Is a declaration required when selling a car? I sold my car, do I need to file a declaration? Declaration of sale of the car. If you filed a return but did not pay the tax on time

This question and the situation in general are of interest to many. After all, if you fail to submit documents in the future, you can run into huge problems with the law. Especially when they are big. And therefore, as a report, you have to regularly submit a declaration when selling something to the appropriate tax authority at your place of registration (or residence in some cases). But it won't always be needed. The declaration after the sale of a car has many nuances that every citizen should know about. After all, any additional document is nothing more than extra paperwork. What to do if you sell your car? In what cases is a declaration filed and taxes paid, and in what cases is it not?

Long tenure

Someone sold the car? Do I need to submit a return to the tax authorities? Here, as already mentioned, a lot depends on the situation. It is necessary to report on your transactions to the state, but not always. Actually, the declaration is also not submitted in all cases.

The first situation is long-term vehicle ownership. This means that the car has been owned for more than 3 years. Oddly enough, in this case no additional papers are required to be submitted. Such a transaction is not subject to taxes, which, in turn, relieves owners from unnecessary paperwork. Nothing difficult, right?

Price

Someone sold the car? Whether it is necessary to submit a declaration or not, many nuances will help decide this. For example, the cost of a car. She plays an important role. But in combination with all other aspects.

So, if you sell a vehicle too cheap, you most likely will not pay any taxes. But you will still have to file a declaration about the sale of the car. If the cost is high, of course, a corresponding notification is written and certain interest is paid. The exception is cases in which the vehicle has been owned for more than 3 years. Here, as already mentioned, regardless of the cost, there is no need to submit any papers to the tax office.

Thus, a declaration after the sale of the car may or may not be submitted. There are a lot of moments here that play a huge role. It cannot be overlooked. What other situations could there be? If I sold my car, do I need to file a declaration?

Less than 3 years

It often happens that you have to sell property that has been owned for less than 3 years. Especially when it comes to a car. To be honest, in this regard, everything is extremely simple: the declaration is submitted to the tax service. But whether you will pay taxes or not is still unknown.

Select your income code. In our case, it is 1520. It serves to display the receipt of any income from property. Below you should write the amount of the car sale. To deduct below, select code 903 (expense). And record how much you once spent. Your expenses on your tax return play an important role. Afterwards, “0” is entered in the field (without any additions), and the number of the month of sale of the vehicle is entered. Nothing else is required from the user. You can click on “+” again in the payment source. Fill out all the fields that appear using the 2-NDFL certificate, which must be prepared in advance. This is an optional but desirable item. Especially if you already have all the data. There is nothing difficult in this step. Simply retype the information you have into the appropriate fields. And nothing more.

Once this step is completed, you can save the changes. That’s it, now it’s clear how you can fill out a declaration for the sale of a car. There's nothing special about it. You can print out the document in several copies and then submit a corresponding request to the tax authorities. Please note: if you fill it out incorrectly, the computer will not allow you to generate and fill out a declaration. You will need to fill in the missing fields and correct any errors.

Practice

Filing a declaration about the sale of a car is not so difficult when you have at least some practice. Very often citizens simply do not understand the entire process. And panic begins. Yes, not everyone is given the ability to immediately fully understand exactly how to fill out the declaration correctly.

If you want to save yourself from unnecessary paperwork, you can easily contact special companies that prepare reporting documents for the tax authorities. Just don’t forget to provide them with the full list of papers listed above. Usually all declarations and reports are prepared very quickly. But you will have to pay for the services. And not exactly small money. Someone sold the car? You can submit a declaration after the transaction without unnecessary headaches. Pay trained people and they will do everything for you.

If you have sold a car, do not rush to rejoice and look for a use for the money you received, but first find out whether you need to file a declaration when selling a car, and, possibly, pay a tax to the state treasury.

The fact is that the current Tax Code establishes the obligation of some car owners to pay income tax, as well as to prepare a tax return.

