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Violation of traffic rules, incorrect behavior on the road, disobedience to the requirements of traffic controllers and other mistakes will certainly entail punishment, which can take a very different form. Most of the sanctions are administrative in nature, which does not motivate violating drivers to rush to comply with them. And it’s completely in vain, because non-payment of the traffic police fine is nothing more than evasion of punishment. Responsibility for it is provided for in Art. 20.25 Administrative Code of the Russian Federation.

How long does it take to pay the fine

Due to ignorance of legal issues, many believe that 1 month is given to make a payment according to the receipt issued by the inspector. In fact, in the Russian Federation there are somewhat different deadlines. It should be remembered that if you do not pay the traffic police fine within 60 days (a year, more than a year), a new penalty will certainly follow, or even a more severe punishment. So, the law regarding the time frame provides for the following:

• the countdown of the period allotted for the payment begins only 10 days after the receipt has been issued. These 10 days are given to the violator to file a complaint if he does not agree with the actions of the inspector and does not consider himself guilty;
• on the basis of the current law of December 22, 2014 No. 473, the term for payment of the imposed penalty is set at 60 days. Their countdown begins only after the expiration of the period intended for appeal.

Thus, it turns out that the period for non-payment of the traffic police fine within the limits permitted by law is not one month, but as much as 70 days.

In addition, a fined citizen can count on some concessions. If it is difficult enough to make a payment in one amount, he can file a petition with the court or with the traffic police representative who is considering this case, so that:

• defer payment for another month;
• get an installment plan for a period not exceeding 3 months, which will be a good way out of the situation if there are a lot of fines from the traffic police.

No less important are the changes that have been introduced since the beginning of 2016 and relate to some preferences for drivers who have fallen into the field of view of the law. So, payment of traffic police receipts from January 1, 2016 is possible at a discount.

If the driver pays the due amount within 20 days from the date of the decision, he can expect that the penalty will be reduced by exactly 50%.

This rule does not apply only to three types of violation:

• drunk driving;
• harm to health of mild or moderate severity;
• when repeatedly exceeding the speed of more than 40 km / h.

What to do with late payments

Russian legislation provides for a statute of limitations for each type of punishment. The administrative penalty for violating the rules of the road is no exception. So, what to do if you did not pay the traffic police fine on time?

Article 31.5 of the Code of Administrative Offenses of the Russian Federation states that if the imposed penalty has not been paid within two years, it is no longer subject to execution. To this period must be added 10 days, which are allotted for appeal.

That is, in a hypothetical situation, when the issued receipt was not paid, and the state represented by the executive services did not notice this, after a two-year period, such a debt is simply canceled. What does an overdue traffic police fine mean in this case? Nothing, because it has no legal force.

In addition, there are also lucky ones who are exempted from paying punishment on completely legal grounds:

• if the decision to impose a penalty was not issued within two months from the date of the fact of violation of traffic rules;
• if the case was considered by the court and more than three months have passed since the violation.

But do not forget that after the allotted period of 70 days, the case of violation is transferred to the bailiffs, who will certainly monitor the fulfillment of your obligations to the state. For this reason, it is better not to bring the matter to a critical point and still pay the receipt. Moreover, today it can be done in a variety of ways and in a matter of minutes.

In addition, the attorney service of our partners will be able not only to indicate your unpaid traffic police fines, but also provide you with information about the presence of debts on loans, alimony, housing and communal services and other things, and also assess the likelihood of a ban on flying abroad.

Is it necessary to pay

If no action was taken by the executive service, we can assume that the punishment is no longer valid. For this, a certain time period must pass.

But there are several controversial points in this issue:

• if a malicious non-payer was discovered by state bodies in a given situation, the statute of limitations may be canceled and the penalty will regain its force;
• if the driver received a deferral or installment plan, the statute of limitations is extended by this time.

When deciding for yourself whether it is necessary to pay overdue traffic police fines, you should always remember that all information is carefully stored in the electronic database of the state. The first time this information comes up, it could make travel impossible.

There is no chance of avoiding responsibility for those who, in addition to financial punishment, have been deprived of a driver's license. In this case, it will be impossible to return the certificate until the receipt issued to the violator is paid.

What is the danger of non-payment

So, what happens if you do not pay a fine to the traffic police? This issue, perhaps, worries drivers even more than the very fact of violating traffic rules on the road, which could result in more serious consequences than just a monetary punishment.

