How to draw up a car donation agreement

Features of gifting to a non-relative

In this case, the contract must indicate the estimated value of the car.
The recipient will have to submit a declaration to the Federal Tax Service for the calculation and payment of tax, and tax authorities may, when checking information, request supporting documents, including an assessment report. It is these transactions that are best notarized. The contract must indicate:

• estimated value of the vehicle (according to the donor and recipient or an independent appraiser);
• who bears the costs of the deed of gift (costs of a lawyer, notary);
• indicate that the car is not stolen, not pawned or sold;
• It can be added that in the event of the death of the donee, the vehicle goes back to the donor (Article 578 of the Civil Code).

Drivers know that 2012 was marked by changes to the Road Traffic Rules regarding the list of papers that the driver must carry with him and present for verification at the request of police officers. It excludes documents confirming the right to use and/or dispose of a vehicle (vehicle).

Today, unhindered driving of a car is possible even in the absence of an agreement on its sale/exchange/donation or a power of attorney. The driver only needs to have:

• a driver's license or temporary driving permit that has not expired;
• registration documents (applies to all vehicles except mopeds);
• OSAGO policy.

However, this does not mean that the execution of a written deed of gift for a car between close relatives or friends can be neglected. The rule on the possibility of concluding a gift agreement orally, for example, through the symbolic delivery of keys and documents, applies only to things worth less than 10 thousand rubles.

Failure to comply with the requirements to provide a deed of gift for a relative's car in writing does not indicate its nullity. During the trial, the donee has a chance to defend the validity of the oral agreement regarding the car.

The difficulty lies in the fact that in confirming the fact of the donation in the described situation, the donee is prohibited from referring to witness testimony. He can only operate with written evidence: telegrams, letters and the like. The court may be presented, for example, with a video recording of a wedding, where, during the congratulations, the owner of the car publicly announces its donation and hands over the keys and documents for the vehicle to the newlyweds.

A deed of gift for a car through an oral transaction can lead to other problems if the donor has died. To register a car, in any case, you need a title document. Due to the absence of a written deed of gift for a car between close relatives, a court decision recognizing ownership rights can be used in this capacity.

1. Gift of a car by parents to a married son (married daughter), so that the other half cannot claim its division in the event of a divorce. According to the provisions of the Family Code, after a formalized divorce, all property that was acquired and acquired during marriage must be divided equally, including a vehicle. The exception is those things that were received by one of the spouses as a personal gift, no matter during or before marriage. This trick can be used by shrewd parents who anticipate the possibility of divorce proceedings in the future.
2. One of the spouses has a large debt on bank loans. One of the common ways for the bailiff service to “knock out” debts from debtors is to seize a car and describe other valuable property. In this case, it is beneficial for the debtor spouse to issue a deed of gift for the car in order to exclude it from the inventory of seized property and leave it in the family.
3. If one of the parties (done or donor) is a legal entity, i.e. is an organization, then any gift worth more than 3 thousand rubles must be accompanied by a gift agreement drawn up in writing.
4. In addition, when transferring an inheritance, a deed of gift allows:
   do without making a will;
5. facilitate the process of accepting an inheritance for a specific person;
6. deprive other heirs of the right to inherit the car.

When re-registering a car, at the request of the new owner, you can keep the old license plates or get new ones. To retain your old registration plates, you must indicate this on the standard application form in the space provided. Refusal to provide old numbers can only be when the previous owner wishes to keep them.

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Re-registration of a car under a gift agreement

A means of transportation is the dream of many Russians. For most, it’s a pipe dream, since the prices for new high-status cars are sky-high, and not everyone will agree to buy some junk and then repair it for the rest of their lives. But if the car is a gift, they don’t look at such “little things” and accept used cars as gifts in more or less “viable” condition.

The subject of the gift agreement must be described in detail in the agreement, and accepting or not accepting it as it is (either chic, new, or slightly battered, old) is the right of the recipient.

A car gift agreement is concluded by two parties: the donor and the recipient, and, often, both represent different generations of the same family. Grandfathers give cars to their grandchildren, and fathers give them to their children—this practice is observed most often. Less often, transactions are made by brothers or sisters, uncles and nephews, and even less often by people in the status of distant relatives.

However, any gift transaction concluded between people of any degree of relationship, as well as between unrelated citizens, as well as individuals and legal entities, is legal if it took place in accordance with the current legislation.