Failure to comply with legal requirements may result in a fine being imposed on the car seller even if he did not know whether he needed to submit a declaration or not. How to avoid such a situation? Let's figure it out together.

pp. 2 p. 1 art. 228 of the Tax Code of the Russian Federation defines a citizen’s obligation to pay tax if he received income from the sale of property he owns (in our case, a car). The amount of such tax (it is called personal income tax) is 13% of the sale price.

If the car was sold for a decent amount (for example, for 1,100,000 rubles), then a lot will have to be transferred to the state account (in the example given - 143,000 rubles = 1.1 million * 13%). In addition, you will have to prepare a tax return and submit it to the tax service.

Tax return

What is it and how to fill it out

If your case fits one of the above descriptions, you should find out what kind of return you need to fill out in order to report to the tax authorities. Information about the cost of buying and selling a car is reflected in a document called declaration 3-NDFL.

It must contain a calculation of the amount of profit received from the purchase and sale of a car, as well as the amount of tax payable. If no profit was made (for example, you bought a car for 450,000 rubles and sold it for 400,000 rubles), the tax amount will be zero, and the declaration will be called zero.

Tax is not paid, do you need to file 3-NDFL?

If you sold a car for no more than 250,000 rubles, you are exempt from paying income tax. The fact is that there is a legally established concept of “tax deduction”, that is, the amount of money by which the income you receive, subject to taxation, is reduced. The amount of such a deduction is exactly 250,000 rubles.

You can use the right to receive it no more than once a year, but hardly anyone sells and buys cars more often (with the exception of resellers, for whom conducting such transactions is the main source of income, but also the obligation to pay personal income tax in In this case it arises quite rightly).

But this does not exempt you from the need to prepare and submit a 3-NDFL declaration when selling a car - you will have to submit a zero declaration for the sale of a car. Take your responsibility seriously: if the document is not submitted to the tax service, you will have to pay a fine, and you will still need to submit a declaration.

Another way to get rid of the need to pay tax (but not the obligation to file a declaration on the sale of a car) is to sell the car for less than it was purchased for.

Most often, this situation arises when selling a car purchased from a dealer. After all, it’s no secret that immediately after leaving the showroom, a new car loses about 25% of its value. And although this arrangement is unprofitable for the car owner, it allows you to save money at least on the possibility of getting rid of paying taxes.

In this case, when selling the car you will also have to submit a zero declaration.

When 3-NDFL is not needed

Clause 17.1 art. 217 of the Tax Code of the Russian Federation relieves the car owner of the obligation to pay tax if the car was purchased more than three years before the date of its sale. There is no need to submit a declaration even if you sold the car for more than you bought it for.

So, answering the question of when it is necessary to submit a declaration on the sale of a car, we can draw an unambiguous conclusion: the document will have to be drawn up in any case if the car was sold before three years have elapsed from the date of its acquisition.

It does not matter how much money was spent on its purchase, and how much was received upon sale - a declaration is needed in any case when selling a car.

Deadlines for submitting the declaration

In order to submit your declaration on time, you need to know exactly when the reporting documentation is submitted to the Federal Tax Service.

The 3-NDFL declaration must be completed and submitted by April 30 of the year following the one in which you sold the car. That is, regardless of whether you received the money in January or December 2019, you need to prepare and send reports before April 30, 2020.

Fines for violating the deadlines for filing a declaration

If the former owner of the car has not submitted a declaration on the sale of the car, he will face a fine, the amount of which is 5% of the amount of the mandatory payment for each calendar month that has passed since the deadline for filing documents.

The minimum penalty is 1,000 rubles, the maximum is 30% of the total tax that must be paid.

How to save money when declaring income?

When preparing your tax return, be careful! As we have already said, there are several legal ways to get rid of your tax liability, and you have the right to use any of them.

Let's look at the simplest example of the procedure for calculating the amount of tax payable and choose the most profitable method of declaring income.