The consequences for a negligent debtor are described in article 20.25 of the Code of Administrative Offenses of the Russian Federation, which states what kind of punishment threatens for unpaid fines in 2019:

• doubling the amount of the penalty (but not less than 1 thousand rubles);
• compulsory community service for 120 hours;
• arrest for at least 15 days.

Taking into account the use of modern technologies to control the traffic situation today, the question is quite relevant, what will happen if you do not pay traffic police fines from cameras? Indeed, today more and more drivers receive “letters of happiness”. And there is good news here: if the violation was recorded solely by technical means, an administrative arrest for non-payment of the traffic police fine cannot be applied to the perpetrator; only the first two penalties threaten him.

As for the monetary penalty, in the case when it comes to the amount of 500 rubles, increasing it to 1000 will not hit the violator's pocket hard. But what will happen if the traffic police fine of 30 thousand is not paid on time? To begin with, let's remember for which violations such a considerable amount is provided:

• driving under the influence of alcohol;
• refusal to undergo a medical examination;
• transfer of control of the car to a person who is in a state of intoxication;
• the use of alcoholic beverages, narcotic and psychotropic drugs after an accident before the start of a medical examination.

All these offenses entail fines of 30 thousand rubles and deprivation of the right to drive a car for a period of 1.5 to 2 years. At the same time, failure to pay the traffic police fine for deprivation of rights in 2019 on time can have rather negative financial consequences:

• the violator will have to pay 30 thousand of the main debt;
• to this will have to add twice the amount of the fine, which will amount to another 60 thousand.

Thus, the fine for an overdue traffic police fine will increase three times, and the driver will have to look for not thirty thousand, but all ninety thousand in his budget. At the same time, the attitude of judges towards such desperate non-payers cannot be called favorable. If it is not possible to pay the issued receipt, the answer to the question of whether they can be imprisoned for 15 days for non-payment of the traffic police fine will be in the affirmative. This is exactly what the authorized body will do.

With regard to compulsory work, they will have to allocate approximately 2.5 months of their lives. Indeed, according to Russian law, Russians can devote no more than 12 hours a week to useful work assigned as a punishment.

As such, the deprivation of a driver's license for non-payment of fines in 2019 is provided by law only when the amount of the debt exceeds 10 thousand rubles. In this case, the court has the right to suspend the validity of the certificate until the debt is paid off. But if the driver still tries to avoid punishment, the court will legally apply one of the following measures to him:

• seizure of property (at the same time, it will be assessed not at its real value, but in the way the state deems it necessary);
• arrest of bank accounts;
• prohibition to leave the country.

Thus, the first thing that threatens the fact that the traffic police fine has not been paid is constant communication with bailiffs. After all, it is they who are given the solution of this issue, if during the period allotted for payment (70 days) the money from the fined person did not enter the state treasury.

So, late payment of the traffic police fine has quite serious consequences. However, there is a way to negotiate with the state. To do this, the applicant must apply to the court with a statement: it should state the circumstances for which it is impossible to deposit a large amount immediately. A proof of income must be attached to the application.

Having considered the case, the court may well make a positive decision. But do not forget that this should not be done when you have exhausted all possible deadlines and played the “find me” game with the state, but while the law is still on your side.

Alternatively, you can wait two years. What will happen in this case if the payment of a fine from the traffic police is overdue, and the liquidity limit of the sanction has been exhausted? You will be lucky only if you are simply not remembered. If the bailiffs came, but you were not at home, then the limitation period can be doubled.

What to do if the inspector stopped

Thanks to the same electronic database, today you can find out about your outstanding obligations in a matter of seconds. This can be done by the traffic police inspector, stopping you in case of a new traffic violation.

And here a quite reasonable question arises: can an unpaid traffic police fine have consequences if you were stopped by a traffic police officer? Alas, arrest for 15 days or doubling the amount of the fine may well become a reality. But there are several "buts" in this matter:

• if at the time of communication with the inspector the 70 days allotted to you have not yet expired, feel free to promise your interlocutor to pay the debt today. In this case, he cannot take any measures against you;
• if the payment was still late, the inspector must draw up a report on the spot in relation to you, which is transferred to the appropriate police department; from there, after the initiation of the case, the document will be submitted to the court.

It is important to know: only the court has the right to determine the measure of punishment, and not the inspector who stopped you.

If during the verification of documents it suddenly turns out that you have a debt, but at the same time you live in another city or region, the police representative does not even have the right to draw up a protocol. All he can do is report the fact to the nearest branch and indicate your personal data.

