# expired tag / renew tag help "PLEASE" !!!!!



## jon c anderson (May 30, 2008)

ok i bought this truck from a private owner with a good title & an expired tag since 2006. i fixed up the truck to sell (no offers) so i tagged & insured it so i can start driving it.

the dmv told me i have to pay the previous owners taxes  ! why am i responsible for the pervious owners taxes ?? they told me its a new law since 5 yrs. ago.the dmv told me to contact the old owner to pay the taxes , sure right ?


PLEASE EXPLAIN

just alittle ticked off here !

jon anderson
229 896 6140
229 456 0647


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## foodplotplanter (May 30, 2008)

thats sounds crazy
maybe try telling them it was totaled and you did a total rebuild
if it was totaled for a few years,it shouldn`t had any value
it might work....all they can say is no
or tell them you will have to charge them a collection fee for collecting back taxes


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## foodplotplanter (May 30, 2008)

how hard is that to get ?


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## awstapp (May 30, 2008)

that is correct....example being that my last boat didnt have a tag on it for the previous year that I bought it. When i went to get a tag under my name, I had to  pay taxes on the current year and year that hadnt been payed. I agree...it sucks!!


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## jon c anderson (May 30, 2008)

awstapp said:


> that is correct....example being that my last boat didnt have a tag on it for the previous year that I bought it. When i went to get a tag under my name, I had to  pay taxes on the current year and year that hadnt been payed. I agree...it sucks!!





so what if you bought a truck to restore & its like a 1949 ?

what can we do about this ? how come the state is making us responable for someones else taxes ?


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## Twenty five ought six (May 31, 2008)

Something is not right here.  I know people that have parked vehicles for years, and then retagged them.

Have you talked to the local tax agent (tax commissioner)?


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## jon c anderson (May 31, 2008)

Twenty five ought six said:


> Something is not right here.  I know people that have parked vehicles for years, and then retagged them.
> 
> Have you talked to the local tax agent (tax commissioner)?



i talked to the person who tag & transfered the title & that is what she said


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## Slingblade (May 31, 2008)

If the vehicle was not on the road then taxes shouldn't be due, that's ridiculous.


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## Ta-ton-ka chips (May 31, 2008)

Twenty five ought six said:


> Something is not right here.  I know people that have parked vehicles for years, and then retagged them.
> 
> Have you talked to the local tax agent (tax commissioner)?



If it's not running and not on the roadways then why should ANY tax be owed?

I believe you're getting bad info in this case. Since when is a private citizen required to collect taxes from others for the government. Will they deputise you, give you a gun and a bullet? This is absurd.


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## Tomboy Boots (May 31, 2008)

You are getting the correct info. unfortunately... those taxes will be paid by someone before you get a tag, and since you bought the truck and are trying to get a tag, you are the one who is going to pay them if you want a tag. I've had the same issue with several vehicles which were parked (already registered in my name), not being used, no insurance and registration, and when you try to get a current tag you will pay those taxes. If you sell it with taxes owing, the new owner will pay them. Doesn't seem fair at all. 

Thats not the only thing that isn't fair. My son drove a friends truck to the store. He was pulled over in a traffic stop, the tag on the truck showed it was valid, but when the tag was run it came back showing it was cancelled. He was charged with driving on a suspended/cancelled tag, the vehicle was towed, and it ended up costing 1200.00... We went to court and the judge said, "It is your responsibility to know the tag is valid", to which I responded, "The tag had been cancelled less than 2 weeks, and it showed a valid sticker, and it wasn't even his vehicle". Well the owner didn't pay anything, get charged with anything... And the judge failed to mention that since my son was convicted of driving on a suspended/cancelled registration his GA drivers license would also be suspended... a couple of months later he was pulled over for no seatbelt, they ran his drivers license, it came back suspended, they arrested him, cost me 800.00 to bail him out of jail, he got community service, a fine and probation, ended up costing me over 2000.00 because he drove to the store in a friends truck  In the past you had to be notified/served that you're drivers license had been suspended before they could arrest you, that has also changed, you no longer have to be notified...