So, in 2019 you sold a car, the cost of which was 310,000 rubles. The vehicle was purchased a year earlier for 280,000 rubles. In such a situation, you can exercise the right to:

• use of a tax deduction in the amount of 250,000 rubles; as a result, the tax amount will be calculated as follows: (310,000 – 250,000) x 0.13 = 60,000 x 0.13 = 7,800 rubles;
• receiving a deduction equal to the amount of expenses incurred to purchase a car; in this case, the tax will be calculated according to a different scheme: (310,000 – 280,000) x 0.13 = 30,000 x 0.13 = 3,900 rubles.

Significant monetary difference, isn't it? That is why you should not immediately use the opportunity provided by the state: after all, perhaps another method of calculating the amount of the mandatory payment will be more attractive and will allow you to save a lot of money. 🙂

Now you know whether you need to submit a declaration if you sold a car, what is needed to prepare it and whether you need to comply with certain deadlines for submitting it to the tax service.

If you need help completing the 3-NDFL declaration, feel free to leave. We work quickly and with pleasure! And to confirm this

Some car owners who decide to sell their car often wonder: do they need to file a tax return when selling a car? This article describes in what cases the law provides for exemption from income tax, who must pay it, and what documents must be submitted to the Federal Tax Service after the transaction.

Is a declaration required for a vehicle owned for more than 3 years?

In this case, you will not need to declare your income: the Tax Code of the Russian Federation exempts owners who have owned a vehicle for more than 3 years from paying income tax (Clause 17.1, Article 217 of the Tax Code of the Russian Federation). Citizens who have owned a car for less than 3 years can reduce the amount of payments due to a tax deduction, or not pay tax at all if the cost of the vehicle upon sale is no more than 250,000 rubles.

A tax deduction is an amount that reduces the amount of profit subject to tax when making a transaction.

As stated in paragraphs. 1 item 2 art. 220 of the Tax Code of the Russian Federation, the maximum tax deduction for the sale of real estate (apartments, dachas, etc.) is 1,000,000 rubles, and for the sale of other property - no more than 250,000 rubles. This means that the profit from a transaction for the sale and purchase of a car at a lower cost is not taxed, because it does not exceed the amount of the tax deduction.

Clause 4 art. 229 of the Tax Code of the Russian Federation exempts citizens from filing a declaration if their income is not subject to taxation.

Thus, a tax return when selling a car is not submitted to the tax service in the following cases:

• If the car was purchased by the seller more than 3 years ago.
• Income from the sale of a car does not exceed the tax deduction.

Selling a vehicle: who cannot be exempt from paying taxes

Persons who own a car as an owner for less than 3 years and sell it for more than 250,000 rubles are not exempt from paying taxes. That is, when the income from the sale of a car exceeds the tax deduction.

Don't know your rights?

When selling a vehicle purchased by the owner less than 3 years ago, it is necessary to pay a tax in the amount of 13% of the difference calculated between the actual cost of the vehicle and the deduction amount.

Let's look at specific examples.

The selling price of a vehicle owned for less than 3 years is 400,000 rubles, and the tax deduction amount is 250,000.

(400,000 - 250,000) × 13% = 19,500 rub. (tax on profits received).

If the car was purchased less than 3 years ago, but was subsequently sold for an amount not exceeding 250,000 rubles, then you will not need to pay tax on the profit received:

(250,000 - 250,000) × 13% = 0.

What you need to pay tax

When the receipt of profit is taxed, then no later than April 30 of the year following the year of sale of the car, you must provide the following to the Federal Tax Service to prepare the 3-NDFL declaration:

Fines for failure to submit a declaration of income received

Failure to submit a tax return to the Federal Tax Service at the place of registration entails a fine of 5% of the unpaid amount for each month starting from the day by which it should have been submitted (April 30). In this case, the amount of the fine cannot be less than 1,000 rubles. and more than 30% of the profit received.

Understating the amount of profit or underpaying tax will result in a fine of 20% of the unpaid amount.

In some cases, when selling a car, car owners ask the buyer to sign a contract indicating an amount not exceeding 250,000 rubles, although the actual cost of the vehicle is greater than the tax deduction.