Thus, the answer to the question of whether traffic police officers have the right to detain for an unpaid fine: no, they do not. Only the court has such powers.

If the matter went to court

So, you decided not to pay a fine, or simply, for various reasons, did not have time to pay the due amount. What will happen if you do not pay a traffic police fine, we have already found out. Now you need to figure out how to avoid trouble.

After the period of 70 days allotted for making payment, the case is transferred to the bailiffs. This event has 10 more days. This means that you have one more small time period in reserve to correct the situation. If you manage to pay off the debt within this period, there is a chance that the matter will never reach them.

Information about the inspector who is handling your case can always be found in the letter you receive from the court about your debt. Do not be afraid to call this person or seek a meeting with him. The payment procedure is not complicated. You just need to take the coordinates from the bailiff, where to transfer the funds, and carry out the operation in any way convenient for you.

It goes without saying that automatically all sanctions against you will not be lifted. So, for example, if you have been restricted from traveling abroad, then it will take at least a month to restore this right. The surest thing will be to meet your bailiff again after making the payment and show him the paid receipt. So the mechanism for lifting restrictions will be launched faster.

If it was not possible to avoid going to court, it is important to remember that there are a number of situations when you can hardly be called an attacker. So, for example, the following prevented you from paying the receipt on time:

• long business trip;
• serious illness;
• arrest on charges of another offense;
• forgetfulness without malicious intent. Please note that it will be extremely difficult to prove this circumstance.

In any case, in order to prove your innocence, you will have to attach documents containing weighty arguments to the application.

New traffic police fines: Video

; pp. 57, 61 of the Resolution of the Plenum of the Supreme Arbitration Court of July 30, 2013 No. 57 (hereinafter referred to as the Resolution No. 57) .

It would seem that everything is simple, but questions about the calculation of penalties still arise. We will answer some of them in our article.

Penalty if there is an overpayment

E.K. Stepanova, Moscow

In the current period, we discovered an underestimation of revenue in the 4th quarter of 2013. We are going to file revised declarations for VAT and income tax. We do not need to pay additional taxes, because today and at the end of 2013 we have and had an overpayment on these taxes, which will cover our underpayment. Do I need to calculate and pay penalties in this case? And if necessary, how to calculate them, because there were no delays in tax payments.

: There is no need to accrue and pay penalties. They are charged only if there is a arrears. So, if a company has an overpayment (in the front card of settlements with the budget), which is equal to the amount of tax payable or covers it, then in fact there is no debt to the budget. sub. 5 p. 1 art. 21, art. 78 Tax Code of the Russian Federation. The tax authorities can offset the overpayment against the arrears on their own, without the application of the taxpayer. paragraph 5 of Art. 78 Tax Code of the Russian Federation. After the offset, the budget does not bear any losses Definition of the Constitutional Court of May 29, 2014 No. 1069-O. Therefore, no penalties are charged in this case.

By the way, there are no official clarifications of officials on this issue. And the courts recognize as illegal the accrual of penalties by the inspection in the presence of overpayments Decrees of the FAS Central Organ of March 28, 2014 No. A09-1913 / 2013; FAS DVO dated November 27, 2013 No. F03-5475 / 2013; 4 ААС dated 26.09.2013 No. А78-927/2013.

Penalty before making a decision on offset

T.V. Morozov, Novosibirsk

We had an overpayment of income tax, which we wanted to offset against VAT. We calculated VAT for the 4th quarter of 2015 and on January 20, 2016 submitted an application to the inspectorate for offsetting the overpayment. The inspectorate made a decision on the offset only on January 29, that is, later than the deadline for paying VAT. Can the tax authorities charge us penalties?

: Yes, there is such a possibility. To offset the existing overpayment against future tax payments, an application from the taxpayer is required. paragraph 4 of Art. 78 Tax Code of the Russian Federation. After all, the tax authorities do not know exactly what amount of the overpayment and against which tax you want to offset. Inspection for making a decision on the application is given 10 working days from the date of its receipt paragraph 6 of Art. 6.1, paragraph 4 of Art. 78 Tax Code of the Russian Federation. In this case, the obligation to pay tax is considered to be fulfilled from the date of the decision to offset e sub. 4 p. 3 art. 45 Tax Code of the Russian Federation. From this, the Ministry of Finance concludes that if the decision on the offset is made after the expiration of the established period for paying the tax, then such tax has not been paid on time. And before the date of the decision on the offset (if it is made within the specified 10-day period), you will have to pay penalties Letters of the Ministry of Finance of July 25, 2011 No. 03-02-07 / 1-260, of August 2, 2011 No. 03-02-07 / 1-273. But the judicial practice on the issue of accruing penalties before the date of offset in the presence of an overpayment is contradictory. The latest decisions were made in favor of the tax authorities in Decree of AS ZSO dated May 26, 2015 No. F04-18993 / 2015.

