The key facts
- The FTS is retroactively charging the recycling fee on cars already imported and purchased; up to 20 calendar days are given for payment after the notification is received
- The FTS is charging additional recycling fees on cars already imported and purchased; payment is allowed up to 20 calendar days after receiving the notice
- Lawyer Dmitry Khrulev described a verification algorithm: the calculation, VIN, import date, and the three-year period for detecting underpayment
- The State Duma is preparing an appeal to the Ministry of Industry and Trade, believing that law-abiding citizens should be protected from such expenses
- The State Duma is preparing an appeal to the Ministry of Industry and Trade, arguing that good-faith citizens should be protected from such expenses
What is happening
The Federal Customs Service is retroactively charging the recycling fee on vehicles that have already been imported and purchased: an owner who has been using the car for a long time suddenly learns of a demand to pay an additional amount. Who receives the demand and who is obliged to pay is covered in a separate Life.ru article. The situation has also drawn a reaction at the legislative level: the State Duma is preparing an appeal to the Ministry of Industry and Trade regarding such cases, believing that law-abiding citizens should be protected from such expenses.
What to check within 20 days
Dmitry Khrulev, Vice-President of the International Association of Mediators 'Sila Dialoga' (The Power of Dialogue), explained in an interview with Life.ru that the charge can be contested both out of court and in court. First of all, he advised recording the date the notification was received: up to 20 calendar days are allowed for payment. During this time, one should request the calculation and the grounds for the additional charge, information about the original payer, check the VIN, the date and scheme of import, as well as compliance with the three-year period for detecting underpayment. According to Khrulev, one needs to compare the import date with the version of the rules and the coefficient applied, and for cars from the EAEU — check whether the calculation of the difference between the payments made abroad and the amount that would have been payable when clearing in Russia is lawful.
Documents, complaint and court
To protect his rights, the expert recommended assembling a set of documents: the purchase agreement, the electronic vehicle passport (EPTS), customs materials, proof of payment for the car, the seller's listing and correspondence. This information helps confirm the good faith of the purchase and the lack of awareness of the underpayment of the fee. Out-of-court appeal is carried out under Chapter 51 of Law No. 289-FZ; the general time limit is three months from the day the owner learned or should have learned of the violation of his rights. In the complaint, Khrulev advised, one should request that the charge be annulled or a new calculation be made taking into account the proper payer and the rules in force on the import date. In parallel, one can offer the seller, the dealership and the importer negotiations with a mediator: an agreement makes it possible to fix the payment of the amount by the original payer, the transfer of customs materials and reimbursement of expenses to the buyer. Judicial protection is possible through an administrative claim with a request for interim protective measures; the Supreme Court's position in case No. 310-ES19-8382 allows a subsequent buyer to argue that the burden of proving his awareness of the underpayment lies with the party making the demand. If the amount paid is found to be excessive, it can be refunded together with interest.