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## bulletproof1510 (May 31, 2008)

The state has now adopted a new law stating that if your license are suspended for minor infractions then you are to surrender them and be served.


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## WTM45 (May 31, 2008)

O.C.G.A. § 48-5-476  (2007)

§ 48-5-476.  Collection procedure when taxing county differs from county of purchaser's residence 


   When a motor vehicle is purchased from a seller who is required to return the motor vehicle for ad valorem taxation in a county other than the county where the purchaser resides, the tax collector or tax commissioner of the county in which the motor vehicle is returned for taxation shall collect the required fee for the registration of the vehicle in addition to the ad valorem taxes due on the vehicle and, at the request of the purchaser, shall transmit the fee, the application for registration, and an appropriate certificate indicating that all ad valorem taxes due on the motor vehicle have been paid to the tax collector or tax commissioner of the county where the purchaser resides. Upon receipt of the fee and documents, the tax collector or tax commissioner of the county where the purchaser resides shall issue the required license plate.


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## WTM45 (May 31, 2008)

HERE IS HOW YOU CAN LEGALLY VOID THE SALES CONTRACT IF YOU DO NOT WANT TO PAY THE OUTSTANDING AD VALOREM TAXES, AND THE SELLER REFUSES TO PAY THEM.

O.C.G.A. § 48-2-61  (2007)

§ 48-2-61.  Effect of actions taken to avoid payment of taxes; liability 


   (a) All deeds of gift, mortgages, sales, transfers of titles to motor vehicles, and assignments of property of any kind made to avoid payment of taxes and all judgments procured for the purpose of avoiding payment of taxes shall be null and void.

(b) The person holding such property or the person to whom such conveyance has been made and the property also, wherever found and no matter in whose possession it may be, shall be liable for taxes.


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## Tomboy Boots (May 31, 2008)

bulletproof1510 said:


> The state has now adopted a new law stating that if your license are suspended for minor infractions then you are to surrender them and be served.



I work with a law enforcement agency... Before, if we were to advise an officer that the driver had not been served, he would at that time be served and surrender his license to the officer, but would not be arrested. Now, it is not required that they be served before they can be arrested... And they are constantly changing laws, it can be difficult to keep up with the changes


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## jon c anderson (May 31, 2008)

WTM45 said:


> HERE IS HOW YOU CAN LEGALLY VOID THE SALES CONTRACT IF YOU DO NOT WANT TO PAY THE OUTSTANDING AD VALOREM TAXES, AND THE SELLER REFUSES TO PAY THEM.
> 
> O.C.G.A. § 48-2-61  (2007)
> 
> ...




where did you get this info ?


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## secondseason (May 31, 2008)

Wow!!  That is a new one on me.  I thought that if you didn't have a registration and were not using the vehicle that you didn't have to pay ad v on them. 

Wow!!


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## Slingblade (May 31, 2008)

I wonder if you went to the tag office and surrendered the tag if that would prevent ad valorem taxes from accruing?


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## Killdee (May 31, 2008)

I have a 65 1/2 ton and have parked it for the past  few years, I was advised that the ad valorem were still due so Ive kept them paid its only about 25$ on the 65 though.


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## WTM45 (May 31, 2008)

jon c anderson said:


> where did you get this info ?



Georgia Code.  It is online.


