Екатерина Уцына
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По общему правилу плательщиками транспортного налога признаются лица, на которых в соответствии с российским законодательством зарегистрированы транспортные средства, признаваемые объектом налогообложения (п. 1 ст. 362 Налогового кодекса). Напомним, что, например, в отношении автотранспорта освобождаются от налогообложения легковые автомобили, специально оборудованные для использования инвалидами, а также легковые автомобили с мощностью двигателя до 100 лошадиных сил (до 73,55 кВт), полученные (приобретенные) через органы социальной защиты населения в установленном законом порядке (п. 2 ст. 358 НК РФ). Также освобождаются от налогообложения транспортные средства, находящиеся в розыске, и те, розыск которых прекращен, с месяца начала розыска соответствующего транспортного средства до месяца его возврата лицу, на которое оно зарегистрировано (подп. 7 п. 2 ст. 358 НК РФ).
Как поясняет налоговая служба, если транспортное средство не снято с регистрационного учета уполномоченными органами, не относится к видам транспортных средств, не признаваемых объектом налогообложения, то иных оснований для освобождения от уплаты налога, за исключением налоговых льгот, а также гибели или уничтожения транспортного средства налоговым законодательством не предусмотрено (письмо ФНС России от 4 марта 2021 г. № БС-4-21/2827@).
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Поэтому в случаях реализации транспортных средств по договору продажи финансовым управляющим в рамках процедуры банкротства налог исчисляется в общеустановленном порядке. Исчисляться он будет на основании сведений, которые представляются в налоговые органы органами, осуществляющими госрегистрацию транспортных средств (п. 1 статьи 362 НК РФ).
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