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Vehicle back taxes

Discussion in 'Hawaii' started by sowest, Sep 26, 2017.

  1. sowest

    sowest Formula Junior

    Aug 18, 2006
    899
    Hi

    I have a car that has about $2500 in back registration due. It used to be that a car was dropped out of the DMV system after several years. The lady at DMV said that cars are now retained "forever". She did say that it was possible to go before a judge and get a ruling that would allow DMV to waive the back taxes.

    Does anyone here have any knowledge or experience with this? I would appreciate any guidance on how to get the process started.

    Thanks very much.

    Aloha
    Larry
     
  2. spicedriver

    spicedriver Formula 3

    Feb 1, 2011
    1,853
    For cars/bikes you're not going to use for a while, it's best to "surrender" the plates to the DMV. In the old days, you didn't actually have to bring the plates in, but now you do. In this way, you are not charged for whatever time the car is in storage. I guess your argument would be that the car was not being used for that period of time, but you were not aware of the DMV procedures to place the car in storage. For $2,500 it's probably worth it to get an attorney, or at least talk to one to see what your chances are. In any legal matter in Hawaii, you will always do better with an attorney. PM me if you want a number.

    Hawaii also now keeps traffic tickets on your record "forever".
     
  3. WPOZZZ

    WPOZZZ F1 Rookie

    Aug 22, 2012
    4,357
    Honolulu, HI
    #3 WPOZZZ, Sep 26, 2017
    Last edited: Sep 26, 2017
    Larry, I'm not sure about how one would get a judge to waive the back taxes. Spice has a logical argument, but I don't think the judge would be that lenient. If you turn in the plates today, you are still liable for the back taxes until the day you turn in the plates. C&C collects up front.

    Is that for the Dino? Then shouldn't the insurance co pony up? Their insured damaged the car, and made it unable to be inspected annually, and thus, being registered.

    PM sent.
     
  4. bcb70

    bcb70 Karting
    Silver Subscribed

    Mar 30, 2013
    154
    Honolulu
    Full Name:
    Brian B
    Aloha Larry,
    I checked with an HPD friend of mine and like the previous post the taxes follow the plates. If the plates remained with the vehicle and weren't turned in to DMV the taxes are still valid.

    I agree with WPOZZZ, it the vehicle/plates in question are from a vehicle being repaired the insurance company should cover it. If not, it might be worth getting a lawyer to make the argument to judge.
     
  5. sowest

    sowest Formula Junior

    Aug 18, 2006
    899
    Bryan, Brian, and Spicedriver

    Thank you all for your input. I had never heard of this particular process and I am wondering if the clerk at the DMV was fully knowledgeable about what she was telling me. I am looking into statutes and regulations that may apply which are available online. I am starting to think that it may be more cost effective to just pay the fee and move on. The car involved is mine and it is being put back on the road for a buyer. The buyer is willing to split the cost with me.

    This has become a problem because I am a dummy....;>) I didn't turn in the plates because I was sure the car was going to be back on the road soon. It is now six years later! The car is a Series III, Maserati Quattroporte. I bought it when I was caring for elderly parents. They were comfortable in the car and it was very easy to get into and out of and the trunk would easily swallow a wheelchair.

    Again, thank you all for taking the time to respond.

    Aloha
    Larry
     
  6. Bob in Makiki

    Bob in Makiki Formula Junior
    Silver Subscribed Owner

    May 30, 2017
    362
    Honolulu
    Larry, I would offer only one more suggestion. The Department of Customer Services handles vehicle registration. You might try walking in to their office and asking them if there is some way you can address this. Someone at the main office might have some other ideas about how an unusual situation like this might be handled. I don't think a lawyer would help, but there may be some discretionary option that you could prevail upon them to consider. Their main office is at the Mission Memorial Building, 550 South King Street Ste 102. Or, the Motor Vehicle Registration Division's phone number is 768-4325; you might be able to learn something just from a telephone call. I can't promise you that they can help, but if anyone knows a trick to address this, it is probably folks there. Good luck!
     
  7. Bob in Makiki

    Bob in Makiki Formula Junior
    Silver Subscribed Owner

    May 30, 2017
    362
    Honolulu
    After a little looking, I see only one loophole. HRS 249-10(c) says "The owner of any antique motor vehicle shall be exempt from the tax and delinquent penalty imposed under this chapter for the entire period of nonuse; provided that the owner of the antique motor vehicle shall first present to the director of finance a signed and sworn certificate attesting to the antique motor vehicle's period of nonuse." The definition section of the statute says, "'Antique motor vehicle' means any motor vehicle, including a motorcycle or a motor scooter which produces not more than twelve horsepower, of the age of thirty-five years or more from the date of manufacture, that is of the original factory specification or restored to the original specifications in an unaltered or unreconstructed condition, operated or moved over the highway primarily for the purpose of historical exhibition or other similar purposes."

    Otherwise, it looks like this section applies:

    §249-5.5 Stored vehicles. (a) All vehicles taxable under sections 249-1, 249-2, 249-4 and 249-6 to 249-13, which are stored so that they are not used for transportation, or for the other purposes covered by section 249-2, shall be exempt from the tax for the period of storage; provided that the owner of each vehicle shall first present to the director of finance a signed statement of the fact of the storage, together with other relevant facts as may be required by the director of finance and shall surrender the last issued certificate of registration, license plates, and emblem for the vehicle. If the affidavit, certificate of registration, license plates, and emblem are presented to the director of finance after the expiration of the vehicle's registration period, then the unpaid tax for each month the license plates could have been validated with an emblem plus the fee for the currently issued license plates and emblem shall be paid in full upon presenting the affidavit.

    There may be other ways to skin this cat. Again, asking the experts at the Department of Customer Services might help you find some other approach. But this is all I can quickly find.

    So, how old is that Maserati?!
     
  8. sowest

    sowest Formula Junior

    Aug 18, 2006
    899
    Hi Bob

    Thank you VERY much for this. This looks to be a very promising lead. The Maserati is 37 years old. I will explore this avenue.

    Aloha
    Larry
     
  9. jlonmark

    jlonmark F1 Rookie

    Mar 29, 2005
    2,894
    Beverly Hills, CA
    Full Name:
    Jay
    Depending if you have any friends out of state, have them title the vehicle in their state, and then "sell" it to you. You then have a fresh sale and the taxes/fees are exempt as the car was registered, titled in another state. It's like buying a whole new car.
     
  10. 808Forza

    808Forza Formula Junior
    Owner

    Jan 5, 2013
    397
    Honolulu, Hawaii
    Full Name:
    Gil
    The problem with that is they ask for the shipping proof from Matson or Pasha so they know the date it shipped in
     

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