The main feature of a car donation agreement is that it is free of charge. In exchange for the car, the recipient should not transfer even a symbolic amount of money to the donor, or provide him with any services.

The price of registering a gift in a proper legal manner consists of several points (but not all of them are required):

• payment for notary services, if he is involved in the procedure (according to the tariff);
• state fee for notarized registration of a gift agreement;
• state duty when registering with the traffic police;
• tax on property received as a gift.

Close relatives of the donor do not pay tax; for other recipients of the gift it is 13% of the value of the gift object.

If you contact a notary, the state fee will depend on the cost of the car:

• if the price of the car is up to 10 million rubles, then you need to pay 3,000 rubles to the treasury, plus 0.2% of the estimated value;
• price - above 10 million, state duty - 23,000 rubles, plus 0.1% of the cost.

These were numbers for the relatives of the donor. If the receiving party is not related to the donor, the amounts increase. For example, if the cost of a car is up to 10 million, the duty will be 7,000 rubles and 0.2% of the cost. If the gift car is very expensive and its price exceeds 10 million, then the duty amount is 25,000 rubles and an additional 0.1% of the cost.

I have already indicated the amount of fees for registration with the traffic police in step 6.

The introductory part of the agreement is followed by the main part. A sample deed of gift for a car usually contains wording like “the donor gives as a gift, and the donee accepts the car...”. Next, indicate identification data, namely:

• brand;
• model;
• license plate;
• color;
• identification number (VIN);
• year of issue.

The deed of gift for the car must also contain the following numbers:

• engine;
• chassis (frame);
• bodies (strollers).

Although the gift is a gratuitous transaction, the deed of gift for the car must contain an indication of its value (not to be confused with the redemption price upon sale). No expert assessment is required. It is better to write the minimum amount, since the cost matters when determining the tax obligations of the donee for personal income tax (personal income tax). However, it must be realistic and approximately in line with the market price.

You can give what you own. Therefore, it should be indicated that the alienated vehicle:

• is owned by the donor;
• not alienated or mortgaged to anyone;
• is not under arrest;
• is not in dispute.

Next, refer to the details of the registration certificate, enter its series, number, authority and date of issue. If relevant, the deed of gift for the car may indicate that the seller undertakes to deregister it. The agreement may provide:

• its signing indicates the fact of transfer of the vehicle;
• the donor undertakes to transfer the car to the donee within a certain period according to the transfer deed.

The last point indicates the number of original copies of the deed of gift. Usually there are three of them (one each for the parties and the traffic police). The document is completed by the signatures of the parties to the agreement.

With the adoption of Administrative Regulations of the Ministry of Internal Affairs No. 605 in 2013, the procedure for state registration of a car for a new owner has been significantly simplified. The owner can donate it without first deregistering it and without receiving state “Transit” signs.

The donor will have to contact the traffic police only if he plans to keep the previous state signs for installation on his new car. When officials receive a corresponding application, they accept old state signs for 180-day storage and issue new ones in return. During the storage period, the donor has the right to reclaim the registration plates handed over to him for installation on another car. These actions have nothing to do with the registration of the donation.

State registration of a donated car for the donee occurs at his request without the presence of the donor. You can contact any traffic police department, regardless of the region of registration of the car, place of residence or temporary stay of the recipient.

When registering a donated car, the recipient can keep the state signs with which he purchased the car or receive new ones. By deciding to keep the old license plates, the recipient saves on paying the fee.

If the donor wishes to retain the old license plates, before issuing a gift for the car, he should contact the traffic police with a corresponding application. Registration of deposit takes less than an hour.

The donor and the donee draw up and sign a deed of gift for the car, and, if necessary, also a deed of transfer. Information about the new owner is entered into the vehicle passport (PTS).

Subsequent activities depend on the availability of a valid diagnostic card. If it is not there, you must undergo a technical inspection and obtain a document. During the technical inspection, it is a good idea to check the unit numbers (engine, chassis) with the vehicle title data. If the car was released after 09/01/2012, the title must include a note indicating the payment of the recycling fee.

Carrying out any registration actions with a car is possible if you have a valid MTPL policy. If the donor has a policy, you can jointly contact the insurer and change the list of people allowed to manage it. If there is no policy or its validity is nearing its end, the recipient issues a new one.

