The legality of accrual of recycling tax will be considered by the Constitutional Court

The reason was a complaint from a car owner who had to pay a recycling fee of almost 1.3 million rubles instead of the preferential 5.2 thousand rubles for a car brought from Kyrgyzstan.

According to the Vedomosti newspaper, the dispute arose around the 2020 Kia Mohave. The man concluded a preliminary agreement for its purchase back in October 2023. The car arrived at customs in Kyrgyzstan and was then delivered to the buyer in Moscow. In February 2024, the necessary documents were issued for it – a design safety certificate and an electronic passport. However, already in March, customs in Odintsovo charged the owner the full amount of the disposal fee, considering that he had lost the right to the benefit.

The driver insists that he imported the car for personal use and was counting on the minimum rate. The essence of his claims to government resolution No. 1291 is that the new rules, tightening the procedure for calculating the fee, should not be applied to transactions concluded before their introduction. According to the applicant, this violates the principle of equality before the law, the right of property and other constitutional norms.

As lawyers explain, the problem is widespread. While the car was on the way from the EAEU countries (especially from Kyrgyzstan and Kazakhstan), the rules for paying the recycling fee for individuals changed several times. As a result, those who completed the documents after the innovations came into force were deprived of the preferential coefficient and received accruals at the commercial rate.

The Federal Customs Service emphasizes that the preferential coefficient is not applied automatically, but depends on compliance with all import criteria for personal use.

Earlier, the most popular crossovers that Russians are driving from China became known.