By the way, if the IFTS did not meet the 10 days allotted for making a decision on offset, then the penalties will still be collected, because the tax was not paid on time articles 44, 45 of the Tax Code of the Russian Federation. The question here is only in the period of their accrual. Here is what the FTS explained to us about this.

FROM AUTHENTIC SOURCES

Counselor of the State Civil Service of the Russian Federation, 2nd class

“According to the provisions of art. 44 of the Tax Code of the Russian Federation in correspondence with Art. 78 of the Tax Code of the Russian Federation, the obligation to pay tax ceases on the day a decision is made to set off the overpaid tax. At the same time, in accordance with Art. 75 of the Tax Code of the Russian Federation, penalties are subject to accrual for each calendar day of delay in fulfilling the obligation to pay tax. In this regard, since the Tax Code of the Russian Federation does not establish otherwise, penalties are charged before the date of the decision on offset, even if the inspection violates the deadline provided for in paragraph 4 of Art. 78 of the Tax Code of the Russian Federation”.

Of course, such a position is extremely disadvantageous, especially since no interest is accrued in favor of the taxpayer for violation of the deadline for making a decision on offsetting overpaid amounts. paragraph 2 of Art. 78 Tax Code of the Russian Federation. So, you need to apply early.

Penalty in case of non-payment of a penalty fee when submitting a clarification with an increased tax

V.E. Pavlova, Tver

Our organization submitted an amended VAT return, the amount of tax payable was paid before the submission of the clarification, but we did not calculate and pay the penalty. Can an organization be held liable?

: Yes, after conducting a desk audit of the revised declaration, your company may be fined for non-payment of tax on time Art. 122 Tax Code of the Russian Federation.

After all, when submitting a clarification, the taxpayer is released from liability, in particular, on the condition that before its submission he paid the missing amount of tax and the corresponding penalties for the period of delay and sub. 1 p. 4 art. 81 Tax Code of the Russian Federation. And if the debt on penalties is not repaid, then there are no grounds for exemption from the fine Clause 3 of the motivational part of the Definition of the Constitutional Court dated 07.12.2010 No. 1572-О-О.

The courts have been of the same opinion Resolutions of the AS SZO dated 12/18/2014 No. A56-15646 / 2014; AS UO dated 10/03/2014 No. F09-6030 / 14; ; FAS MO dated 14.08.2013 No. A41-20951 / 12.

At the same time, the submission of revised declarations and the payment of arrears can be taken into account as circumstances mitigating liability. Resolutions of the Presidium of the Supreme Arbitration Court dated April 26, 2011 No. 11185/10; AC SZO dated December 18, 2014 No. A56-15646 / 2014; FAS ZSO dated 06/25/2013 No. А81-1410/2012. That is, the amount of the fine under Art. 122 of the Tax Code of the Russian Federation can be reduced by at least two times sub. 3 p. 1 art. 112, paragraph 3 of Art. 114 Tax Code of the Russian Federation.

Previously, there were opposite decisions in which the judges pointed out that the fact of non-payment of penalties before the submission of an updated declaration does not in itself constitute an offense established by Art. 122 Tax Code of the Russian Federation Decrees of the FAS SZO dated August 29, 2011 No. A56-42827 / 2010; FAS UO dated 01/24/2011 No. Ф09-11435 / 10-С3; FAS SKO dated 09.08.2010 No. А53-30147/2009.

Accrual of penalties to a tax agent

A.P. Sergeeva, Vladimir

After the dismissal of the employee in 2015, it was discovered that personal income tax was not withheld from part of the income paid to him. Can penalties be collected from the company as a tax agent in this case? If yes, for what period?

: Yes, penalties may be charged from the company paragraph 5 of Art. 24, paras. 1, 7 art. 75 Tax Code of the Russian Federation. This is indicated by the courts, including the Supreme Arbitration Court clause 2 of Resolution No. 57; Resolutions of the Presidium of the Supreme Arbitration Court dated 12.01.2010 No. 12000/09; FAS SKO dated 06/17/2014 No. A32-11484 / 2012; FAS PO dated January 23, 2014 No. А06-3662/2012.