If the car does not have a diagnostic card or a compulsory motor liability insurance policy, it is advisable for the recipient to take out insurance twice. The first time - short-term (up to 20 days) to go to the place of inspection and state registration of the donated car. After successfully completing all procedures, you can issue a permanent (annual) policy.

Optional step: the donor receives new state signs subject to payment of a fee. The latter will necessarily contain a digital region code. Before you issue a deed of gift for a car, you should prepare the following documents:

• statement;
• PTS;
• certificate of state registration of the vehicle;
• a self-drafted or notarized deed of gift;
• OSAGO policy;
• general passport or other identity document of the donee.

For those who are wondering how to register a deed of gift for a car, it is important to pay attention to possible grounds for refusing to register it with the recipient:

• unreliability of the submitted documents, their non-compliance with legal requirements regarding content and form;
• lack of a compulsory motor liability insurance policy;
• whether the vehicle is wanted (you can check it yourself, this database is publicly available);
• the effect of a ban by a court or a FSSP bailiff on the alienation of a vehicle;
• presence of signs of destruction or changes in the marking of units, as well as inconsistency of PTS data;
• making changes to the design of the vehicle that are not specified in the documents, or the vehicle is not certified in the Russian Federation;
• there are no marks on payment of the recycling fee (applies to cars manufactured after 09/01/12).

A deed of gift for a car requires different documents than an inheritance without a will.

The transfer of a car as a gift is regulated by Chapter 32 of the Civil Code of the Russian Federation and can be formalized in one of two forms:

1. Oral – delivery of documents and keys to the new owner. To confirm the transaction, witness testimony or video recording of the process will be required.
2. Written – signing by the parties of the relevant agreement.

It is recommended to draw up a deed of gift in writing, since without the appropriate document, the donee will not be able to register the car.

The donor can be either an individual or a legal entity.

Only an individual has the right to accept a car as a gift.

Commercial organizations are prohibited from donating a car to each other.

Regardless of who the donor and the donee are related to each other, the agreement is allowed to be drawn up in free form, but with the obligatory indication of:

• surname, name and patronymic of both parties to the transaction;
• passport details of the parties and addresses at which they are registered;
• information about the subject of the contract, i.e. data on the make, model, state registration number, year of manufacture, engine and body numbers of the car;
• timing of the transfer of the car (indicated if the donor plans to donate the car in the future);
• grounds for donation, i.e. data on documents confirming the donor’s ownership of the car.

Within ten days after the deal is concluded, the car must be registered with the traffic police.

To carry out the procedure, its new owner must provide:

• relevant statement;
• passport or other identity document;
• deed of gift;
• a receipt confirming payment of the state fee;
• MTPL insurance policy;
• documents confirming family ties between the donor and the donee (if the parties to the transaction are relatives).

A citizen who has received a car free of charge must submit a corresponding declaration to the tax police.

The person who has received a car as a gift has the right to dispose of it at his own discretion and in full immediately after the car is registered in his name.

Consequently, the new owner has the right to sell the new property the very next day after taking ownership.

You can evaluate a vehicle before selling it in one of the following ways:

• use the services of an official dealership or car showroom;
• look on the Internet for sites for the sale and evaluation of cars (Carprice. Avito, etc.);
• evaluate the car yourself.

• date and place of drawing up the vehicle donation agreement;
• full last name, first name and patronymic of the donor, his registration address, passport data (series, number, by whom and when it was issued);
• the same data, only about the donee;
• information about the car - model, make, color of the car, year of manufacture, VIN code, engine size;
• information about the rights and obligations of both parties to the contract;
• signatures of the donor and recipient.

• payment for services and assistance in drawing up a notary agreement. If he takes part in the registration of the donation, then the services are paid according to the established tariff;
• National tax. Paid exclusively upon notarization of the deed of gift for the car;
• state duty when registering a car with the traffic police;
• tax on income received as a result of a gift.

Can the recipient of the gift refuse the car deed of gift issued to him?

A mandatory sample deed of gift for a car has not been established by law. Therefore, the parties can formulate the terms of the agreement at their own discretion. A deed of gift for a car to a relative is drawn up according to the same rules as for a third party. It is advisable to adhere to the following scheme.

The first line is the name of the document “car donation agreement”. The indication that the agreement is a deed of gift extends the provisions of civil law on donations to the legal relations of the parties. It is enough for the parties to agree on the essential terms of the transaction, namely, to describe the gift.

