Pound of Flesh - OMSP

[Flatout]

The next thing is that the repairs or quotes have to be carried out within three months of it landing on these shores.

I had a rejection on that basis of part of a refund request against their valuation.

What was the basis of your appeal, and proof provided in 1 page?

Its not my first time appealing, but a bit different from cars true value is 1k, here's a donedeal/carzone advert, the text was to the point within a page, but the rest was made up of pictures of repairs needed, estimates ect

My point was the car needs work which will cost X amount, and therefore the OMSP they calculated didn't take into account the true condition of the vehicle despite it being pointed out on the day of inspection. Here's pics and estimates to fix, but yet they seem to be moving the goalposts saying you need X, then Y, then Z with 2 line replys.

I've asked if they will send an assessor or nominate one who I can have look at the car, which would clear it up, but ive a feeling robot will say no

[Jasper]

Imported and appealed late last year. 2 independent valuations from insurance assessors,€150 each. They took the average of the 2 and I got 50% refund. My correspondence with the revenue was short and sweet, please find report attached, thanks. About a week between reply’s. I did have the car looking a bit sorry for itself when assessor arrived, removing some interior, exterior trim.

[Jimmy Taybag]

So I had my hearing with the TAC 2 weeks ago and the determination was released this morning - successful appeal, Revenue rapped for not following their own valuation guidelines, and the valuation was dropped from €18,000 to €5,944.

Delighted with the outcome but obviously a broken system here if Revenue are valuing cars at 3x the market

Happy Monday!

[miller]

That is a great result!!! Well done for keeping at it!

Gives the rest of us hope for future imports....being able to stomach the tax for fear of an overzealous VRT estimate.

[davemx-5]

So I had my hearing with the TAC 2 weeks ago and the determination was released this morning - successful appeal, Revenue rapped for not following their own valuation guidelines, and the valuation was dropped from €18,000 to €5,944.

Delighted with the outcome but obviously a broken system here if Revenue are valuing cars at 3x the market

Happy Monday!

Fair play for being determined enough to follow through on that. Do you mind me asking what the difference between the original figure is and the figure post the query?

[AMGE34]

That's a serious result, fair play.

Sent from my SM-G780G using Tapatalk

[Jimmy Taybag]

Do you mind me asking what the difference between the original figure is and the figure post the query?

They originally valued it at €19k after I presented it. After their assessor viewed it (before paying the VRT) it went down to €18k. The Stage 1 appeal was rejected same day, and then down to €5944. VRT rate was 37% so a refund if €4600 odd. (Is this what you are asking me?)
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My argument was that they should have valued the Aristo against a GS300 as its a "similar car" that's on their calculator. No need to be going to the market then just use that as a reference, per their own guidelines.

I will share a link to the determination it goes up on the website. The version I have is not redacted yet for personal info so I won't share publicly, but if anyone wants a copy PM me

[Bazg2]

Nice one, a big FU to ze revenue

[Bootdog]

Is there still an export VRT rebate thing? I got shafted in this situation, albeit the shafting took years to turn up when I exported it again:
When I was exporting they recalculated the VRT for export purposes (as you'd expect, no issues there). However the payment amount was the VRT calculation "less any previous refund". So they deducted the full reduction/rebate/"refund" that I got by appealing when I brought the car in a few years earlier.

I'm not sure there is anything you can do about this, I recall looking up the legislation on it and its either badly written or specifically devised to catch people out.
Revenue would have a very strong incentive to massively overvalue something like this which has a good chance of being exported again in the future

It looks like you got a good result in any case though, bird in the hand and all that

[Jimmy Taybag]

The other VRT nightmare thread reminded me to check if my appeal determination had gone public. Turns out it has:

https://www.taxappeals.ie/en/determi...4tacd2022-vrt-

And a follow up story that warmed my heart. A guy who imported his Aristo at the same time lodged an appeal with the TAC after a token refund with the first stage appeal. Basically copying and pasting from my case. Heard nothing for ages then last week he got a call along the lines of 'John here in Revenue, listen if you withdraw that appeal we'll reduce the VRT to €2000" Cheque issued for €6500 odd. What a professional outfit.

