I need to get expert legal advice on this matter, but I am having difficulty locating a Solicitor with experience in Customs and VRT regulations/law.
The links below are to the document I located on the revenue website.
http://www.revenue.ie/services/foi/s16_2001/vrt_ins.pdf
Section 6 deals with Enforcement, this is where the rules are outlined.
Can anyone assist?
Unfortunatly, Noah is right.
You have 7 days after bringing the vehicle into the country to get the paperwork in order and register it.
When you are in a hole, stop digging. Do you really want to add legal fees to your woes? As a compliant taxpayer, it is great to see Revenue getting on top of such sharp practices. I doubt if you will get much support for your plans round here.
It isn't apparent to me that the OP was trying to evade tax. It seems they they were certainly trying to avoid it, but their plan does not appear to have worked.It was still a premeditated and deliberate act to evade tax. Nobody likes VRT, and it's anti competition clearly, but it's the law, and has to be paid like all other taxes due.
It isn't apparent to me that the OP was trying to evade tax. It seems they they were certainly trying to avoid it, but their plan does not appear to have worked.
WRT 'but it's the law' comment - there have been many horrendous laws passed. I believe people should behave less like sheep in this regard.
I believe people should behave less like sheep in this regard.
you are in deep mire, once you bring a vehicle into the state you have to register it immediately and if you want to use it, tax it and insure it. When people are given a few days grace that is only a courtesy.June is quite a while back. Unless I am missing something you dont have a leg to stand on. You cant run a commercial vehicle then add seats otherwise everyone could do that.
I'm afraid you broke the law. Customs will keep vehicle for a time and then flog it off.
Apologies if I have missed something.
no--
Vehicles which have been converted to a higher VRT category following registration in the State must be declared to the Commissioners so that:
the register of vehicles can be amended; an amended VRC can be issued;
additional VRT payable can be assessed and collected. The following points should be noted: The registered owner of a converted vehicle is responsible for declaring the prescribed particulars of the converted vehicle to the Commissioners and for the payment of additional VRT due109 (if any);
A person (otherthan an authorised person) who has converted a vehicle must bring that vehicle, within one working day following its date of conversion to a VRO and make a declaration of the said vehicle 110. Where a person fails to comply with this provision an offence is committed.
1.13.1 Declaration Procedure
A declaration of conversion must be made on the appropriate form111 which may be lodged at any VRO.
Where a conversion is carried out by a third party, i.e. by a person other than the owner, e.g. an authorised convertor, but the details are not declared at a VRO by such third party112, the following administrative procedure 113 should be implemented 114: a completed Form VRT 6 should be presented at a VRO prior to delivery of the converted vehicle in question to the owner/declarant by the third party;two copies are to be made of Form VRT 6;at this stage all three documents should be signed and stamped only;
the copies are to be returned to the owner/declarant and the original retained by the VRO; the owner/declarant should be advised that one copy must be given to the convertor before the vehicle can legally be released to him by the convertor 115; the second copy is to be retained by the owner/declarant who should be advised that it must be presented with the converted vehicle at the same VRO within two working days116 when VRT may then be assessed, charged and paid in the normal way.
I'm all for obeying the spirit of the law as opposed to the letter of the law, but in the case of VRT the spirit and the letter of the law are totally aligned, so not much room there for any morally justifiable civil disobedience.
He seems to have paid reduced rate VRT on the basis of a commerical vehicle, only to then convert it back again.
Isn't that evasion?
As I said nobody likes VRT. Whilst it's on the statute books however it is the law.
It was all over the news a few months back how reputable garages were removing back seats/seat belts from 4 x 4's and passing them off as commercial vechiles for paying clients. Once VRT of €50 was paid, it was then back to garage to have seats/seat belts put back in, hence becoming a private vechile and no longer applicable to the €50 commercial charge. Its a scam the custom lads have cottoned onto and OP was unlucky to get caught.
When you are in a hole, stop digging. Do you really want to add legal fees to your woes? As a compliant taxpayer, it is great to see Revenue getting on top of such sharp practices. I doubt if you will get much support for your plans round here.
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