A deed of gift is a gratuitous transaction between two persons, in which one person gives another person movable or immovable property.
Today we will talk about the gift on the car. How is the process of re-registration of the car under the contract of donation, how to make a gift without removing the car from the register, as well as with the preservation of numbers?
Do I have to notarize a deed of gift? You will find answers to these questions after reading the entire article.
When is it recommended to make a gift?
There are many situations when it is better to give a car. Often the gift between relatives is made when:
- both parties to the agreement have no desire to issue a will;
- you need to transfer the car to a relative under the simplified scheme;
- the donor wants to deprive other people of the right to own the object of the contract (for example, the wife / husband of the donee).
The donor can only be the owner of the car. In this case, the donor is not obliged to explain to anyone the motives of his exemplary generosity (of course, if it concerns a gift, issued to a relative).
Very often, the deed of gift is issued for practical purposes.. If one of the spouses has a debt on bank loans, then, having a deed of gift in the name of the spouse, the bailiffs are not entitled to take the car to pay off the debt.
How to make a gift on the car?
How to make a gift on the car? The transaction can be concluded orally, in writing, as well as at the notary. In the future, the person who will be presented with a car would not have difficulties, it is best to draw up the contract in writing.
The contract of donation for a car, both between relatives and between strangers should include the following information:
- date and place of drawing up the donation agreement of the vehicle;
- all the surname, name and patronymic of the donor, the address of his residence, passport details (series, number, by whom and when it was issued);
- the same data, only about the donee;
- data about the car – model, make, color of the car, year of its release, Vin-code, engine size;
- information on the rights and obligations of both parties to the contract;
- signature of the giver and the donee.
Donating a car without deregistration and with the preservation of numbers
After the contract of donation of the car is drawn up, the donee must contact the traffic police to re-register the car for himself.
To do this, he must provide the specialist with the following documents:
- original passport;
- passport for the vehicle;
- deed of gift;
- insurance policy. If there is none, then the person must undergo a technical inspection, get an insurance policy already in his name;
- payment receipt of state duty.
After the procedure of registration of the vehicle in the name of the new owner, he is given a passport for the car, as well as new license plates.
The new owner of the donated vehicle must renew the car within 10 calendar days. Otherwise, the donor may refuse to donate, return the car back.
It is forbidden to make a gift, if the car is on bail.
Features of a car donation contract, requirements
If you decide to donate a car to someone, then you should issue a deed of gift. But many people at this stage the question arises: “Is the donated car taxed?” If the agreement is made between relatives, then neither the donor nor the donee pay taxes.
In the contract of donation of movable property there are drawbacks. Thus, when drafting a deed of gift, you cannot officially indicate the value of the vehicle. In some cases this can be a problem.
Another disadvantage, or advantage, depending on whom, is the fact that upon the dissolution of the marriage, for example, the property of the donee, received as a gift, will not be shared between the spouses. That is, in this case, the wife (husband) can not claim to be a car.
To the contract of donation entered into force, you must:
- that both parties to the agreement are competent persons;
- that the contract does not have any restrictions regarding the operation of the vehicle;
- so that the agreement is concluded by mutual agreement of the parties. If the donee does not want to receive a car as a gift, then he has the right to refuse such a gift until the subject of the contract is handed over to him. A person must refuse a gift in writing. If the agreement was notarized, then the donee must contact him and write a statement of rejection.
According to the legislation of the Russian Federation, the donor himself can cancel the donation agreement if he outlives the person to whom the vehicle was donated.
The donor may cancel the donation agreement of movable property, but only if the transaction was concluded for the future.
He can also cancel the agreement if his financial situation has currently deteriorated significantly.
Is it necessary to draw up a contract with a notary?
Many people are mistaken in asserting that the deed of gift must be drawn up by a notary.
In fact, you do not need to notarize him at the notary.
Notarization can be only with the voluntary consent of the person..
It is better to draw up a deed of gift in writing and subsequently register it with the Federal Registration Service (federal executive body of a particular region).
This is sufficient for the contract to be considered valid.
How much is the gift on the car?
The cost of such a transaction depends on who gives the car and in what form the contract was concluded.
Agreement between close family members
If the transaction is between relatives, then the donee is exempt from paying taxes.. At the same time, he must present to the tax authority a confirmation that he is a close relative of the donor – a certificate of birth, marriage.
Close relatives of the donor are: husband (wife), parents, children, grandmother, grandfather, grandchildren, brother / sister, adoptive parents / adopted children.
Donation agreement for an outsider
If the deed of gift is not issued to a relative, then the donee will have to pay 13% of the assessed value of movable property (this figure is relevant in 2019).
The cost of the appraiser may be 2-3 thousand rubles, depending on the region.
Nephews, uncles, aunts, guardians, stepchildren, and other people are not considered relatives of the donor.
Therefore, they are required to pay tax on the donated car.
If both parties to the agreement use the services of a notary, then the cost of the deed of gift will be higher.
For services, a notary usually takes 0.5% of the value of the property, however, this amount should not be lower than 300 and not higher than 20 thousand rubles.
In what cases donation can not be issued?
It is forbidden to execute a gift transaction in such cases:
- if the donor or the donee is an incompetent person;
- if giving is a minor citizen;
- if a citizen is trying to issue a deed of gift to an official serving on state or municipal authorities;
- if the parties to the agreement are commercial organizations.
The best way to transfer a vehicle to a relative is to issue a deed of gift to it. In this case, the donor must understand that after the donation procedure, he has completely lost ownership of the car.
The process of renewal under the deed of gift has now become simpler: the owner of the car does not need to remove it from the register beforehand. The new owner can renew the car to himself.