Survivors can have the right to apply for a retroactive motor vehicle tax exemption – but only under certain conditions. A court ruling clarifies when a refund is made.
Inherit legally follow in the footsteps of the deceased. Therefore, you can also apply for a motor vehicle tax exemption retrospectively if the deceased met the conditions for a discount during his lifetime.
“This gives heirs the opportunity to Motor vehicle tax for a person who has since died, “explains Isabel Klocke from the taxpayers’ association with a view to a judgment by the Baden-Württemberg Tax Court (file number: 13 K 1012/18).
Heir applied for motor vehicle tax refund
In the event of a dispute, a handicapped vehicle owner applied for a severely disabled ID in February 2017. In May, however, he had to deregister his car for health reasons. He died shortly thereafter. In June 2017, the district office issued a certificate that confirmed the previous vehicle owner’s disability of 100 percent from February.
After his death, his heir applied for the refund of the motor vehicle tax already paid for the period between the application for the severely disabled person’s ID in February and the deregistration of the vehicle in May 2017, since this is to be waived for people with walking difficulties.
The responsible main customs office declined this. Because the right to tax relief is a personal right, which can not pass to the heirs, according to the authority. On the other hand, the heir brought an action and won. The Finanzgericht Baden-Württemberg confirmed that the heir was authorized to apply and that the day of the disability determined was decisive for the tax calculation.
Judgment shows: heirs have the right to remuneration
However, the judgment is not yet final, because the main customs office has Federal Finance Court Revision filed (Az .: IV R 38/19). Affected heirs can still rely on the ongoing legal proceedings and, in comparable cases, apply for the reimbursement of vehicle tax.
If the main customs office refuses, those affected can appeal and request that the proceedings be suspended. “The appeal number should definitely mention the case number,” advises Klocke. The advantage: heirs can wait for the verdict of the Federal Fiscal Court. As long as your own tax case remains open.