As you know, if for some reason a tax agent did not withhold personal income tax from the paid income, he is obliged, no later than March 1 of the year following the year of payment of income, to inform the former employee and the tax authority at the place of his registration about the impossibility of withholding tax and the amount tax a paragraph 5 of Art. 226 Tax Code of the Russian Federation. Having received such a message, the employee must himself, no later than July 15 of the year following the expired year, calculate and pay tax in the budget t sub. 4 p. 1, p. 4 art. 228, Art. 216 Tax Code of the Russian Federation.

Therefore, penalties are accrued to the tax agent for the period from the date when he had to withhold and transfer tax to the budget, until July 15 of the next year paragraph 2 of Resolution No. 57.

And the FTS has its own view on this issue. Not so long ago, officials expressed the opinion that the tax authorities have no reason at all to collect penalties from a tax agent who did not withhold personal income tax Letter of the Federal Tax Service dated 04.08.2015 No. ED-4-2/13600. Although a little earlier they stated that penalties for the amount of unwithheld personal income tax are not charged to a tax agent only if he promptly informed the Federal Tax Service Inspectorate of the impossibility of withholding personal income tax Letter of the Federal Tax Service of August 22, 2014 No. SA-4-7 / 16692.

However, we recall that when the written explanations of the Federal Tax Service on the application of tax legislation are not consistent with the acts of the highest judicial bodies, then the tax authorities should be guided by the acts of the highest courts in Letter of the Ministry of Finance dated November 7, 2013 No. 03-01-13/01/47571 (sent for information and use in work by Letter of the Federal Tax Service dated November 26, 2013 No. GD-4-3/21097). Thus, if, despite the timely notification of the inspectorate about the impossibility of withholding personal income tax, the tax authorities still charge you penalties, then you will most likely not find support in court.

Penalties for clarification filed after the on-site inspection

N.V. Poricheva, Voronezh

According to the results of an on-site tax audit of our organization, it was denied acceptance for VAT deduction for the 1st quarter of 2015. The deduction was declared in the quarter of the invoice, and the goods actually arrived in the next quarter. We were charged fines and penalties. After the IFTS made a decision, we submitted an updated tax return for VAT for the II quarter of 2015, that is, we declared a deduction in the period of receipt of goods. The fine has been paid in full. We believed that the tax inspectorate should recalculate the amount of penalties, taking into account the reduction in the period of arrears according to the revised declaration. But the IFTS replied that the amount of penalties under the act is not reviewed. Is the tax office correct?

: Law Inspection. Unfortunately, the Tax Code of the Russian Federation does not contain rules on reviewing by the inspectorate the decision to hold liable for non-payment of tax issued as a result of an on-site inspection, in the event of a subsequent submission of an updated declaration in which the amount of tax payable is reduced.

Yes, and the judges also come to the conclusion that the submission of an updated declaration after the completion of the on-site inspection does not affect the legality (illegality) of the decision made on it, because the inspection could not take into account the updated data Decrees of the FAS SZO dated March 28, 2014 No. A56-49359 / 2011; 19 AAS dated October 24, 2013 No. A48-2528 / 2013; FAS SZO dated November 29, 2012 No. А13-5425/2011. In addition, the submission, after the decision is made, of revised declarations for the period of verification does not refute the fact that an offense has been committed and does not cancel the need to fulfill the obligation both to pay tax and to pay penalties.

Punishment for non-payment of a fine

S.V. Trushina, Saratov

Our company did not submit its tax return to the IFTS on time. As a result, we were fined. Are penalties charged on a fine if we do not pay it on time?

: Not. The obligation to pay interest arises in the event of late payment of taxes or dues. paragraph 1 of Art. 75 Tax Code of the Russian Federation. A fine is a measure of tax liability, and not a tax (fee), therefore, in case of a delay in paying a fine, penalties are not charged. As soon as the deadline for paying the fine has passed, the tax authorities will begin to collect it in an indisputable (out of court) procedure at the expense of money in current accounts, electronic money, or at the expense of the property of your organization. articles 46, 47 of the Tax Code of the Russian Federation.

All owners of vehicles of various types and categories should be aware that after registration of this property, they are charged with the payment of transport tax.

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

Certain penalties are awarded for non-payment of vehicle tax. This is known to everyone, but not everyone knows what threatens non-payment of transport tax, that is, what needs to be done to avoid paying the prescribed penalty.

This article provides information regarding the deadlines for paying tax in 2019, whether there are particularly important points that you need to pay attention to.