The introductory part of the deed of gift for a car contains data that allows you to identify the parties to the agreement:

• in relation to individuals - last name, first name, and, if available, also patronymic;
• state registration address and actual residence;
• details of a general passport or other identification document: series, number, date and issuing authority.

The introductory part should indicate which of the parties to the agreement is the donor and which is the donee. Further, the text of the transaction does not specify their identity.

Since a gift for a car is a gratuitous transaction, the recipient’s expenses can only be associated with the execution of the agreement, travel and payment of taxes. State fees for issuance:

• license plate number – 2 thousand rubles;
• car registration certificate - 500 rubles;
• PTS - 800 rub.

Making changes to a previously issued PTS will cost 350 rubles. Those who are wondering how to issue a deed of gift for a car through a notary should prepare for additional expenses. The state fee for registration of the agreement is:

• 0.3% of the cost of the car, if the donation is made in favor of one’s own or adopted child, spouse, parents, full (common father and mother) brother or sister;
• 1% of the cost of the car, but not less than 300 rubles. when donating a vehicle to any other person.

In connection with receiving a car as a gift, the recipient has obligations to pay personal income tax (personal income tax), which is collected as a percentage of the market value of the car. This percentage varies depending on the taxpayer status.

Persons who have stayed in the Russian Federation for more than 182 days during the last year are recognized as tax residents regardless of citizenship and pay a tax of 13%. Non-residents pay 30%. A recipient who received a car as a gift from a close relative is exempt from paying personal income tax. The benefit applies, in particular, to non-residents and citizens of other countries. It can be used by persons related to the donor:

• spouse (only a registered marriage matters);
• parent/adoptive parent;
• grandson, grandfather/grandmother;
• brother/sister of at least one of the parents.

The owner has the right to donate a car without deregistering it. It is enough to give a deed of gift for a car in a simple written form. It is not subject to mandatory notarization. Registration is carried out by the donee in any department of the traffic police without the presence of the donor.

The rules for drawing up a gift document are simple and the donation procedure is standard, however, there are nuances, ignorance or ignorance of which is equivalent to a gross mistake that will not allow the transaction to come into force.

The first is careless drafting of the deed of gift. Typos and minor errors resulting in distortion of the parties' passport data are unacceptable. Also, you cannot ignore the detailed characteristics of the object of donation and write off with general phrases: “A car of such and such brand, year of manufacture of such and such” - that’s all. Details always play an important role, including in a gift document.

• if the recipient loses it, it will be possible to register the car using a second copy;
• If any controversial situation arises with the tax service or other authorities, the person who donated the car can present the relevant document as confirmation of the fact of the donation.

• the documents submitted for registration contain false or inaccurate data;
• any documents or all of them from the mandatory list are fake;
• there are no required marks in the PTS;
• there is a ban on registering this particular car;
• for some reason the car does not meet safety requirements.

Maybe. To do this, an appropriate document must be written indicating the passport details of the recipient, the subject of the donation and the refusal itself. The paper must be certified by a notary, just like the gift agreement.

It is worth noting that the “benefactor” can reverse the move and cancel the donation. This right is given to him by the Civil Code (Article 577) in case such generosity significantly worsens his standard of living.

If you are going to give someone such a generous gift as a car, or vice versa - you are preparing to receive it yourself, it is better to consult a lawyer in advance. This will save you from many disappointments and unpleasant surprises in the future.

Is it possible to conduct a transaction without a notary?

Notarized confirmation is not required by law. However, there are situations where it is truly worth it.

Such cases include:

• suspensive transaction (transfer of the subject of the contract will take place within a certain period);
• if the donee is not a relative, in order to avoid various claims from relatives and, if anything happens, to facilitate legal disputes.
• The amount that the transaction will cost is individual and depends on many criteria:
• the involvement of a notary will amount to at least 0.5% of the value of the donated item, and the amount cannot be less than three hundred rubles or more than twenty thousand rubles;
• when the donee is not a relative, you will have to pay a tax of 13% of the market value;
• costs associated with re-registration of a car (issuance of a new registration certificate and entering data into the title);
• if an independent expert was hired to evaluate the car, the cost of his services may vary significantly depending on the area of ​​residence, usually the minimum threshold is two thousand rubles;
• the involvement of a lawyer will require additional costs, but in this case the help of a notary will not be needed, and vice versa, with a notary a lawyer is not needed.