[LukeyLuke]

The other VRT nightmare thread reminded me to check if my appeal determination had gone public. Turns out it has:

https://www.taxappeals.ie/en/determi...4tacd2022-vrt-

And a follow up story that warmed my heart. A guy who imported his Aristo at the same time lodged an appeal with the TAC after a token refund with the first stage appeal. Basically copying and pasting from my case. Heard nothing for ages then last week he got a call along the lines of 'John here in Revenue, listen if you withdraw that appeal we'll reduce the VRT to €2000" Cheque issued for €6500 odd. What a professional outfit.

Great to hear. You're fighting the good fight.

[Jimmy Taybag]

Thanks LukeyLuke. Next step is to try and force them to add the Aristo back on to the VRT calculator with the same depreciation table as a Lexus GS300.

Just like their manual says they should, but it might have slipped their mind:

https://www.revenue.ie/en/tax-profes...section-08.pdf
3.2 Assign a Depreciation Table
Having established the OMSP, the correct rate of depreciation for the vehicle must be established. ....The OMSP and depreciation table relating to this vehicle will then be added to the Revenue database of used vehicles so that the VRT charge for all future vehicles of this particular make, model, version and variant can be calculated at registration. This data becomes the cornerstone of Revenue’s on-line VRT calculator.

Wouldn't it be nice to save the next person to import one being mugged.

[hello spaceman]

Thanks LukeyLuke. Next step is to try and force them to add the Aristo back on to the VRT calculator with the same depreciation table as a Lexus GS300.

Just like their manual says they should, but it might have slipped their mind:

https://www.revenue.ie/en/tax-profes...section-08.pdf
3.2 Assign a Depreciation Table
Having established the OMSP, the correct rate of depreciation for the vehicle must be established. ....The OMSP and depreciation table relating to this vehicle will then be added to the Revenue database of used vehicles so that the VRT charge for all future vehicles of this particular make, model, version and variant can be calculated at registration. This data becomes the cornerstone of Revenue’s on-line VRT calculator.

Wouldn't it be nice to save the next person to import one being mugged.

just skimmed through the thread following your tale. well done on winning that fight.
as for them adding vehicles back to the calculator, once an omsp has been determined, i was not aware of that being a requirement.

can't wait for a more transparent system to be introduced, if that earlier-mentioned court case goes anywhere.

[davemx-5]

Thanks LukeyLuke. Next step is to try and force them to add the Aristo back on to the VRT calculator with the same depreciation table as a Lexus GS300.

Just like their manual says they should, but it might have slipped their mind:

https://www.revenue.ie/en/tax-profes...section-08.pdf
3.2 Assign a Depreciation Table
Having established the OMSP, the correct rate of depreciation for the vehicle must be established. ....The OMSP and depreciation table relating to this vehicle will then be added to the Revenue database of used vehicles so that the VRT charge for all future vehicles of this particular make, model, version and variant can be calculated at registration. This data becomes the cornerstone of Revenue’s on-line VRT calculator.

Wouldn't it be nice to save the next person to import one being mugged.

Fair play to you for taking them on and winning!

[TPaul]

The other VRT nightmare thread reminded me to check if my appeal determination had gone public. Turns out it has:

https://www.taxappeals.ie/en/determi...4tacd2022-vrt-

And a follow up story that warmed my heart. A guy who imported his Aristo at the same time lodged an appeal with the TAC after a token refund with the first stage appeal. Basically copying and pasting from my case. Heard nothing for ages then last week he got a call along the lines of 'John here in Revenue, listen if you withdraw that appeal we'll reduce the VRT to €2000" Cheque issued for €6500 odd. What a professional outfit.

I got a call like that from revenue on one occasion when importing a car, very sweet indeed but also shows how flakey the system is. I submitted a 30 or 35 odd page appeal the first time and then went lodged the commission of taxation appeal so took a bit of time.