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

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

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

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

All this was accompanied by some inconvenience, therefore 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 amount of payment at home, that is, you will not have to deal with independent calculations.

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

Here are the most basic ones:

1. The information contained in the technical passport of the vehicle is taken into account. As a rule, this is the amount of horsepower installed by the engine.
2. The 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 asset was owned.

As for the deadlines for paying taxes, the need to do this before October 1. These are the terms set at the legislative level.

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

Each person who has a personal vehicle at his disposal should know what sanctions can be imposed for tax amounts not received on time.

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

• imposition of a fine;
• accrual and withholding of fines;
• attachment of the property of a citizen who owes;
• withdrawal of cash to pay off debts;
• ban on travel to the border;
• withholding a certain amount from the monthly salary, which is credited to a bank card.

If the tax authority has filed a lawsuit and requires the recovery of all unpaid amounts, as well as fines and penalties through regional courts, you should know that it has every right to do so.

The amount of such an amount may be different, it varies in direct proportion to the time of delay, from the points listed above. When accruing, the rules are used - a fine for non-payment of transport tax is charged 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 limitation periods; it can be filed with the court no later than 6 months after all the stipulated and declared deadlines for the payment have expired.

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

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

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

Many are interested in whether a car can be arrested for non-payment of transport tax. Here you can give a positive answer - the court may well make such a decision.

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

Video: What is the risk of non-payment of 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 the subsequent delay.

The penalty itself is charged at the moment when the non-payer decides to pay the amount of the previously established tax and penalty that was assigned.

The penalty is calculated according to the following formula:

1. The amount of non-payment of tax.
2. The total number of days that have passed since the delay began.
3. Percentage of penalty accrued.
4. The total amount of debt.
5. Regional refinancing rate.

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

In especially neglected situations, the tax authorities go to court, which will either lead to the seizure of property or to a deduction from personal bank accounts.

All this is quite unpleasant and is much longer and more difficult to eliminate than a simple annual tax payment.

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

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

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

To make it clearer how the penalty for transport tax is calculated, consider the following example:

If a person had to pay 2,000 rubles for a transport tax, but did not make a payment for 3 months, the amount with accrued penalties will be - 2,000 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 together with the tax. If a fine was also imposed, 400 rubles will need to be added to this amount.

If for some reason the penalty amount has not been paid, the person may be held liable 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 start enforcement proceedings on overdue tax.

Based on all of the above, we can conclude that non-payment of transport tax threatens with 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 has occurred, it is worth notifying the tax service employees about this. Otherwise, you will have to spend a lot of time and nerves challenging the court decision through the court.

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

Here is the easiest way to get this kind of information:

1. It is necessary to register on the website of the State Service. For this purpose, personal data, a telephone number as well as an e-mail address are required.
2. Passport data is filled in, as well as TIN and SNILS.
3. The “Tax debt” service is selected, and then the “Get service” button is pressed.
4. Examining the given result.

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

Entering personal data will be enough to receive simple informational assistance in entering data; for more complex services, it is worth going through a more thorough identity verification.

Very often, drivers face the need to go to court on their own because of their disagreement with the requirements presented by the tax service.

Due to previously outdated information data in the modern tax office, accruals can be awarded for a vehicle that is no longer at its disposal, as well as for a stolen vehicle.

Bailiffs will definitely require documentary evidence of the words and situations of the applicant. These may be certificates issued by the police and confirming the theft of the vehicle.

You can also provide extracts 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 defer.

Penalties cannot be issued for the following categories of people:

1. Received material damage due to a natural disaster.
2. Has employment in special seasonal activities.
3. A person who becomes bankrupt after paying a fine, penalty or tax at the same time.
4. If he did not receive funds for maintenance from the employer or from the state, if he is 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 proved, fines and penalties will be canceled in court.

Summing up

Like all modern state-appointed taxes, transport must be paid in a timely manner, preferably without any additional charges.

It is worth remembering that a 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 come.

Video. ○ Roadside checks. Traffic police inspectors in stationary road complexes and subdivisions involved in registration, issuing documents when buying and selling a car are also called upon to identify the debtor and check the fine. A check against the traffic police database will show all unpaid amounts and the offender may be detained for the duration of the trial. The situation when the traffic police fine is overdue, possible consequences Overdue fines of the traffic police A monetary penalty that was issued by a traffic police officer for violating traffic rules, but not paid before the expiration of the period established by the legislation of the Russian Federation, is considered to be an overdue fine. A person who allows such debts runs the risk of experiencing the application of sanctions, which are provided for in the Code of Administrative Offenses.

