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Declaration of non use

  • 03-08-2018 5:01pm
    #1
    Registered Users, Registered Users 2 Posts: 5,863 ✭✭✭


    My tax is up at the end of the month.
    Under the old system I was still entitled to drive the car till the end of September.
    If I make a declaration of non use from end Sept, am I liable for september then ?


Comments

  • Registered Users, Registered Users 2 Posts: 16,066 ✭✭✭✭CiniO


    RobAMerc wrote: »
    My tax is up at the end of the month.
    Under the old system I was still entitled to drive the car till the end of September.
    If I make a declaration of non use from end Sept, am I liable for september then ?

    You were never entitled to drive until end of September if your tax expires end of August.

    These days you have to make off road declaration before tax expires so before end of August I assume in your case.


  • Registered Users, Registered Users 2 Posts: 5,863 ✭✭✭RobAMerc


    CiniO wrote: »
    You were never entitled to drive until end of September if your tax expires end of August.

    These days you have to make off road declaration before tax expires so before end of August I assume in your case.


    Hold on, are you telling me if I taxed my car on the 30 June for 3 months, I am no longer entitled to drive it till the end of September before I had to put it off the road? I dont think thats fair, as I only got 2 month use out of it.
    I also dont think its correct!


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    if your tax expires end August, you have to declare it off the road before it expires.
    You aren't entitled to drive an untaxed car, there is no month of grace, if you drive it in September, you'll have to pay the tax.


  • Registered Users, Registered Users 2 Posts: 16,066 ✭✭✭✭CiniO


    RobAMerc wrote: »
    Hold on, are you telling me if I taxed my car on the 30 June for 3 months, I am no longer entitled to drive it till the end of September before I had to put it off the road? I dont think thats fair, as I only got 2 month use out of it.
    I also dont think its correct!

    What is written on your current tax disc?

    If it's written 09-18 then you are entitled to drive until end of September.
    If it's written 08-18 then you are entitled to drive until end of August.


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  • Registered Users, Registered Users 2 Posts: 5,863 ✭✭✭RobAMerc


    This post has been deleted.

    No - if you went online and taxed a car on the 30 June for 3 months it would expire on 31 August - meaning you only got 2 months tax. This penalizes people for not taxing their car on the 1st of the month.

    there isnt a garda in Ireland that would do you for your tax running out in August in September - effectively giving you a grace period of 1 month.


  • Registered Users, Registered Users 2 Posts: 8,615 ✭✭✭grogi


    RobAMerc wrote: »
    there isnt a garda in Ireland that would do you for your tax running out in August in September - effectively giving you a grace period of 1 month.

    That has changed fortunately.


  • Registered Users, Registered Users 2 Posts: 16,066 ✭✭✭✭CiniO


    RobAMerc wrote: »
    No - if you went online and taxed a car on the 30 June for 3 months it would expire on 31 August - meaning you only got 2 months tax. This penalizes people for not taxing their car on the 1st of the month.
    That's a flawed logic.
    You tax it on 30th June after car being untaxed for nearly whole months.
    You pay for 3 months then, including June for which tax was never paid before, so it's normal for the tax to end by the end of August.
    there isnt a garda in Ireland that would do you for your tax running out in August in September - effectively giving you a grace period of 1 month.
    Maybe there isn't. Maybe there is. Who knows :)


  • Registered Users, Registered Users 2 Posts: 5,863 ✭✭✭RobAMerc


    grogi wrote: »
    That has changed fortunately.

    Whats fortunate about it?


  • Registered Users, Registered Users 2 Posts: 5,863 ✭✭✭RobAMerc


    CiniO wrote: »
    That's a flawed logic.
    You tax it on 30th June after car being untaxed for nearly whole months.
    You pay for 3 months then, including June for which tax was never paid before, so it's normal for the tax to end by the end of August.


    Maybe there isn't. Maybe there is. Who knows :)

    You are assuming the car was being used ?

    What if I bought my new/used car on the 25th of the month? By your logic I have to pay for the whole month anyway ?


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  • Registered Users, Registered Users 2 Posts: 16,066 ✭✭✭✭CiniO


    RobAMerc wrote: »
    You are assuming the car was being used ?
    If it wasn't used, it could have been declared off the road.
    What if I bought my new/used car on the 25th of the month? By your logic I have to pay for the whole month anyway ?

    You don't if you don't use it between 25th and end of the month.


    I don't say it's fair, but that's the system.


  • Registered Users, Registered Users 2 Posts: 73,499 ✭✭✭✭colm_mcm


    RobAMerc wrote: »
    No - if you went online and taxed a car on the 30 June for 3 months it would expire on 31 August - meaning you only got 2 months tax. This penalizes people for not taxing their car on the 1st of the month.

    there isnt a garda in Ireland that would do you for your tax running out in August in September - effectively giving you a grace period of 1 month.

    That was the case back in the days of the tax office too though, unless you lied to the guards and got the form stamped.


  • Registered Users, Registered Users 2 Posts: 3,788 ✭✭✭Neilw


    If you buy an untaxed car close to the end of the month you will be liable for tax for the entire month even if there are only a few days left.

    What you can do as soon as the car is transferred into your name is declare it off the road, you can cancel the off road declaration at any time by taxing it.
    So declare otr, don't use the car for a few days and come the 1st of the following month tax it for three months, you then have 3 full months of tax.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Do you internd to declare car off road so you can drive it for Septemeber without paying tax?
    So far I don't understand what you trying to achieve here.