If such a situation arises, the buyer should remember: if there is a desire to return the car to its former owner, even through the court it will be possible to get back only the amount specified in the sales contract.

The state apparatus vigilantly monitors all financial transactions of the accountable population. Citizens are required to pay taxes on all their income. It does not matter whether you are a private entrepreneur, the head of a large company or a simple worker. Everyone must pay taxes.

Responsibility for non-payment of taxes

Let us remind you that non-payment of taxes results in tax liability. For committing a tax offense, a person will face fines and increasing penalties. Responsibility is described in detail in Article 119 of the Tax Code of the Russian Federation:

• a fine of 1000 rubles for failure to submit a zero declaration;
• a fine from five to twenty percent of the tax amount, depending on the date on which the income was received;
• an income tax penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay, if the declaration was not filed before July 15 of the current year.

In addition, if large amounts are involved, for example, for non-payment of tax on the sale of a VIP-class car, criminal liability may follow under Article 198 of the Criminal Code of the Russian Federation - a fine of up to 4.5 million rubles, or imprisonment of up to one year.

As we see, it’s dangerous to joke with the Federal Tax Service. Fortunately, not everyone is required to pay taxes and file returns when selling a car. Let's consider this issue in more detail.

Filing a declaration for the sale of a car

We can first of all please those motorists who have owned their vehicles for more than three years. The Tax Code of the Russian Federation (Article 217 and Article 229) states that after the sale of vehicles, they are completely released from the obligation to file a declaration and pay any taxes to the state treasury. This applies to both purchased vehicles and those received as an inheritance or gift.

Those citizens who have owned the car for less than three years should report.

They are obliged:

• correctly fill out and submit the 3-NDFL declaration;
• pay a tax of 13% of your income.

Please note the key point: the declaration must be submitted. But money is not always paid, since it is not the amount for which you sold the car that is taken into account, but the difference between the price of the car at the time you bought it and the price at the time of sale. That is, if a car was bought for 1 million rubles and sold for 800 thousand, then there will be no income, so there is no need to pay anything to the treasury of the state. But you still have to file a 3-NDFL declaration.

To submit a declaration, you must bring with you to the local Federal Tax Service:

• personal passport;
• contract of sale;
• documents confirming the fact of your purchase of this vehicle.

A Federal Tax Service employee, based on the data provided (purchase and sale agreements), will be able to calculate the amount that needs to be paid in the form of tax. It is very important to keep the original purchase and sale agreement, because without it, you will not be able to confirm that you purchased the car at a particular price. Fortunately, a copy can be requested from the registration department of the MREO.

How to reduce the tax amount?

First of all, to avoid paying anything at all, don't sell your new car. Wait at least three years from the date of purchase. If deadlines are running out, then you can take advantage of tax deductions in the amount of 250 thousand rubles.

The total tax deduction for the year cannot exceed 250 thousand. The portal website draws your attention to an important point: for those who sell a car cheaper than they bought it, there is no point in using it, since they still don’t need to pay anything to the Federal Tax Service. But there are other situations.

Here's an example:

A citizen inherited two cars, which he sold for 500 thousand each. His net income is 1 million rubles, of which he would have to give 13 percent to the state, that is, 130 thousand. But thanks to the tax deduction, the tax will be calculated according to a different scheme. 1 million minus 250 thousand. Accordingly, you will have to pay approximately 97 thousand.

Deadlines for filing a declaration

If you inherited a car or bought it less than three years ago and subsequently sold it, you must submit data to the tax office strictly within the prescribed period, otherwise you will face penalties.

Individuals report their income.

Submission deadlines:

• the completed form 3-NDFL is submitted no later than April 30 of the following year (if the car was sold after this date);
• The money must be paid no later than July 15 of the following year.

Filling out the form is a simple process, but everything must be written correctly, so even mistakes may result in penalties. There are programs and applications on the Internet that help you fill out this reporting document.

It is worth noting that the declaration form undergoes changes every year. For 2017, you can use the form approved last year. Declarations from 2017 will be used to submit income data in the coming 2018.