High transport tax is a pressing issue for owners of powerful cars. Sometimes just a couple of extra horsepower can increase the amount of tax payable by tens of thousands of rubles. Until recently, car enthusiasts had a fairly simple way out of this situation.
At first glance, the idea of formally reducing engine power to significantly reduce transport tax seemed almost flawless. This technique has been used for many years by those who imported expensive and powerful foreign cars into Russia. However, this practice has now virtually disappeared. Tax authorities have launched large-scale inspections of cars with suspiciously low power figures and have begun to additionally charge payments for previous years. Moreover, it is not only about returning the tax, but also about serious fines.
According to automotive market experts, the ability to manipulate figures is closed for good. Moreover, not only those who consciously participated in the scheme are affected, but also ordinary car owners. A person could buy a car on the secondary market, not even suspecting that the documents contain "corrected" characteristics, and it is he who now has to explain himself to the state.
How the scheme worked and why it is no longer safe
The mechanism was extremely simple. Before passing customs, the declared engine power was programmatically reduced in the car's electronic systems. This was done solely for the sake of money: in Russia, transport tax is directly tied to the number of horsepower, and the transition from one tax category to another can cost the owner tens of thousands of rubles a year.
A typical situation is the BMW 3 Series cars. In fact, it is the same engine that the manufacturer offers in several power options. If the documents state 258 horsepower, the Moscow owner pays almost 39 thousand rubles in tax annually. With a record of 156 horsepower, the amount drops to approximately 7,800 rubles. The difference is colossal, and the temptation to take advantage of the loophole was obvious. At customs, the car passed as low-powered, and after registration, the engine was returned to its original state by a regular reflash.
However, the state does not consider such actions to be a harmless adjustment. From the point of view of the law, this is the provision of knowingly incorrect data for calculating the tax. Now the controlling authorities have accumulated sufficient tools to identify such inconsistencies. Owners find themselves in a vulnerable position: in fact, they are operating a powerful car, while the registration documents list a version with much more modest characteristics. Such a discrepancy inevitably attracts attention when checking databases.
Where does the tax authority get information about the real power from?
Many imagine the inspection as a sudden letter demanding explanations. In reality, it all starts much earlier and more imperceptibly. Modern tax control is an automated analysis of data coming from various sources.
For example, if the same importer regularly imports cars in configurations that are not actually offered on the European market, the system records this as an anomaly. Next, information from the foreign technical passport, customs declaration and information transmitted to the State traffic inspectorate are compared. Any discrepancy becomes an additional signal.
The next step is requests to official dealers of the brand. They clarify whether a specific car has undergone diagnostics and what engine parameters were recorded. If it turns out that a short time after customs clearance, the "low-powered" engine suddenly demonstrates full factory power, attention switches to the specific owner.
It is after this that an official notification arrives - an invitation to give explanations. Missing such a call is considered an extremely unwise step. The letter itself does not mean that guilt has been proven, but this is an important stage in the proceedings. Ignoring it only exacerbates the situation. You must appear and preferably not alone, but with a lawyer familiar with such cases. You will have to explain in detail the origin of the figures in the documents and the discrepancies with the actual characteristics of the car.
Financial consequences for the owner
If the inspection does not end in favor of the car owner and the fact of fraud is recognized as proven, the consequences are very sensitive.
First of all, the transport tax is recalculated. It will be charged based on the real engine power for the entire period of ownership of the car, but not more than for the last three years - this is the established statute of limitations. As a result, you will have to return all the money that you managed to save annually in one lump sum.
Penalties are added to this amount for each day of delay. They are calculated on the basis of the key rate of the Central Bank, so the final figure increases significantly.
A separate line is a fine. If the tax authority cannot prove the intentional nature of the actions, it will be 20% of the amount of the arrears. If there is evidence of direct intent - for example, correspondence with a company where the scheme of underestimation and subsequent return of power was discussed - the sanction increases to 40%. In monetary terms, this can mean hundreds of thousands of rubles in excess of the main debt, completely negating all the previous "savings".
In the most serious cases, when the amount of arrears is too large, the materials can be transferred from the tax service to the investigative authorities. There, they already check for signs of a criminal offense under the article on tax evasion, which takes the situation to a completely different level of risk.
What to do now
Experts agree: when importing a car, the only reasonable way is to indicate the real characteristics without attempting manipulation. Those who have purchased a used car and doubt the correctness of the documents should check its history in advance. And if a notification from the tax office has already been received, it is important not to panic, but also not to ignore what is happening. It is necessary to collect all available papers, find a competent defender and be prepared to defend your position.
Today, playing with the state in the field of "horsepower" has become too risky: the potential loss far exceeds any previous benefit and almost always directly affects the owner's wallet.