The contract of sale of a car implies the obligation of one party to transfer the other movable thing into ownership. Moreover, the latter must pay the first a certain amount. This order is regulated in chap. 30 GK. Let us further consider how the execution of contracts for the sale of cars is carried out in practice.
General information
The legislation does not require that the contract of sale of a car be certified by a notary. This applies to many other transactions related to the vehicle: exchange, rental, gift, pledge and so on. However, when concluding a new car purchase and sale agreement, one should remember the obligation to submit a tax return and pay personal income tax on the transaction income received.
The nuances of taxation
In Art. 217, clause 17.1 indicates that the fee is not paid on income received by an individual in the corresponding period when selling property that was owned for three or more years. Thus, if the vehicle has been in possession for a specified period, then you do not need to pay tax. In other cases, the declaration is submitted in the form of 3-personal income tax. It should be provided until April 30 of the year that follows the year of purchase.
Tax calculation
Personal income tax rate of 13%. The tax must be paid before July 15 of that year, which will be after the year of sale. The calculation of the amount with which personal income tax is calculated is carried out as follows:
If the value of the car purchase and sale agreement is higher than the previous one (that is, the vehicle is transferred at a higher price than it was purchased), and there are supporting papers for this, then the tax is paid on the difference between the prices - on the actual income.
If the car is given for less money than was received, personal income tax is not paid. As a confirmation of this fact, the previous car purchase and sale agreement may be used. If there are no documents that certify the initial price, then when submitting a declaration, you can claim the right to tax property deduction. In Art. 220 NK given its size - 250 thousand rubles. This amount is deducted from the sale value, and tax is paid from the remaining value. You can exercise your right to deduction by submitting a separate application along with the declaration and supporting papers. This opportunity is allowed to use once a year.
Power of Attorney Transaction
It does not entail a transfer of ownership. Selling / buying by proxy, in fact, gives the acquirer only the opportunity for 3 years (maximum) to dispose of and use the car. The owner remains the owner directly. He has the right to revoke the power of attorney at his discretion at any time. In addition, at his death, the vehicle will be inherited by his relatives. The seller also has the obligation to pay taxes and fines. The attorney, in turn, cannot sell the car to himself and register it. For this, relatives are often involved. It is advisable to immediately conclude a contract of sale of a car. Registration will be carried out in this case according to the general rules. It will be necessary to enter your data in the TCP, go through a technical inspection, purchase an insurance policy.
Administrative Rules
The new provisions entered into force on October 15, 2013. They made a number of changes to the rules of registration and deregistration of the vehicle. So, before selling it is not necessary to remove the car from registration. This action is necessary when transporting a car abroad or when disposing of it.Changes to registration data are made by the new owner. This can be done regardless of the place of registration in any region where a car purchase and sale agreement was concluded. The traffic police can be visited for ten days and put the car on record.
At the end of this period, the previous owner can check if the credentials have been changed. If the new owner has not re-registered the car to himself, then the seller, on the basis of the copy of the contract remaining with him, writes a statement to the STSI. This procedure is necessary to terminate the obligation to pay fines and taxes for the transferred car. Changes in the Rules also affected the numbers. The vehicle may be sold with them. Due to this, registration is significantly reduced and cheaper. License plates can also be reserved. In accordance with the provisions, their shelf life has been extended to six months.
What papers are needed to draw up a car purchase and sale agreement?
To conclude a transaction, a TCP is required. Making changes to it is carried out by the parties after the contract of sale of a car is signed. Documents that confirm the identity of the parties to the transaction are also needed. They are passports. If the seller is not included in the TCP and does not act as the owner of the car, a power of attorney is required from the direct owner of the car to complete transactions. If the vehicle is transferred by a legal entity, then the attorney from it must have the appropriate document (power of attorney), certified by the seal of the organization. Draw up a contract for the sale of a car in triplicate. If a citizen purchasing a car is not going to become an owner, then he needs a power of attorney from who he becomes.
Registration Procedure
After the contract is concluded, changes are made to the TCP. Next, the owner passes the inspection and receives a diagnostic card. With your driver’s license, PTS, DKP and a diagnostic card, you must purchase an insurance policy from the insurance company. In some cases, it is necessary to include persons who will also be allowed to operate the machine. In such situations, you must have their driver's license. Policies are also provided, and without restriction of persons. If the previous insurance has not yet expired, the seller may contact the company to return the remaining amount. Next, you need to pay the state fee for registration. With the insurance policy, contract, title and receipt confirming payment of the fee, you should go to the traffic police unit and write a statement. After inspecting the machine, a plastic certificate of registration will be issued. If the procedure is carried out by a third party, then he must have a general power of attorney. It must indicate specifically those actions to which he is authorized. These include, in particular, the rights to:
- Buying a vehicle.
- Passing inspection.
- Getting a card.
- Registration in the traffic police unit.
- Representation in state bodies.
- Signing of documents.
- Implementation of the necessary actions with the vehicle.
Important point
It is better to issue a car purchase and sale agreement in triplicate. The former owner and the person acquiring the car leave one at a time. The third copy is transferred to the traffic police. Theoretically, the unit receives the document of the acquirer. However, in practice, the traffic police does not return it. Therefore, it is advisable to have another instance. The contract is not subject to registration, unlike the reference account, which was canceled. Paper can be signed anywhere by hand. Before the buyer receives a certificate of registration, the only document confirming the transaction will be the contract of sale of a car.
Sample
First of all, the date, place of the transaction. Then the information of the passport of the acquirer is indicated.When conducting a transaction, the data of the previous owner is entered. Then you should carefully rewrite the information from the TCP to the contract of sale of a car. The form may contain the string "license plate". Its completion is optional, however, in some regions in 2014, government agencies did not accept the document without these fields. Next, enter the price of the vehicle in two places. After the money is exchanged for car keys, the parties sign the paper. When filling by hand, use one pen with blue paste for all copies.
Disputes
In practice, there are frequent cases when serious defects are detected after acquiring a vehicle. In these cases, you should first contact the previous owner and, indicating the deficiencies found, demand a refund of the amount paid, as well as cancel the transaction. The termination of the contract of sale of a car is carried out, like the conclusion, in writing. If this issue is not resolved peacefully, you must write a complaint. It lists the defects of the car that were identified after the acquisition, the requirements for a refund and cancellation of the transaction, as well as a notification that if they are not executed, the new owner will go to court. The claim must be sent by letter to the address of the former owner.
Statement of claim
In case of refusal to comply with the requirements given in the claim, you should contact the court. The lawsuit must be filed at the place where the seller resides, unless otherwise specified in the contract. A receipt is attached to the application stating that a state duty has been paid. Also, a copy of the contract of sale, certified by a notary, a copy of the claim and a notice that it was received by the defendant is attached to the requirements. The lawsuit is indicated directly in the lawsuit. You should start from the moment you purchase the machine. The following should indicate the circumstances in which defects were identified. Then you need to describe the behavior of the responder. The following is the amount of damage and its justification. In the petitioner, guided by Article 475, 469, 454, 450 of the Civil Code should ask the court to terminate the contract and recover from the defendant the money paid for the car, the damage and charge it the costs of the trial.
Auto Sale Contract