was not wanted, because this would definitely have been found out.
As a result, the contract has to be terminated, and the store compensates for the costs of the purchase and operating time of the car that was obtained dishonestly.
How to register a car if it was previously deregistered? You will learn this from a separate material on the site.
Cost and terms
The law does not establish clear deadlines for submitting documents to deregister a car after theft. This is, first of all, beneficial to the owner himself. The faster he does this, the more money he will save on transport tax.
If the owner wants to submit documents as quickly as possible, he can make an appointment with the traffic police through the official website or through the State Services portal . At the appointed time, he will only need to go to the department and hand over the original documents.
To deregister a previously stolen vehicle, you must pay a state fee. Its size is 850 rubles . When submitting documents through the State Services portal and when paying the fee by non-cash method, a discount of 30% of the fee established in the Tax Code of the Russian Federation is provided.
What is transport tax?
Transport tax is deducted from the income of drivers of vehicles of any type. It is local, therefore the main tax decisions, the amount of benefits and the form of reporting are established by local authorities. The Federal Law determines only the objects of taxation, standards and restrictions on accrual, the procedure for maintaining the tax base and tax periods.
According to Chapter 28 2 parts of the Tax Code, transport tax is mandatory for legal entities and individuals who own vehicles such as cars, motorcycles, buses and other vehicles.
The following are not subject to taxation:
- Passenger cars, provided: equipped for disabled people, or with a power of up to 100 hp. or 73.5 kW, or received from social security authorities.
- Agricultural machinery, including: tractors and combines of all models, and special-purpose vehicles - livestock trucks, poultry trucks, milk tankers, veterinary vehicles. machines, equipment for soil fertilization.
- All stolen vehicles, subject to the provision of a certificate from the department of the Ministry of Internal Affairs conducting the search.
According to Article 357 of the Tax Code, if a car of the category specified in Article 358 is under repair or is not in use, the owner is still obliged to pay the tax on time. According to the norms of the Tax Code, the amount of tax is calculated based on information transmitted to the tax office from the authorities involved in vehicle registration in the Russian Federation.
How to remove a stolen car if it is found
If the car is found, then you need to warn the traffic police about this and register it again. Then the car will be transferred from the traffic police database of stolen cars to the traffic police database of cars found and registered.
But to register the car again. The owner needs to take a number of actions.
This:
- contact an independent appraisal bureau so that they can assess the value of the car and calculate the actual damage;
- then you need to visit the police department that was involved in the theft and contact the investigator who was in charge of this criminal case. He will issue a certificate stating that the car has been found and is no longer listed as stolen;
- Now it’s tedious to prepare documents and submit them to the traffic police.
The package of documents for re-registration of a car license includes:
- statement;
a sample document here.
- copy of the owner's passport;
- PTS for the car;
- conclusion of a technician-expert;
- certificate from the investigator;
- OSAGO policy;
- receipt of payment of duty.
After the entire procedure, the owner will receive a new certificate of ownership. The PTS will contain a mark indicating both the theft and the re-registration of the license.
How to deregister a stolen car through State Services
To leave an application on the State Services portal, you must have a verified account on the site. The procedure is as follows:
- In your personal account, go to the “Driving and Transport” section.
- Go to the “Vehicle Registration” subsection.
- Select the item “Deregistration”.
- Go to the “Termination of vehicle registration” section.
- Click the “Get service” button.
- Carefully fill in the required information. You will need to indicate the reason for the withdrawal, select a convenient MREO department and time of visit, and fill out information about the car.
- Check the box “I am familiar with the procedure for providing services” and click the “Submit an application” button.
After some time, a notification will be sent to your personal account about the time of appointment at the traffic police. On the specified date, you must arrive at the selected address with a package of documents. There is no need to re-register on site; you will be invited to an appointment in accordance with the electronic registration.
The user may receive a notification about the refusal to provide the service. The reason will be indicated. This may be due to an error when filling out the application or due to encumbrances placed on the car.
How is an engine replacement in a car or motorcycle formalized - what will happen if the modification is not legalized?
Is it possible to use the State Services website?
Can! The State Services portal was developed specifically to facilitate the relationship between state and municipal bodies and the population.
To submit documents through this portal, you must go through the registration procedure. It is not difficult!
The system gives hints. Once your personal account becomes available, you can submit documents. To do this, you need to make scanned copies of them in a certain format and attach them to the application. At the appointed time, you need to visit the traffic police department and hand over the original documents. After a short period of time, the owner will receive a document confirming that the car has been deregistered due to theft.
Do you want to understand how to properly protect your car from theft? See the article for details: mechanical means of protection against car theft. Don't know how to report your car for theft? Read here.
How to mark a car against theft is written here.
We deregister on the State Services website
To save time and nerves, you can use the State Services portal to deregister a vehicle. To do this, you need to perform the following algorithm of actions:
- indicate the purpose of the appeal;
- indicate the traffic police department that applies to your area of residence;
- clarification of date and time;
- after this the request will be processed;
- you will receive a confirmation.
Deregistration on the State Services website
To confirm the details and clarify the situation, an inspector will need to contact you, who will tell you about your further actions and tell you what needs to be prepared. If for one reason or another during the conversation it turns out that the procedure cannot be carried out, you will be given a detailed explanation of the situation.
Using the State Services website is convenient and profitable, although many Russians are still reluctant to do so. At the same time, you get many amenities. For example, you won't have to stand in lines and worry about being late for work. The main thing is to pre-register on the portal to gain access to all functions and capabilities.
Questions
There are questions that I would like to highlight further.
What to do if the car is stolen with documents
The situation is more complicated if the car was stolen along with the documents. It still needs to be deregistered. But the procedure will be slightly different.
The car will be deregistered through disposal.
To recycle, you must visit the traffic police department and submit the following documents:
- application for disposal of the car;
A sample is provided here .
- owner's passport;
- receipt of payment of the duty;
- if there are any other documents, then they also need to be submitted.
For example, title documents, as a rule, are kept at home; they are not carried in the car as unnecessary.
This approach is used if the car is not of particular material value to the driver. But often it is expensive cars that are stolen. Therefore, if the owner hopes to get his car back, then it is better to submit documents specifically to deregister it.
Through an intermediary
You can also submit documents through an intermediary. This is done if the owner himself, for some reason, cannot submit them himself.
Then the intermediary writes the application, but indicates in it that he is acting on behalf of the owner.
In addition, the owner must issue a power of attorney to the notary in the name of the intermediary. Without a power of attorney, his documents will not be accepted for consideration.
Important! If the intermediary is a representative of a specialized company, then he will need to pay for the provision of such services.
If this is a friend/relative/acquaintance, then services are provided by agreement.
Do I need to notify the tax office?
If the vehicle is sold but not deregistered, the transport tax, as well as fines, will be paid to the former owner. If after the sale of the car the tax continues to be received, you should contact the Federal Tax Service to notify them of the sale.
This can be done by drawing up a written statement in free form. Documents confirming the sale must be attached to it. All this must be submitted to the Federal Tax Service in person or by mail.
What to do if you receive taxes on a sold car is described here.