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 5,140 ✭✭✭James Bond Junior


    I have two cars one of which is declared off the road at all times. This year I waited until July 1st to tax one and it is taxed until the last day of September. The other was declared off the road from the 1st of July but I will tax it on the 1st of September as I'll need it when I go back to work. It is rigid but it isn't open to abuse really anynore like it was.

    If you really want to complain about tax, think of us who have a large engined cars on the old system and pay well into the 4 figures just to drive them on and off.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    This post has been deleted.

    the difference now is that if you do get caught doing that, you'll have to pay all the back tax.

    The loophole that needs shutting is the ability to tax a car when it isn't NCTd


  • Registered Users, Registered Users 2 Posts: 2,907 ✭✭✭power pants


    A little silly to tax a car on the 30th of a month as that will be one of your 3 months

    So car tax will expire end of August

    Another handy tip is to look at your tax certificate. The date format is mm/yy


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    RobAMerc wrote: »
    No - if you went online and taxed a car on the 30 June for 3 months it would expire on 31 August - meaning you only got 2 months tax. This penalizes people for not taxing their car on the 1st of the month.

    there isnt a garda in Ireland that would do you for your tax running out in August in September - effectively giving you a grace period of 1 month.

    Firstly, if your current disc expires at the end of June and you pay for another 3 months, your new disc expires end of sept.

    As for the months "grace". Tell that to all the poor side who I dealt with while in the MTO who got stopped by AGS or had their cars siezed.


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    CiniO wrote: »
    If it wasn't used, it could have been declared off the road.



    You don't if you don't use it between 25th and end of the month.


    I don't say it's fair, but that's the system.

    He either pays the full month or declares it off the road.
    A SORD is just that, off the road. Not a way of driving without paying tax.


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  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    As for the months "grace". Tell that to all the poor side who I dealt with while in the MTO who got stopped by AGS or had their cars siezed.

    Whilst there is no grace period fot a fine (most Gardaí however apply their discretion and common sense and allow some sort of gracd period), there is legally a 2 month grace period before a seizure can be performed.


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    presumably driving whilst declared off road would trigger an automatic seizure.


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 4,544 ✭✭✭blackbox


    Inside the first 2 months?

    As far as I know, driving when declared off road is treated more seriously than simply having tax expired.


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 73,499 ✭✭✭✭colm_mcm


    blackbox wrote: »
    As far as I know, driving when declared off road is treated more seriously than simply having tax expired.

    That was part of the blurb when they were changing things but like the €1000 fine for holding a mobile phone, it’s another of these great sound bytes that aren’t actually happening in reality.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Isambard wrote: »
    presumably driving whilst declared off road would trigger an automatic seizure.

    Unfortunately not, seizure is based on tax out of date (2 months +) as opposed to contravention of the declaration.


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  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    blackbox wrote: »
    As far as I know, driving when declared off road is treated more seriously than simply having tax expired.

    No it's not and there is no offence of driving a vehicle whilst declared off the road, it is just the standard offence of driving with no motor tax.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    I know there is, or at least was only 1 way out of it, if the car is being brought to an NCT test centre as long as insurance is in force. That may have changed though.

    The NCT exemption is still the case and is the only exemption.


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    GM228 wrote: »
    Whilst there is no grace period fot a fine (most Gardaí however apply their discretion and common sense and allow some sort of gracd period), there is legally a 2 month grace period before a seizure can be performed.

    Can you post the legislation regarding the grace period for siezing a car?

    My experience from the other side of the counter says no!


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Can you post the legislation regarding the grace period for siezing a car?

    My experience from the other side of the counter says no!

    Section 41 (1)(c) of the Road Traffic Act 1994.

    http://www.irishstatutebook.ie/eli/1994/act/7/section/41/enacted/en/html

    Amended by S19 (b) of the Road Traffic Act 2006 to reduce the period from 3 to 2 months.

    http://www.irishstatutebook.ie/eli/2006/act/23/section/19/enacted/en/html#sec19

    Gardaí won't and legally can't seize until 2 months have passed.


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    That legislation is correct,It relates to seizing a vehicle. I think what is being asked for is legislation defining 'grace period' for driving without tax .

    I could be wrong however.

    What was asked was in relation to seizure:-
    Can you post the legislation regarding the grace period for siezing a car?

    There is no grace period for driving without motor tax.


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  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Registered Users Posts: 48 stanley1989


    Isambard wrote: »
    the difference now is that if you do get caught doing that, you'll have to pay all the back tax.

    The loophole that needs shutting is the ability to tax a car when it isn't NCTd

    Why would you support shutting this loophole ?? I don't understand why people support such nonsense rules


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    That's the biggie right there.

    Yes the seizure period was 3 months and changed to 2, can't remember when though.

    It changed from 3 to 2 months on 21st July 2006.


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    Why would you support shutting this loophole ?? I don't understand why people support such nonsense rules

    Well in that case they should scrap the rule that says you have to have a CVRT to tax a commercial. One or other of the rules is clearly nonsense.


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  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    Top man.

    It'll be reduced again I reckon in time to one month.

    Should be gotten rid of and continuous taxation brought in like in the UK.
    I know that it was being looked at in the last few years.


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    Such as if not declared off the road a fine is sent?

    Exactly. If its not taxed or declared, assume it's being driven untaxed.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    Exactly. If its not taxed or declared, assume it's being driven untaxed.

    And couple it with taking the responsibility for checking tax away from the Gards so that they can do more important stuff than Revenue Collection.


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