Often in Russia there is a gift of a car. To a close relative or just an important person for a citizen - this is not so important. The main thing is that people conclude a deed of gift in both cases. Today we will be interested in studying gifts from a relatively close kin. This type of agreement has many features and nuances. All of them must be known before signing the contract of the established form. So what are the nuances to pay attention in the first place? That will help to understand the issue under study.
Definition
Let's start by studying the concept of gifts. What kind of agreement is this? Why and when is it necessary?
The car donation agreement (to a close relative and not only) is a document confirming the transfer of ownership of the car to another person. In this case, the donor realizes his idea in life.
Important: donations are always provided free of charge. So, to demand something for a gift (service, goods, money) is prohibited.
Who can give
And who has the right to draw up a car deed of gift between close relatives? A sample of this document will be presented later. First you need to understand the features of concluding an agreement.
The initiator must necessarily be the owner of the property. He writes a deed of gift and transfers ownership of the selected person.
Representatives of incompetent citizens are also allowed to donate property. For example, guardians. If we are talking about donating property issued for a child, you will need to obtain permission from the guardianship authorities. But the initiators of the operation in this case will be the parents of the minor.
Accordingly, you cannot give someone else’s car. The mentioned operation takes place only in relation to property owned by a person.
Who can give cars
And who can act as an donee? Are there any restrictions on this?
Fortunately not. Citizens can give their property to anyone they want. Recipients may be:
- Organization
- legal entities;
- strangers;
- relatives;
- close relatives.
It should be understood that giving a car to a close relative is somewhat different from a similar transaction occurring between distant relatives or third parties. Why and why? Answers will be mandatory found below!
Taxation
For example, due to the nature of taxation. The fact is that the acquisition of property under a gift agreement should be recorded in tax returns. For the Federal Tax Service, this act is regarded as making a profit by a citizen. So, you have to pay taxes.
We are talking about personal income tax. This tax payment in Russia today is set at 13% of the citizen's income. In our case, you will have to pay the indicated interest, based on the cost of the vehicle. To do this, it is necessary to assess the property. It is advisable to do this at the time of conclusion of the gift agreement, and the cost of the car should be indicated in the text of the document. So it will be possible to avoid unexpectedly large taxes after receiving donated property.
But there are exceptions. Under certain circumstances, taxation after signing a deed of gift does not take place. When is this possible?
Tax free
When it comes to giving a car to a close relative. The tax is not taxed in this case. That is, it is possible to transfer property under a gift agreement without taxation.
There are no restrictions in this area. Citizens can transfer any property to their close relatives and any number of times. Moreover, as we have already found out, they will not pay any taxes. The main thing is to perform all operations at no cost. Otherwise, the FTS may suspect the fictitious nature of the transaction and annul it.
The concept of "close relatives"
In addition to all of the above, it is important to understand who in Russia is considered to be close relatives. Only then will the gift certificate be written taking into account all the features of the current legislation.
In the Russian Federation, only parents, children, and spouses are considered close relatives. Also include grandparents, grandchildren. This concludes the list of close relatives. So, when giving a car to a different kindred, the recipient will have to face taxation without fail.
Types of contract
How exactly does car donation happen? A close relative, for example. First of all, it will be necessary to determine what type of agreement will take place.
Today in Russia there are the following gifts:
- Ordinary. They provide for the direct transfer of ownership of any property to the donee after signing the agreement. This is the most common and effective way of giving.
- With obligations in the future. Such agreements indicate that the donor will only transfer property to the recipient in the future. In practice, such documents are not in great demand.
At this stage, the classification of donations ends. Experts recommend immediately drawing up a regular gift contract for any property.
Ways to conclude a deal
Now in more detail about the direct conclusion of the transaction. A car deed of gift between close relatives can be signed in several ways. Current legislation in the Russian Federation offers the population to choose independently how to act.
The following options are possible:
- Verbal agreement with the purchase of a new car for the donee. This is not the most successful option. And such an agreement is hardly a gift. To prove the fact of giving in court will be problematic.
- Independent conclusion of a transaction with registration thereof in Rosreestr.
- Contact a notary for help.
As already mentioned, citizens themselves decide how they act. Oral agreement is recommended. Especially if it is not possible to exclude the possibility of disagreements between the parties in the future.
Notary - mandatory or not?
Does the transaction require a notary public? Giving a car to a close relative is quite an important operation. It has a special legal character. Therefore, you have to study all the features of the transaction.
In general, in the case of movable objects, the presence of a notary is not necessary. As already mentioned, citizens can register the transaction themselves.
Nevertheless, it will not be superfluous to seek help from a notary public when concluding gifts. This step will help secure the operation. For example, if the court has to prove the validity of the transaction. That is why the population most often acts through a notary public, and not independently.