Limitation periods and payment of fines. penalties for delay and non-payment on time.

Overdue traffic police fines A monetary penalty that was issued by a traffic police officer for violating traffic rules, but not paid before the expiration of the period established by the legislation of the Russian Federation, is considered to be an overdue fine. A person who allows such debts runs the risk of experiencing the application of sanctions, which are provided for in the Code of Administrative Offenses.

Many drivers mistakenly believe that the deadline for paying a monetary penalty is 30 days. In fact, this period is 60 days, which, in turn, come into force after the expiration of the time allotted by the state for appealing against this punishment (10 days).

Overdue traffic police fine - what to do?

If the fact of concealment is proved, then the overdue fines will have to be answered, and therefore, to be punished. The period of 2 years is approximate. When calculating the limitation period, the period of transfer of the case to the court, the process of sending and receiving letters is taken into account.

Important

If the bailiffs got to the debtor, it is worth checking the statute of limitations - perhaps their requirements are quite legal. What to do if the payment of the traffic police fine is overdue? In the mailbox Resolution on the traffic police fine.

Attention

And it doesn’t matter if you were detained by a traffic police officer or tracked by the now ubiquitous cameras. What is the deadline for paying it or not paying it at all, and what will happen for it? A small but capacious educational program in the article, read below. Contents of the article ○ Checks on the roads.

○ Statute of limitations / validity of traffic police fines. ✔ Calculate the statute of limitations. ○ How long does it take to pay the fine? ○ Punishment and liability for overdue fines. ○ Statute of limitations for video-photo cameras.

How much is the penalty for delaying the traffic police fine

In the mailbox Resolution on the traffic police fine. And it doesn’t matter if you were detained by a traffic police officer or tracked by the now ubiquitous cameras. What is the deadline for paying it or not paying it at all, and what will happen for it? A small but capacious educational program in the article, read below. Contents of the article ○ Roadside checks. ○ Statute of limitations / validity of traffic police fines. ✔ Calculate the statute of limitations. ○ How long does it take to pay the fine? ○ Punishment and liability for overdue fines. ○ Statute of limitations for video-photo cameras. ○ Video. ○ Roadside checks. Traffic police inspectors in stationary road complexes and subdivisions involved in registration, issuing documents when buying and selling a car are also called upon to identify the debtor and check the fine.
A check against the traffic police database will show all unpaid amounts and the offender may be detained for the duration of the trial.

What threatens the delay of the traffic police fine

This was possible due to the fact that the driver delayed his payment for a long time (about 2 years), and this offense was not noticed by either the bailiffs or the executive authorities. Under such circumstances, there is only one thing left - to forget about the monetary penalty due to the expiration of its validity. Today, such a phenomenon is very rare, and if you want to save money in this way, you run the risk of acquiring another administrative offense, for which you also have to pay. It will be very insulting, not wanting to pay 500 rubles, if you are forced to do community service or, worse, to arrest.
In order not to have to worry in the future due to an overdue fine, it is important to pay it on time. This will save you a lot of time and money.

What to do if the payment of the traffic police fine is overdue?

Important Back to content Video “Expiration date” of a car fine. Victor Travin tells in the program “Right of the rudder” on Autoradio.
Back to content Published by: Vadim Kalyuzhny, TopJurist.RU specialist If not, then ask our lawyers: 17 lawyers ready to answer now. Overdue traffic police fine - what to do? The first day of the countdown will be a stamp on the return of the letter.

Read also What to do in a situation where you have paid a traffic police fine and there is a receipt, but it still hangs in the database. If you don’t pay there are people who believe that the administrative protocol was drawn up illegally. do not pay. The possibility that it can “carry through” and not have to pay is minimal.
The statute of limitations is 2 years, but only on the condition that the debtor did not hide from the bailiffs.

The situation when the traffic police fine is overdue, the possible consequences

For starters, it is important when exactly the payment was made. It takes up to 14 days to transfer funds, so you should not worry ahead of time. What if there is a fine? If it is listed, you need to remember whether there was a violation. To do this, you need to study the decision. If there was an incident, you need to make a payment as soon as possible. If you do not pay it, the consequences will be unpleasant. Read also Actions in a situation where the fine has been paid and the case has been referred to the bailiff service If the situation with the violation could not be recalled, and the driver drives according to the rules, you can try to challenge the fine. It's hard, but real. Payment Before you pay the overdue traffic police fines, you need to clarify the amount, because the penalty could double, increase the penalty. You will also need payment details, which should be on the receipt.

