Should a senior citizen pay transport tax? Legal advice

Taxes - this is what causes the population a lot of trouble. In Russia, every citizen is obliged to pay the state for the property that he has. This rule also applies to cars. Today it remains to be seen whether a pensioner should pay the transport tax. What can older people count on in one case or another? Are there any benefits for old people in Russia in this area? All this will be described later. In fact, this topic causes a lot of controversy among the population. And lawyers are not always able to give an exact answer to the questions asked by him. Nevertheless, some points of view are logical. They will clarify the situation with the transport tax in Russia.

Transport tax is ...

The first step is to figure out which payment you have to deal with. This is a normal occurrence. Each taxpayer has the right to know for what and on what basis he transfers certain funds.

whether a pensioner should pay transport tax

Transport tax is nothing more than an annual payment that is paid by the population for cars of various types owned by a citizen. The tax is regional in nature. This means that the basic principles of calculating and calculating the amount paid for transport directly depend on the rules in a particular municipality.

Should a senior citizen pay transport tax? The answer is not as simple as it seems. Therefore, it is necessary to study the question posed from different angles. Only then will it be possible to answer him as accurately as possible.

tax code

It's no secret that in Russia there is the so-called Tax Code. This is a set of rules and laws that all taxpayers and organizations must follow. It spells out the features of the accrual and payment of certain taxes.

Some believe that the answer to the topic under study lies precisely in the Tax Code of the Russian Federation. Should a military pensioner pay transport tax? But just a citizen who has reached retirement age?

should a military pensioner pay transport tax

This code does not give a definite answer. The thing is that the following is indicated there: all taxpayers are obliged to pay for their property in a timely manner. It follows that persons of retirement age do not have any benefits. Along with this, the Tax Code of the Russian Federation states that transport tax is a regional payment. And he is able to have his own characteristics. So, it cannot be said whether pensioners (Ministry of Internal Affairs or ordinary citizens) pay the transport tax. What do lawyers think about this?

Regions and features

People with a law degree indicate that each community has its own rules. Somewhere pensioners pay for cars, somewhere not. Nevertheless, it is difficult to predict. We have to clarify this information in the administration and tax authorities of each city.

If this factor is not taken into account, the answer to the question of whether a retired labor veteran should pay the transport tax will be positive. According to the established rules, taxpayers are required 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. Moreover, as practice shows, it is necessary to be interested in information annually.

tax pensioner benefit

"Tax-pensioner-benefits" 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.

However, citizens are entitled to some benefits. They, as already mentioned, depend on the rules in certain regions of the country. Accordingly, sometimes taxpayers can expect either a discount or a full exemption from taxes for vehicles owned by them. This is a normal occurrence.

Frequent practice

Should a senior citizen pay transport tax? The most common phenomenon is the situation in which elderly citizens are fully exempted from the payment being studied. This means that you do not need to pay taxes for the 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 pensioner citizen who has several vehicles is entitled to a tax exemption for one of them. But the choice of payment that a person wants to get rid of remains with the owner of the property.

transport privilege

Payment discount

There is a slightly different benefit. Transport tax for people of retirement age is not abolished in some cities. Instead, the population is given a discount on tax in one size or another.

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

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

Full release

The next nuance to which it is recommended to focus attention is 100% benefits for car taxes. They are installed at the federal level. This means that the following persons may not pay taxes that came to them for vehicles.

transport tax senior citizen

Who are the beneficiaries in this area? Today it is:

  • order bearers;
  • Heroes of the Russian Federation and the USSR;
  • parents / guardians of disabled people (children);
  • all people whose cars have a capacity of less than 70 liters. from.;
  • families officially recognized as having many children;
  • people accompanying and transporting disabled people, if the vehicle is equipped for citizens with special needs;
  • disabled nuclear testers;
  • "Chernobyl".

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

Right to eat - tax comes

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

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

Why do this? So that receipts do not come in the name of the old man. In Russia, transport tax benefits are declarative. In other words, the cities provide only the right to a discount or full exemption from payment. And already directly the pensioner decides whether to realize such an opportunity or not.

Do I need to pay transport tax to pensioners

So, if a pensioner receives payments for a car, you need to report the availability of benefits to the tax authorities. Until this time, it will be necessary to transfer funds to the state treasury. Or ignore incoming receipts. But to act in this way is not recommended - for a citizen who has not reported benefits, debt will be credited. This is not the best phenomenon.

The procedure for applying for benefits

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

For exemption from the studied payment (if it is provided for by regional rules) it is required:

  1. Collect a specific package of documents. About it will be told a little later.
  2. Contact the tax authorities at the place of registration of a citizen of retirement age with collected papers and a standard form statement. The finished form can be remembered at home.
  3. Wait for approval of the provision of benefits. More precisely, a response from the tax authorities that the service is informed about the exercise of the rights to a discount or full exemption from tax on a 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 apply for a refund. This procedure is also carried out in tax.

About Documents

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

  • identity card (preferably a passport);
  • certificate of registration (if a civil passport is provided, this paper is not needed);
  • certificates of ownership of all cars;
  • application of the established form for the provision of benefits (if there are several cars, it is necessary to register a car to which the "bonus" applies);
  • SNILS;
  • TIN (preferably);
  • pension certificate (if any);
  • documents indicating the special status and benefits of the Federal level (if any).

whether pensioners of the Ministry of Internal Affairs pay transport tax

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

  • tax receipts;
  • details of the account to which the funds are transferred.

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

Source: https://habr.com/ru/post/G17017/


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