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If someone purchased a truck and registers it within 60 days, he/she
is not required to provide proof of payment of FHVUT, but only evidence
of purchases within the sixty (60) day period. Is the purchaser not subject
to the federal tax?
The purchase IS subject to the tax and must pay the tax by the last day
of the month following the purchase of the vehicle. For example, if purchased
in May, the owner must pay the tax by June 30th. If not the taxpayer
becomes subject to penalties and interest;
The American Jobs Creation
Act of 2004 now allows anyone selling a truck subject to FHVUT to obtain
a CREDIT from the IRS on taxes paid based on Schedule
1, when selling his/her vehicle. Therefore,
a copy of the previous owners Schedule 1 is no longer acceptable.
What is "suspended" Federal Heavy Vehicle Use Tax (FHVUT)?
Federal law provides that any vehicle owner who believes that
his/her truck or tractor will be operated less than 5,000 miles
in a taxable
year (July 1 - June 30) may "suspend the payment of the FHVUT. Furthermore,
anyone operating a vehicle 7,500 miles or less for agricultural purposes
is not subject to pay the tax. HOWEVER, the owner is required to file
the Form 2290 and MUST show to the tag department one of the earlier
listed proof documents.
Must the issuing official retain the proof documents?
YES. Federal regulations require the records to be retained
for one year. Thus, records should be available for the current
registration
year and
for the previous registration year.
What is the toll free number for the IRS?
1-800-424-1000 (Ask for an excise tax specialist).
What if a registrant does not want to declare the gross weight?
Section 40 -12- 248, Code of Alabama 1975 reads "(c) Every person
making application for license under this section to use a truck or truck
tractor on the public highways of this state shall be required to make
an affidavit declaring the gross vehicle weight of such truck or truck
tractor and file the said affidavit with the judge of probate, or other
county licensing officer, in the county in which the said application
is made." The registrant must comply with Section 40 - 12- 248 before
being issued a license plate.
Is a serviceman required to pay Ad Valorem taxes?
A serviceman who is a resident of Alabama (or who claims Alabama
as his/her "home
of record") IS subject to Alabama ad valorem taxes.
An Alabama motor vehicle dealer purchases an automobile in
Georgia in January. The vehicle is in dealer inventory
until July when
it is sold.
The purchaser would owe Ad Valorem tax from what month? July
How many years of ad valorem taxes is a taxpayer required to
pay?
Alabama law allows the assessment of two (2) years escaped
taxes plus the current taxes due.
Are there any situations where a nonresident serviceman would
be subject to ad valorem taxes?
A non-resident serviceman could purchase a vehicle currently
registered in Alabama, and the serviceman would be liable
for accrued ad valorem
tax from date previously paid.
How could one be liable for ad valorem tax for more than
one year?
One could be liable if he/she bought a vehicle and the
previous owner had not paid the tax or if the vehicle
had not been
registered within
the last twelve (12) months.
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