How is an overdue traffic police fine paid?

Any payment methods - the fact that it is overdue does not affect the method of making a payment. The methods are as follows:

• at the bank branch through the cash desk;
• through an ATM or self-service terminal;
• using the websites of the traffic police or the State Service;
• using internet wallets.

If you pay outside the bank, the commission may be higher.

If the fine is substantial, then it is more profitable to pay it through the bank. Regardless of the method of making a payment, it is necessary to check the details and accounts for transferring the amount so that there are no problems in the future. Conclusion Delays in payment of fines occur for various reasons: someone has financial difficulties, and someone does not know about the recovery. Some people think that you don’t need to pay small penalties, but by accumulating such 10 pieces, you can block the border for yourself, so it’s better to make payments on time.

Deadline for payment of a traffic police fine and punishment for non-payment

For example, for overtaking under a prohibition sign, crossing a double "solid" road, driving along a one-way street towards traffic participants, etc.

• The longest period for issuing a Resolution - a calendar year is assigned according to Article 12.8 of the Code of Administrative Offenses of the Russian Federation, part 1: “Driving a vehicle by a driver who is intoxicated, if such actions do not contain a criminally punishable act.” Part 2 “Transferring control of a vehicle to a person, being in a state of intoxication.” and part 3 “Driving a vehicle by a driver who is in a state of intoxication and does not have the right to drive vehicles or is deprived of the right to drive vehicles.”

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

A fine is a type of penalty, which 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. Such a measure is often applied to a debtor who did not wish to pay a penalty (for example, under a loan agreement).

Do not confuse a fine as a type of compensation with a fine in a general sense. The second option involves a monetary penalty for a criminal or administrative offense. A fine is imposed if the subject violates all-Russian or local laws (he made noise in the apartment after 23-00 and interfered with his neighbors, staggered through 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 forfeit. These include banks, microfinance companies, etc.

What is a forfeit?

penalty, according to Art. 330 of the Civil Code of Russia is the amount established by law or contract, which the debtor undertakes to pay to the creditor in case of default on financial obligations. The amount of this penalty is always fixed, and the punitive measure comes into effect from the very beginning of the delay in payments. The measure of recovery under the contract differs from the same type of penalty under the law.

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

A statutory penalty 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 punitive measure. Legal assistance and the intervention of independent experts are usually needed to establish the circumstances of the process. According to the law, the amount of compensation payment cannot be reduced by agreement of the parties, but only increased.

Reference! The laws of the Russian Federation do not provide for limits for reducing the penalty. In the activities of the judiciary, there is only a standard - the minimum amount of recovery is equal to the double refinancing rate of the Central Bank of the country. 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 a penalty fee is manifested in a number of characteristics. This compensation:

• can be written 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;
• charged due to improper performance of obligations in a certain amount;
• can be presented in two forms - under the contract and under the law.

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

• credit - partially compensates for losses;
• penalty - charged in excess of compensation for losses;
• exceptional - a penalty in a "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 forfeit, a fine and a penalty fee is not entirely correct, because legal science considers a fine and a penalty fee as a method of calculating a penalty. However, there are differences between the principles of accrual. So, the fine is set in a specific amount and collected once. But with foam, it's different.

What is foam?

Penalty - a type and consequence of a penalty relating exclusively to a 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).

Suppose the contract specifies the amount payable 5000 rubles no later than 14 days from the date of receipt of the acceptance certificate. 21 days pass, 30 days, a month and a half - and the payment has not arrived. The debtor begins to "drip" penalties in the amount of 0.5% of the amount owed. For a month and a half of delay, 1125 rubles accumulate, which must be paid along with the principal amount of the debt.

Attention! Penalties are charged only if there are grounds for this, prescribed in the contract. Otherwise, such charges are illegal.

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

Possibility of simultaneously claiming forfeit, penalty and fine

Simultaneous claim of forfeit, penalty interest and fine is not possible. So, it is impossible to immediately recover a penalty and a fine, since these measures of responsibility imply relations between different subjects:

• when imposing a fine, the subject (citizen) and the executive power appear in the case;
• the penalty is charged by an individual/legal entity from an individual/legal entity.

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

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

The difference between a forfeit, a penalty fee and a fine does exist, although in a 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 the contract, you should carefully study its terms and objectively assess the financial possibilities 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.