Of course, the Russian mentality is inherent in such a quality as a gesture of goodwill. Our citizens sometimes love to show the breadth of the soul and give expensive things. Today, wealthy parents often present truly royal gifts to their children, for example, a car or an apartment. No one is surprised at this. As they say, if there is an opportunity, then why not. In this regard, the question of how to give a car to a relative and what documents are needed for this is becoming increasingly relevant. The following recommendations will be very useful for those who decide to do this.
How can I donate a car
To begin with, you can give a car orally. The mere fact of delivery of keys or documents of title to the new owner means that the transaction has taken place. To have additional evidence of its legitimacy, it will not be superfluous to invite witnesses or mount the corresponding video material.
Is it necessary to draw up a contract on paper in the intention of giving a car? Of course, if the legal person acts as the donor or donee. This rule applies to cases when the amount of the contract is 10 times the size of the minimum wage.
In general, experts are strongly advised to draw up a car donation deal always in writing - you never know what situations happen in life. No one is safe from disputes and litigation.
So, you want to give the car to your relative. What is needed for this? Draw up an appropriate document in writing. However, let's figure out what is the meaning of the transaction in question. Everything is very simple.
Transaction specifics
A gift is a gratuitous transfer of property or property rights to another person.
At the same time, only a person who is its legal owner can give a car. In addition, if the car was initially under encumbrance (arrest, bail, etc.), the law prohibits giving it as a gift. However, there is a reservation: if the pledge holder does not object to the transaction taking place, then it is legitimate.
It should be emphasized that to give the contract greater legal force, it is drawn up in the presence of a notary and is certified by him.
Features of the procedure
So, we decided on whether it is possible to give a car without drawing up a written contract. We also found out under what conditions the contract can be considered legal. Now we will consider how all this is realized in practice.
For example, we give an answer to the question: “How to give a car to a son if he is registered in another region?”
First of all, the father must remove the vehicle from the register in the traffic police at the place of registration. After that, the relatives draw up an agreement on donating the car in writing to a notary public, in addition to it, some also draw up the acceptance certificate of the car, but this is at the discretion of the parties. By the way, the presence of a notary public and certification of a transaction by him is also not a mandatory procedure. At the next stage, the son registers the vehicle with the traffic police at the place of registration, and the father’s participation in this is not necessary if the agreement was drawn up in the presence of a notary. If we are talking about a simple written contract, then the father and son must register the car together.
What you need to complete the contract
Since the car is classified as an expensive property, a written gift agreement must be drawn up. The terms of the contract must necessarily contain information about the technical parameters of the machine, including type, body number, engine number. The details of the certificate of ownership of the car are also indicated. At the discretion of the parties, information on how much this property is worth may be entered into the agreement.
If the parties decide to certify the contract at the notarial chamber, then its employees, without fail, will require additional documents to legalize the transaction.
These include:
- identity document;
- certificate of ownership of the vehicle;
- Title (passport of technical equipment);
- certificate issued by the insurance company, which indicates the estimated value of the property.
Counterparties must remember that after noting a transaction, a notary must pay tax. Its size depends on the degree of relationship between the donee and the donor. In particular, if the parties to the contract are relatives (these include adopted children), then the tax amount is 0.3% of the cost of the car, but if they are not, then 1% of the value of the property will have to be paid.
Tax
It should be noted that since the beginning of 2006, the tax on the donated car is not levied. In other words, there is no need to pay to the state treasury for the transaction. However, there is one significant reservation. The above rule applies to those counterparties who are in a kinship relationship with each other.
It should be noted that here there are their own nuances and subtleties. So, if both the husband and the wife act on the side of the giver and the donee, then the one who receives the car as a gift will be required 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 formal in nature. Also, employees of the tax inspectorate may require a certificate confirming that the parties to the gift agreement are indeed legally married. It should be emphasized that in this case the donee is exempt from tax. It should also be added that if one of the spouses alienates the vehicle (sells, gives, rents out), then, in order for the transaction to be legal in nature, he must obtain permission from his other half.
If the parties to the donation agreement do not have blood ties between themselves, then the law obliges in this case to withhold as tax the amount equal to 13% of the cost of the car.
Conclusion
So to summarize. To minimize the likelihood of controversial situations in the future, it is better to draw up a car deed of gift and a deed of transfer in writing. Information regarding the car must be as reliable as possible. Close relatives are exempted from taxes under a car donation agreement. The donee is obliged to register the vehicle with the traffic police at the place of registration within 10 days from the date of the transaction.