Of course, the Russian mentality is inherent inquality, as a gesture of goodwill. Our citizens sometimes like to show the breadth of the soul and give expensive things. Today, wealthy parents often present their children with royal gifts, such as a car or an apartment. Nobody is surprised at this. As they say, if there is a possibility, then why not. In this regard, the question of how to donate a car to a relative and what documents are needed is becoming more urgent. The following recommendations will be very useful for those who decided to do it.
How can I present a gift car
To start with, you can give a car inoral form. The very fact of the delivery of keys or title documents to the new owner means that the transaction took place. To have additional evidence of its legitimacy, it is not superfluous to invite witnesses or mount the appropriate video material.
Is it necessary to draw up a contract on paper inintention to donate a car? Undoubtedly, if a legal entity acts as a donor or an accomplice. This rule applies to cases where the amount of the contract is 10 times the size of the minimum wage.
In general, experts are strongly advised to make a deal of donating cars always in writing - there are few situations that happen in life. From disputes and litigation no one is immune.
So, you want to give your car to yourrelative. What is needed for this? Write the corresponding document in writing. However, let's see what the meaning of the deal is. Everything is very simple.
Specificity of the transaction
Gift is a free transfer of property or property rights to another person.
At the same time, onlya person who owns it legally. In addition to this, if the machine is initially under an encumbrance (arrest, bail, etc.), then the law prohibits it. However, here there is a clause: if the pledgee does not object to the transaction taking place, then it is legitimate.
It should be emphasized that in order to make the contract more legally effective, it is drawn up in the presence of a notary and is also certified by him.
Features of the procedure
So, we decided on whether we can donatecar without drawing up a written contract. We also found out, under what conditions the contract can be considered lawful. Now let's see how this is all implemented in practice.
For example, we will give an answer to the question: "How can I give a car to my son if he is registered in another region?"
First of all, the father must take offmotor vehicle from the account in the bodies of the State Traffic Safety Inspectorate at the place of residence. After that, relatives make out an agreement on donating the machine in writing from a notary, in addition to which some also constitute an act of acceptance and transfer of the car, but this is up to the parties. By the way, the presence of a notary and the confirmation of a transaction by him is also not an obligatory procedure. At the next stage, the son registers the vehicle in the traffic police at the place of his registration, and his father's participation in this is not necessary, if the agreement was made in the presence of a notary. If it is a question of a simple contract writing, then the father and son must register the car together.
What you need to formalize the contract
Because the car belongs to the categoryexpensive property, you should draw up a gift agreement in writing. Terms of the contract must contain information about the technical parameters of the machine, including the type, body number, engine number. The details of the certificate of ownership of the car are also indicated. At the discretion of the parties, the agreement can include information on how much this property is worth.
If the parties decided to certify the agreement in the notary chamber, then its employees will require additional documents for the legal registration of the transaction.
- the document proving the identity;
- certificate of ownership of the vehicle;
- PTS (passport of technical means);
- A certificate issued by the insurance company, where the estimated value of the property is indicated.
Counterparties should remember that the notaryAfter registration of the transaction it is necessary to pay the tax. Its size depends on the degree of kinship between the donee and the donor. In particular, if the parties to the contract are relatives (including adopted children), the amount of tax is 0.3% of the value of the car, if they are not, then it will be necessary to contribute 1% of the value of the property.
It should be noted that since the beginning of 2006, the tax onthe donated car is not charged. In other words, it is not necessary to pay the state treasury for the transaction. At the same time, there is one essential reservation. The above rule applies to those counterparties who are related to each other.
It should be noted that there are alsonuances and subtleties. So, if the husband and wife act simultaneously on the side of the donor and the donee, then the one who receives the car as a gift will have to declare the received income after a certain amount of time and submit the relevant documents to the tax authority. However, this procedure is, rather, a formal one. Also, employees of the tax inspectorate may require a certificate confirming that the parties to the gift contract are indeed in a lawful marriage. It should be emphasized that in the case under consideration, the donee is exempt from tax. It should also be added that if one of the spouses alienates the vehicle (sells, gives, leases), then in order for the transaction to be legal, it must get permission from its second half.
If the parties to the gift agreement do not have blood ties among themselves, then the law obliges in this case to keep as a tax an amount equal to 13% of the value of the car.
So, let's sum up. To minimize the probability of occurrence of disputable situations in the future, it is better to draw up a car donation contract and a transfer certificate in writing. Information regarding the car must be as reliable as possible. Close relatives under the machine donation agreement are exempted from paying taxes. The person to be decorated must, within 10 days from the date of the transaction, register a motor vehicle in the State Traffic Safety Inspectorate at the place of registration.