IMPORTANT !!! Thus, issuing a deed of gift for a car is not at all difficult, especially if the transaction is concluded between close relatives. When transferring property to another person, it is best to ask if family members are against it, which will avoid problems and protracted legal proceedings.

Based on all of the above, it will be cheaper to draw up a contract yourself; you will only need to pay government fees, but sometimes it’s worth playing it safe and hiring qualified specialists, especially when the car is expensive.

Re-registration of a car under a gift agreement

When drawing up a donation agreement, you carry out an official assessment of the car, which indicates the real value of the vehicle, from this amount you are obliged to pay 30% to the state, for this reason even the closest relatives draw up a certificate of invoice or purchase and sale agreement, it is not necessary to indicate the real value of the vehicle

“Under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to himself or to a third party.” .

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The contract must be drawn up in simple written form because:

• without it, it is impossible to register the car with the traffic police for the new owner;
• the contract specifies all the data about the car, the parties to the transaction, the cost of the car (for a non-relative) and other important points of this procedure.

Before you issue a deed of gift for a car, you need to make sure that the owner has ownership documents. To draw up an agreement and then re-register a car with the traffic police in the name of the donee, you will need:

• PTS;
• car registration certificate;
• passports of the parties to the transaction;
• an act of valuation of the vehicle (by an independent expert appraiser) for donation to a non-relative, this is not necessary, but highly desirable;
• an extract from the notary register that the car is not pledged;
• an extract from the traffic police database stating that the car is not listed as stolen and there are no other restrictions;
• a receipt for payment of the state duty by the donee (payment through State Services allows you to save 30% of the fee);
• insurance for the new owner;
• If the vehicle was acquired by the donor during marriage, and the spouse is alive, then the spouse’s consent to the transaction is required.

In general, the consent of the spouse is desirable for the reliability of the transaction (for the peace of mind of the donee), and not as a requirement of the law. Consent to the disposal of common property, including a car, is considered received if the spouse not participating in the transaction does not challenge it. The transaction can be canceled if the court finds that the spouse did not agree with the agreement and the donee knew about it.

Do I need to have my spouse's consent notarized? The consent must be notarized if the gift agreement is certified by a notary. And also, if the person giving consent so wishes.

How to draw up a contract correctly

The current legislation does not in any way establish a mandatory form of agreement; it can be drawn up in the Republic of Belarus.

However, to recognize the transaction as valid, you must indicate:

• passport details of the parties, including personal data and registration address;
• indicate the object or subject of the contract, in this case it will be a car, it is recommended to describe the car as accurately as possible, you can use data from the manufacturer (color, brand, name, unit numbers);
• the transaction can be made suspensive, this will require an indication of the moment of its occurrence, however, the moment cannot be equal to the death of the person, since in this case the rules of inheritance law will come into force;
• indicate a document confirming the donor’s ownership (vehicle registration certificate);
• The following information will not be superfluous:
• approximate market value (there is no need to resort to the services of experts, it is enough to do it “by eye”);
• register that the car is not problematic (there are no restrictions, arrests, etc.);
• find out which party will pay the costs of drawing up the contract; their amount will be discussed further;
• it is possible to introduce a provision that will allow the object of the donation to return to the donor if the donee is declared dead (Article 578 of the Civil Code of the Russian Federation);

ATTENTION !!! It is important to note that transferring a car from one close relative to another, for example, registering it in the name of a father, mother or daughter, will not require an assessment of the value of the car.

After the agreement has been fully drawn up and approved by the parties, it is signed. It is highly desirable to draw up a separate transfer and acceptance certificate, which will confirm that the keys have indeed been transferred to the new owner. If the item of donation is the common joint property of the spouses, then the written consent of the second will be required, even if there is only one owner of the car.

Re-registration of the owner, as a general rule, must be carried out at any traffic police department no later than 10 working days.

Can the recipient of the gift refuse the car deed of gift issued to him?

Until the actual transfer of the car and its registration with the owner (donor), anything can happen. In the event of his death, the rules of inheritance law come into force.

If you are the heir of the first stage, then you don’t have to worry about the fate of the car. The only thing is the fact that other heirs of the first priority will claim it in equal shares. However, if the car was donated to a complete stranger, and he did not have time to register the right with the traffic police, then the heirs can begin the process of canceling the gift agreement.