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## HUNTIN4LIFE (Jun 1, 2008)

Tomboy Boots said:


> I work with a law enforcement agency... Before, if we were to advise an officer that the driver had not been served, he would at that time be served and surrender his license to the officer, but would not be arrested. Now, it is not required that they be served before they can be arrested... And they are constantly changing laws, it can be difficult to keep up with the changes



It has recently been changed again:


The following suspension types require actual notice (a serve date):

•Failure to Appear
•Insurance Cancellation
•Gasoline Drive-off
•Child Support
•Points Accrual
•Serious Violations <21
•Serious School Violations
•Violating License Restrictions


These do not require a serve date:

•DUI
•DUI, ALS
•Homicide by Vehicle
•Hit and Run
•Racing
•Fleeing or Attempting to Elude
• Fraudulent or Fictitious use of or application for a license
• *Operating a motor vehicle with a
revoked, suspended, or canceled
registration*
•Controlled Substance Violations
•Driving While License Suspended
• *No Insurance*


This was changed in the case Fuller v. State and it was decided Jan. 24, 2008 and went into effect Feb. 18, 2008 I believe


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## jon c anderson (Jun 1, 2008)

WTM45 said:


> Georgia Code.  It is online.



ok thanks , am i screwed ? i already got a new tag & payed the tax or can i go back & tell them it was a gift per section a ?


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## jimmy_mac (Jun 1, 2008)

That's all correct on the Adv. tax . I just come from thelocal Tag office on Friday where I paid $858.38 for three vehicles I use on a regular basis and one that is for sale. The lady at the tag office said the only way to avoid adv. tax on the vehicle I was selling was to sell it to someone out of state. She went on to explain that if I purchased an older car/truck ect. from an individual from out of state, then I would not be responsible for any other years adv. tax. only for the year in which I register it & that would not be due until I renewed the tag. So if you transfer a title to say Alabama or Florida to a friend or family memebers address while you are working on the vehicle and retitle it in Ga when you are ready to put it back on the road, then any previous adv. taxes are waived. 

Also if you have sold a vehicle and cancelled your insurance coverage with your carrier it is a good idea to check with the state and make sure it was cancelled the correct way with the DMV. If the insurnace company does not file it correctly, the state will suspend your license and that is a surprise no one needs.


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## HUNTIN4LIFE (Jun 1, 2008)

jimmy_mac said:


> That's all correct on the Adv. tax . I just come from thelocal Tag office on Friday where I paid $858.38 for three vehicles I use on a regular basis and one that is for sale. The lady at the tag office said the only way to avoid adv. tax on the vehicle I was selling was to sell it to someone out of state. She went on to explain that if I purchased an older car/truck ect. from an individual from out of state, then I would not be responsible for any other years adv. tax. only for the year in which I register it & that would not be due until I renewed the tag. So if you transfer a title to say Alabama or Florida to a friend or family memebers address while you are working on the vehicle and retitle it in Ga when you are ready to put it back on the road, then any previous adv. taxes are waived.
> 
> Also if you have sold a vehicle and cancelled your insurance coverage with your carrier it is a good idea to check with the state and make sure it was cancelled the correct way with the DMV. If the insurnace company does not file it correctly, the state will suspend your license and that is a surprise no one needs.




The DMV no longer suspends your DL due to an insurance lapse.  They just suspend the registration on the vehicle.  Your DL does not get suspended for No Insurance until you get convicted of operating the vehicle with No Insurance


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## WTM45 (Jun 1, 2008)

jon c anderson said:


> ok thanks , am i screwed ? i already got a new tag & payed the tax or can i go back & tell them it was a gift per section a ?



Does not matter if it was a sale or a gift.  The taxes had to be paid prior to registration issuance.


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## whitworth (Jun 1, 2008)

*Maybe they'll start deporting*

to Mexico or Florida.


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## deanos74 (Jun 1, 2008)

well as far as i live in a county with no emissions.. i just bought a  93 mustang that hasnt had a tag or insurance in 4 years..we have never had to pay any taxes. for the first year then taxes are accessed the following year thats when the taxes are due and they are never high. becaused i asked  they said when i renewed the tag next year it was only going to be 13. dollars    the tag and tittle fee for  the first year was only 38. dollars..20.dollars for the tag and to send the title off was 18. dollars.. and as long as i haved lived here it has always been that way.. but they said the taxes are accesed on how much you gave for the vehichle.. thats why the vehicle evaluation is there and the taxes are based on a percentage of the vehicles worth.....like equaity on your house...


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