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+--- Thema: I need your help please "non technical" (/showthread.php?tid=14283)
I need your help please "non technical" - snakeplisken - 02.03.2005
Hello german corvette fans,
First of all I dont know where to post this thread but I need yopur help. I have a small problem right now,
I bought a C5 2 years ago from germany from a privateperson (non dealer). This guy was the one who was the owner of the car and his name was written in the farzugbrief so we went to the zulausungstelle and did the change of the ownership with no problems and i went back to sweden.
Today 2 years later he calls me and says that he has some problems with the german tax autorities, the car he sold to me was bought to his company with no Mwst (VAT) I dont think he knew that he would need to pay the Mwst when he exported the car.
So my question to you guy´s are what shall I do? Should I send him the abmeldebesicheinigung that he wants from me to show the tax autorities that he sold it to sweden or?
Who shall pay the Mwst to german tax autorities Me or he? will they accept his story if he can show them the abmeldebesicheinigung. Maybe later they will come to me and ask me to pay the german Mwst.
How does things work in germany is it my responsabillity to check if the car has a payed Mwst because he never told me that his car was bought by his company. what shall I do help me!!
- Erich - 02.03.2005
Why did not answer somebody this guy? I am thinking the question is a good question. If somebody had a solution, it would be good to help him.
My opinion is:
You have bought your car including a contract, also you are decent. That matter is not your problem.
Sehe ich das falsch? Sorry für mein Englisch, brauch noch etwas übung
- C-556 - 03.03.2005
The situation is a little complicated so let me try to answer:
Inside the same country:
First of all, when a company sells a car to a private person, the private person needs to be charged MWST as this is the tax to be charged to the final "consumer".
So, he sells to you and needs to debit you.
Now let us think abt the sale across borders:
In former times a car that was sold to a foreigner was not subject to Mehrwertsteuer.
The former owner had to prove that the car was exported and the story was over this is still the case for sales outside the EU.
Now we face the sale in the EU.
Normally inside the EU the sales tax (MWST) is charged to the foreign buyer and the buyer can take the car to his EU member state without being asked questions and without having to pay any import duties and sales tax at home.
To my opinion your seller has a problem, he forgot to charge the MWST to you and so the government will ask him to pay.
Most likely they will take it that the sales price that he charged to you was a price including tax and so he will have to pay the 16 percent out of this sale price. That is his problem now!
You, however, have a valid purchase contract with a valid price in it and it is not your problem or your fault.
If you seller wants to have the Abmeldebescheinigung, send it to him and get out of the case.
Thanks
rgds
Cord
- Jochen - 03.03.2005
Zitat:To my opinion your seller has a problem, he forgot to charge the MWST to you and so the government will ask him to pay.
Most likely they will take it that the sales price that he charged to you was a price including tax and so he will have to pay the 16 percent out of this sale price. That is his problem now!
You, however, have a valid purchase contract with a valid price in it and it is not your problem or your fault.
If you seller wants to have the Abmeldebescheinigung, send it to him and get out of the case.
Absolutelly, thats the point. Its the sellers duty to pay VAT to the state in this case. You fixed a price with him and he, if he acts as a company, has to pay from this money the 16% VAT. Dont get fooled. if he asked you to pay VAT, dont do it !
Take care,
Jochen
- snakeplisken - 03.03.2005
Thank u so much for the help guy`s now I can take a deep breath and cool down.
He never asked me to pay the VAT he just want´s me to fax the abmeldebescheinigung to him so that he can show the tax guy`s that the car is exported. But I dont think that will help him much because I bought it to an EU country its not exported.
Thanks again german friends
- Jochen - 03.03.2005
Just send it to him. Make a copy for yourself . . . who knows ?!
- STRUPPI - 03.03.2005
Erich, ich schreibe Ihm doch kräftig per PN
Glaubst Du, wir lassen so einen armen Tropf im Regen stehen??
Nur ist die Sache viel komplexer, als dieses in seinem Eröffnungsschreiben den Anschein hatte.
Ich glaube, die Steuerfandung hat den "Autoverkäufer" auf dem Kieker.
Der hat nämlich als Privatperson sein Firmenfahrzeug vertickert.
Und jetzt, nach ca. 2 Jahren, will der die MwSt von unserem Sweden haben.
Und dat wird ja wohl nix.
Ich bat unseren Sweden, noch einmal den Kaufvertrag zu kontrollieren, ob dort ein Firmenstempel drauf ist, oder ob Ausdrücklich "Verkauf ohne MwSt" aufgeführt wurde.
Zum Zeitpunkt des Kaufes trat der Verkäufer als reine Privatperson auf.
Und jetzt jammert der Keks nach "vergessener" MwSt-Abgabe
Ist Sein Problem (Solange das Fahrzeug nicht letztendlich aus dem Firmenpool geklaut wurde).
snakeplisken soll den Dumschwätzer vergessen.
War jetzt nur in Kurzform als zwischen-Info.
Grüsse vom OSC-Canibalisten STRUPPI
- Frank the Judge - 03.03.2005
Struppi, why do you answer in German in this English spoken thread?
Snakeplisken: You first wrote you bought the car from a private person. There is absolutely no tax to be charged.
The "Abmeldebescheinigung" is nothing else than a paper which shows the Car was de-registerd in Germany. The Abmeldebestätigung is issued in Germany (not in Sweden) and does not have any status about exporting a car or not. So it has nothing to do with VAT.
You do not have any problems with sending a copy of this paper to the seller.
Snake, forget it and make not that rattle in Manhattan - get the president out of that hell...
- snakeplisken - 03.03.2005
Zitat:Original von Frank the Judge
Snake, forget it and make not that rattle in Manhattan - get the president out of that hell...
Hehe I promise i´ll try to rescue the president after this work is done
- STRUPPI - 03.03.2005
@FtJ: Was only Information to Erich.
OK?
Greetings from OSC-Canibalist STRUPPI