The heirs have the right to begin such a process in any case. There must be very good grounds to file a claim. For the donee, there is only one way out - to confirm in court his right to the car, citing the fact that the former owner signed the agreement in his right mind, without coercion, and being in a capable state.

The list of grounds for canceling a donation is contained in clause 5 of Art. 582 and art. 584 Civil Code of the Russian Federation. Among the main reasons why you can revoke a deed of gift:

• attempt on the life and health of the donor and/or his relatives;
• making a donation by a legal entity at the expense of business funds in circumvention of the Bankruptcy Law;
• improper treatment of the object of donation by the recipient;
• misuse of a gift, if it is donated property;
• if the donor survives the recipient (such a condition must be included in the content of the contract);
• other terms of the donation agreement.

Legal practice shows that despite the norms and conditions for the cancellation of deeds of gift specifically prescribed in legislation, in reality it is quite difficult to prove violations.

But if this is successful, then the consequence of the cancellation of the gift agreement is the return of the parties to their original position - that is, the donor again acquires the right to own the donated property. If the recipient does not have the opportunity to return the property, he compensates for its value in monetary terms.

Transfer of a car by deed of gift without deregistration

Donating a car without deregistering it with the traffic police is possible. The vehicle is deregistered automatically after it is registered by the new owner. By virtue of Art. 18 Federal Law dated 03.08.2018 N 283-FZ “On the state registration of vehicles in the Russian Federation and on amendments to certain legislative acts of the Russian Federation” the state registration of a vehicle is terminated upon application by the owner of the vehicle.

As a result of this, we can say that in order to formalize a deed of gift, you must comply with the requirements so that there are no problems with the law. If necessary, you can seek the help of professional lawyers who will help you draw up documents and carry out the transaction quickly!

Registering a car after a donation agreement

You can not formalize it at all, but formalize everything verbally. The procedure simply boils down to handing over the keys and title documents for the car to the new owner. True, this has its limitations. According to Article 575 of the Civil Code, it will not be possible to get by “in words” if:

• one of the parties to the transaction is a legal entity;
• the transaction amount is more than ten times the minimum wage;
• the agreement was drawn up for the future.

But even if you have no such restrictions, still invite at least two witnesses and record the moment of transmission on video.

Why do this? The answer is simple: to protect yourself from fraud and other troubles, such as misunderstandings and litigation. In general, if you want to fall asleep and wake up peacefully, you must draw up a gift agreement.

No person can restrict you from using what you have officially received. And only with this agreement will the new owner be able to register the acquired car.

The procedure for registering a deed of gift for a car:

• How to issue a deed of gift for a car without deregistering it? Is this possible? A citizen deregisters a car with the State Traffic Safety Inspectorate (Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 as amended in 2015, “On the procedure for registering vehicles, paragraph 5). You will learn more about the procedure for deregistering a car in a separate article.
• Both parties go to the notary and draw up the document.
• Additionally, at the request of the parties, a transfer and acceptance certificate is drawn up.
• The new owner registers the car (alone, if an appropriate agreement has been concluded; if there was a very simple agreement without additional conditions, the car must be registered together with the donor).

How to issue a deed of gift for a car (car)? The transaction agreement does not have a strictly established form. However, the document must include:

• passport information of both participants;
• the subject of the donation is a car (its characteristics);
• the timing of the transfer (but this period should not begin with the death of the donor - in this case, it is no longer a gift, but a transfer by inheritance);
• on what basis does a citizen dispose of property (title documents for a car).

This concerns the basic conditions. It would also be good to include in the contract:

• who bears the costs of the deed of gift;
• return of the car to the previous owner if the owner of the gift dies (Article 578 of the Civil Code);
• information that the car is not stolen and is not the subject of a pledge.

Is it necessary

property valuation

? Yes -

if the transaction is not between close relatives

(and this, according to the Family Code, is husband and wife, mother and father, grandparents, son and daughter) -

Art. 217, part 2, clause 18 of the Tax Code of the Russian Federation

.

Because in this case, along with the gift, the lucky recipient also receives the need to pay tax.

If the car is joint property, and one of the spouses decided to dispose of it this way, then it is necessary to obtain the written consent of the husband or wife - without it, the deal will not be concluded.