Self-registration
How to make a car gift to a close relative? Consider the possible options in more detail. Let's start with self-registration of the transaction.
In order to give a car or other property to a relative without a notary, you will need:
- Draw up and write a detailed gift contract. His sample will be presented later.
- Prepare the documents necessary for registering a transaction.
- Pay the state duty for donation.
- Sign an agreement with the registration authority and re-register ownership.
It would seem nothing complicated. But this alignment in practice is not welcome. Now citizens of the Russian Federation prefer to donate through notaries.
We act through a notary public
In general, this method of action is not much different from the previously proposed algorithm. The car donation agreement to a close relative is signed personally by the parties, but at a notary's office.
To implement the task it is necessary:
- Generate a specific package of documents. Their list will be proposed below.
- Write a detailed donation agreement. It describes the car and features of the conclusion of the transaction, as well as termination of the agreement.
- Make payment of state duty in the established amounts. If necessary, pay for notarial services.
- With prepared papers, go to a notary public and sign an agreement.
- Get a copy of the deed of gift, certified by an authorized person.
That's all! All other actions are performed by the donee. It remains for him to register ownership of the property. After that, it will be possible to say with confidence that the gift of the car to a close relative was successful.
Features of the contract
An important point is the direct preparation of the agreement. It, as a rule, cannot be called template. After all, each gift is an individual and unique paper. Despite this, there are a number of rules that help to correctly write and arrange a gift.
A standard car donation agreement to a close relative (an agreement form is almost impossible to find) should contain:
- donor data;
- information about the recipient of the property;
- a detailed description of the object transmitted by gift;
- property features;
- presence / absence of encumbrances;
- information about the moment of transfer of property into the ownership of a citizen;
- information on the relationship of the parties;
- data on the value of the gift;
- terms of termination of the gift.
The form of a car deed of gift between close relatives is signed by both the donor and the donee. Otherwise, the document will be considered invalid. And property rights to the property can not be registered with the registration authority.
Registration authorities
And where to independently donate a car? To a close relative or other citizen - it is not so important to whom the property is transferred. The main thing is that self-registration of an agreement requires contacting specific authorities.
Among them are:
- Rosreestr;
- cadastral chambers;
- multifunctional centers.
You will have to contact at the location of the gift object. If we are talking about cars, it is recommended to come to the registration authorities at the donor's place of residence. But you can contact almost any MFC in the region for a donation registration.
After the agreement is signed, the donee must come to the Federal Registration Service by registration and register ownership of the property. It is advisable to do this as soon as possible. When donating a vehicle, registration of rights takes place in the traffic police or traffic police. This is a normal practice taking place in Russia.
Documents for the donation
It is clear how the car is donated to a close relative. It is not so difficult to draw up an agreement form. Especially if you take into account all the features listed above.
Citizens should responsibly approach the issue of preparing documents for the transaction. A package of papers when giving a car includes:
- certificate of ownership;
- papers on the car (TCP);
- gift;
- passports of the parties;
- documents confirming kinship (birth, marriage);
- duty paid receipt.
It is important to pay attention to the fact that the gift itself when acting through a notary is made in 3 copies.Otherwise, you can do with two copies of the document.
The entire listed package of documents must be brought along with copies. The notary will keep the formed package of papers (not the originals), as well as one sample of the gift. The remaining contracts will be stamped and signed by an authorized person.
Registration of property rights
Now a little about how to proceed after the signing of a deed of gift. If we are talking about real estate, then registration of property rights takes place in Rosreestr. For this you have to bring:
- gift;
- passport;
- documents for property;
- application for a certificate of ownership.
In our case, this alignment is not suitable. After all, we spent giving the car to a close relative. Such transactions are registered with the traffic police at the registration of the recipient of the property.
A citizen will have to bring:
- documents for the car;
- deed of gift;
- passport;
- numbers (if available);
- application for the issuance of new documents for the car;
- duty paid receipt.
In fact, everything is not as difficult as it seems. Previously, a citizen had to first remove the car from the register in the traffic police and only then draw up documents for the new owner. Now these services are provided simultaneously.
About the gift tax
Below is a sample car donation agreement between close relatives. It is not exhaustive. As already mentioned, all gifts are different from each other. And the proposed template only helps to understand the basic principles of compiling a document.
You could already notice that when you make gifts you have to pay a state fee. In Russia, the exact cost of the operation will directly depend on the category to which the donee belongs. The duty is also set taking into account the value of the property. Accordingly, giving a new car to a close relative will cost more than making a gift for a used car.
You will also have to pay for notarial services. They are different in all regions - from 500 rubles to several thousand. More detailed information needs to be specified in each city separately. Private notary services will be more expensive than contacting public notaries.
That's all! A car deed of gift between close relatives has been concluded! From now on this question will no longer cause any difficulties.