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For Connecticut Motor Vehicle & Personal Property Taxes
Why have I received a notice of delinquency?
TaxServ was engaged by its municipal client to research and collect their delinquent receivables. The municipality had attempted to contact your last known physical address notifying you of the debt. If you moved, it was your responsibility to contact the municipality and the DMV notifying them of your address change. The postal service does not provide change of address to the DMV or the municipality.
Do I still owe the taxes if I move out-of-state?
Simply moving out of state is not a valid dispute. You must provide evidence of the date you registered the vehicle in your new state of residence. This is the date when your Connecticut registration is considered terminated.
How can I owe this tax when I was able to re-register through the Connecticut DMV?
Re-registration through the Connecticut DMV is NOT a valid dispute. Being able to register or re-register a vehicle through the Connecticut DMV is NOT proof of payment of a delinquency or a waiver of the municipality’s right to collect a delinquent tax. There could be many reasons the DMV did not block your registration, such as your name differs slightly (use of a middle initial, married or maiden name, etc.) on the record, or there is some other data error. If the DMV data is incorrect, you are responsible for contacting the DMV and fixing any errors.
What if I’ve never received a tax bill prior to this notice?
A claim that you did not receive a tax bill is not a valid dispute to the tax, and the interest and fees that have accrued. [CGS 12-130] “Failure to send out or receive any such bill or statement shall not invalidate the tax”. It is every taxpayer’s duty to understand their obligation to pay taxes.
What do I provide if my vehicle has been sold, repossessed, stolen, destroyed, junked, or has been registered out-of-state?
What is a Supplemental Tax?
A Supplemental Tax is assessed on a motor vehicle purchased during a tax year. For example, a 2018 supplemental tax would be billed against a vehicle in January 2020. The tax is assessed only for a portion of the year; a credit was automatically apportioned to the tax. No further credit is applicable to this kind of tax.
What if I moved to another town/city within Connecticut?
If you moved to another town or city within Connecticut you must provide proof of residence such as a lease agreement, telephone records, utility bills as of October 1 of the Tax Year(s) on your notice. Note that the obligation to pay the tax does not disappear. The municipality where you now reside will collect payment of the taxes.
What if I went out of business?
Shareholders or officers of a terminated business who pocket the sale proceeds of the vehicles without paying taxes may be liable for paying the taxes. Furthermore, shareholders or officers, heirs of a deceased or anyone who received taxable property free of charge, by gift or in exchange for a claimed debt owed while taxes were delinquent may be held liable
What if the taxpayer is deceased or the vehicle was provided to another party as a gift?
Heirs of a deceased or anyone who got a vehicle free of charge, by gift or in exchange for a claimed debt owed while taxes were delinquent may be held liable and registration may be denied [CGS 14-33].
Is there a statute of limitation on collections?
The statute of limitation on the collection of Connecticut municipal property taxes is 15 years from the date the tax was first due and payable [CGS 12-164]. Any claim of delay in enforcing collection (a/k/a laches) does not apply until the 16th year.
What if I am not the person who owes the debt and I received a notice?
Occasionally the wrong person of the same or similar name is sent a delinquent notice. Please inform TaxServ if this is the case. Because both the Connecticut DMV and the tax collectors use dates of birth as an additional identifier, it would be helpful if you also provide your date of birth.
What if I am active military?
Please provide a copy of Form DD-214 and a letter from your commanding officer. The assessor of your municipality may seek additional information and will determine any exemption or credit.
Why are interest and collection fees added?
As a result of your delinquency, a 15% collection agency fee has been added to the taxes you owe. [CGS 12-166 and 36a-805(a)(13)]. Interest will continue to accrue on the first day of each month on the unpaid principal balance of your tax debt at the rate of 1.5% per month, until paid in full. [CGS 12-146]. Interest and fees cannot be separated from the tax.
Can the amount I owe be negotiated? What can I do to reduce this amount?
No tax collector (nor TaxServ) has the statutory authority to compromise or release the amount of any tax except as specifically provided by law [CGS 12-168]. Please also be aware that if you send a payment and make a notation on or accompanying a payment that purports to be payment in full when it is not, or, directs application of the payment in any manner that contradicts any applicable statute or ordinance, or, is otherwise contrary to law, the municipality, by statute, cannot accept the statement and will process the payment pursuant to statute [CGS 12-144b]. Payments will be processed as of the postmark date on the envelope [CGS 12-146].
What if I have already made a payment?
If you believe you have already paid the amount shown in your notice, you must provide a receipt from the tax collector showing payment of the tax year. Note that taxes are billed and paid in the year after they are assessed. For example, a tax from the 2018 Tax Year is first billed in July 2019. A receipt dated in 2018 is therefore not proof of payment of a 2018 Tax.
What if I filed bankruptcy?
If you base a dispute on a bankruptcy filing, you must submit the page of your bankruptcy filing listing the municipality as a creditor and proof that the taxes were discharged. Note that many times taxes are not discharged in bankruptcy. The rule regarding the ability to discharge a motor vehicle tax is that the bankruptcy filing must be more than one year after the tax came due. For instance, a 2017 Tax Year tax became due on July 1, 2018. A bankruptcy filing on or before June 30, 2019 would NOT result in the discharge of a 2017 tax even if the 2017 taxes were listed on the bankruptcy filing.
Am I personally liable for the taxes including interest and fees?
Yes, you are personally liable for the taxes assessed in your name. [CGS 12-161]. You must take immediate steps to pay your taxes.
Does TaxServ own the debt?
No, TaxServ only collects the debt on behalf of its municipal clients and does not actually own the debt.
Isn’t this a violation of FDCPA to contact me?
With regards to collection of delinquent taxes, TaxServ does not own the debts, only collects them for the municipality. Therefore, neither Federal Fair Debt Collection Practices Act nor other states laws apply to the collection of Connecticut municipal taxes [Staub v. Harris, 626 F.2d 275, 278 (3d Cir.1980); Beggs v. Rossi, 994 F.Supp. 114 (D.Conn.1997), affd, 145 F.3d 511 (2d Cir.1998). Laws relating to consumer or commercial debt collection do not apply to taxes.]
Is there a statute of limitations on credits?
Yes, there is a statute of limitations on credits. No tax credits can be given more than three years from due date: "Assessors shall, not later than three years following the tax due date relative to the property, issue a certificate of correction removing such tangible personal property from the list of the person who was assessed in error, whether such error resulted from information furnished by such person or otherwise. [CGS 12-57].
Do you report to the credit bureaus and will this show up on my credit report?
At this time, the tax delinquency is not reported. However, if the municipality were to acquire a judgment in court against you, the credit bureaus will likely note the judgment against you.
Why do I need to pay taxes on a vehicle I haven’t owned for this long?
You are personally liable for the taxes assessed in your name during the time you owned the property. [CGS 12-161]. You must take immediate steps to pay your taxes.
What documents do I need to provide to the tax collector?
For disputes regarding Motor Vehicle Taxes, acceptible forms of proof include the following:
b) Evidence showing the date of the sale, repossession, theft, complete destruction, junking or registration out-of-state. As evidence of the date of the sale: (bill of sale or title transfer), for repossession: (letter from the repossessing company), theft: (police report), destruction: (statement from the insurance company), junking (junkyard receipt) or registration out of state: (copy of the registration).