Does a car donation agreement need to be notarized? It is not required to notarize the contract, but it is advisable.

Is it possible to donate a car between relatives while keeping the number? The numbers can be left the same as they were - if the former and future owners have the same region. The form of the car donation agreement (deed of gift) is the same both between relatives and in other cases.

Certification of the deed of gift by a notary is not mandatory. However, this option is preferable, for example:

• if the actual transfer of the car did not take place and was postponed for a certain period;
• if the donation is not made to a relative, in order to avoid claims from the donor’s relatives and to facilitate possible legal disputes.

If the intention to give is firm, the parties have no doubts (most often when giving between relatives), you can fill out a standard agreement yourself. The cost of such a gift is ridiculous. Apart from the costs of registering with the traffic police (state duty, possible fine for late registration), there are no other costs.

Sample car donation agreement

There is no legally established form of deed of gift for a car. It is drawn up in accordance with generally accepted standards of office work.

In order for a deed of gift for a car to be recognized as valid, it must contain the following information in 2021:

1. Information about the place where the transaction was concluded. The same paragraph reflects information about the passport details of the parties.
2. The subject of the gift agreement is described. It is necessary to reflect the car model, its color and engine license plate information.
3. Information about the place of transfer of the vehicle.
4. List of objects that are transferred along with the car. This could be documentation, winter tires, and other components.
5. Data about the participants in the transaction is displayed.
6. The donor and recipient sign.

The citizen signs next to the “car received” item. The action is executed after the keys have been passed.

car in WORD format.

How to register a car in your wife's name using a deed of gift

When concluding a written gift agreement, both parties can be legal entities or individuals. The only thing is that an agreement cannot be concluded if one of the parties is incapacitated or has limited legal capacity, and if a legal entity takes part in the agreement, then it must be legally capable.

And the main condition for concluding a transaction is the donor’s ownership of the donated car; accordingly, someone else’s car cannot be given as a gift. It should also be noted that it is impossible to limit the donee’s property rights, i.e. prohibiting the sale of a car, donating it, etc., however, other conditions that do not limit the right of ownership and do not impose obligations on the donee to the donor are possible. For example, a contract may come into force after the completion of any event, it could be a wedding, successful completion of studies, etc.

What tax will you have to pay?

Why is it recommended to give a car only to a close relative? No, the point is not only and not so much that such an expensive gift can embarrass a less close person. Taxes.

Only when a deed of gift for a car is issued by close relatives will you not have to pay tax, but in other cases it will be 13% of the transaction amount. It's a lot.

Think about it for yourself: for example, a car costs two hundred thousand rubles, which means that you will have to give 26 thousand to the country’s treasury.

Moreover, this responsibility falls on the shoulders of the recipient of the car - does he need it, such a “gift”? When selling, the amount of tribute to the state is much less and the seller is obliged to pay it. That's why, if you are at least cousins ​​to each other, it is better to draw up a purchase and sale agreement.

We invite you to read: Contract for the exchange of real estate - taxes, whether it is necessary to pay personal income tax

Paying tax on a gift

The recipient needs to file a tax return only if he received the car as a gift from someone other than a close relative. In accordance with paragraph 7, article 228 of the Tax Code of the Russian Federation:

“The calculation and payment of tax in accordance with this article is carried out by individuals who receive from individuals who are not individual entrepreneurs income in cash and in kind by way of gift, with the exception of the cases provided for in paragraph 18.1 of Article 217 of this Code, when such income is not subject to taxation."

Clause 7, Article 228 of the Tax Code of the Russian Federation

When donating a vehicle, the recipient must pay a tax of 13 percent of the total cost of the vehicle. For example, if the cost of a vehicle is 200,000 rubles, then the corresponding tax amount is 26,000 rubles.

From this we can conclude that registering a gift of a car will be beneficial only when the procedure takes place between close relatives. In any other situations, it will be much more profitable to use the scheme for drawing up a purchase and sale agreement.

When making a sale or purchase, the seller will have to pay the tax, but the amount may be much less, which will be much more profitable for you.

Income that is not subject to taxation (exempt from taxation) is income received by individuals who are tax residents of the Russian Federation for the corresponding tax period from the sale of other property that was owned by the taxpayer for three years or more.

In accordance with paragraph 17.1 of Article 217 of the Tax Code of the Russian Federation