If you decide to sell the car without renewal, you will need a car donation agreement. This method has several advantages, the main of which is the absence of taxation.
Nevertheless, in addition to the positive aspects, there are also negative ones. Basically, the disadvantage is that donating a vehicle does not allow you to officially indicate the value of the car. In some cases this can be a problem. Let's consider everything in order.
general information
A car donation agreement is a legal document that transfers the right to use, drive and dispose of a vehicle from the donor to the donee on a free basis. Based on this provision, it should be considered as a fact of succession. In simpler terms, one person hands over a car to another for free.
The action will be legal only if it is notarized. This provision is spelled out in the Civil Code of the Russian Federation. Therefore, you should carefully approach the issue and not overpay for additional consultations.
A car donation contract was provided for in the law so that relatives could transfer movable property to each other without paying tax. In addition, this legal action may be a certain insurance for parents who give a vehicle to a child who is married.
A gift is not considered to be jointly acquired property, therefore, it cannot be the subject of litigation on the division of property. There is one limitation. After 10 years of marriage, everything that spouses have is considered common. On the other hand, if a family has lived so long, it is believed that it is strong.
Basic details
Any legal document has a specific filling procedure, including a car donation agreement. The example below will help you avoid errors. Typical details:
- cap;
- object and subject;
- transfer procedure;
- final provisions;
- addresses and signatures of the parties.
Let's start with the header, in this part you need to specify the name of the document, last name, first name and patronymic of the donor and donee. Clause object and subject of the contract describes the transferred property, as well as the rights and obligations of the parties to the contract. Transfer order - conditions that the donee must fulfill in order to receive the car from the donor.
The final provisions establish the date from which the agreement enters into force and is considered legal. Here you need to add important information about the car deed of gift. The form, which is issued by most notaries, provides for the entry into force of the contract from the moment of signing, but if you wish, you can specify any other.
The address field is filled in at the place of registration of the donor and the donee. At the end, the signatures of the parties, the date and seal are put. It is recommended that a notary visa be on the document.
Car deed of gift between relatives
If we consider the standard cases when parents give the car to children or vice versa, then you do not need to know any subtleties. Procedure:
- Preliminarily agree, affirm the time and place.
- We come to the notary public, fill out a donation form.
- We are waiting for it to be stamped.
- We sign a copy that will go to the notarial archive.
- We pick up the paper and celebrate a joyful event.
Taxes do not need to be paid. But this applies only to persons who are in the first group of kinship, i.e.parents and children. For everyone else, it will be necessary to pay a fee to the FSN.
If necessary, the document can be challenged. This is done in court.
The plaintiff will have to prove that he signed the paper without reporting his actions, or under duress.
Another reason for invalidation of a contract the absence of a written, notarized consent of the second of the spouses will serve.
Tax amount
The Tax Code of the Russian Federation establishes a single interest rate for all gift transactions. It is 13% of the cost of the car. This does not take into account the amount agreed between the donor and the donee, but the figure indicated in the assessment of the vehicle.
This is a very important point. The car donation agreement will be valid only if it states that the property is donated. Otherwise, it is a sale, and it is subject to a different tax.
In order to legally confirm the fact of the transfer of money, it is necessary to take a receipt from the donor. It must be certified by a notary public.
What documents need to be submitted for the transaction?
A passport is a prerequisite for any notarial act, not an exception and a car deed of gift. Sample requirements for other securities:
- technical passport with a note that the vehicle is deregistered;
- the consent of the spouse certified by a notary if the vehicle’s property is considered to be jointly acquired property;
- confirmation that the car is not seized, it is not in credit or collateral.
All statements from the technical passport must be indicated in the contract. Among them:
- body number;
- type and volume of engine;
- data on modifications.
Duties of the donee
After the act of giving, you must perform certain actions. Without this, the transaction would be legal, but would not guarantee the right to use a car. Naturally, we are talking about re-registration and payment of tax.
First you need to contact the traffic police, write a statement, provide a donation agreement for the car. After that, wait until a new technical passport is issued. Immediately check that it contains the correct information about the car, as in the future, every small mistake will cause big problems.
The tax return is filed before May 1 of the following year for the reporting one. But it is better to go to the FSN immediately after signing to submit the statements and pay the fee. Late submission of the declaration entails a fine.
It is calculated as a percentage of the tax amount for each day of delay. When the total fine reaches 21,000 rubles, the tax passes the case to the court. Further, the executive service will deal with the issue.
Download a car deed of gift