Of course, the Russian mentality is inherent in such a quality, as a goodwill gesture.Our citizens often like to show the breadth of the soul and give expensive things.Today, wealthy parents often portrayed their children a truly royal gifts, such as a car or apartment.This is no surprise.As the saying goes, if you can, then why not.In this context, it is becoming increasingly important question of how to give the car a relative and what documents are needed for this?The recommendations given below will be very useful for those who decided to do it.
How can you present a gift cars
Let's start with the fact that the car can give orally.The fact of handing the keys or documents of title to the new owner means that the transaction took place.To be additional evidence of its legitimacy, is not superfluous to invite witnesses or mount the relevant footage.
And whether you want to be a contract for the paper in the intention to give the car?Of course, if the donor or the donee is a legal entity.This rule also applies to cases where the contract amount is 10 times the size of the minimum wage.
In general, the experts strongly advised to register the transaction of gift cars always in writing - you never know what the situation may be in life.From disputes and litigation, no one is immune.
So you want to give the car to his relative.What do you need?Create appropriate document in writing.However, let's see, what's the point of the transaction.Everything is very simple.
specifics of the deal
Donation - a transfer of property or property rights to another person.
This car can give only the person who owns it legally.In addition, if the machine is initially be under the encumbrances (Arrest, bail, etc.), then transfer it to the gift law prohibits.However, there is a reservation: if the mortgagee has no objection to the transaction took place, then it is legitimate.
should be emphasized that the agreement to give greater legal force it is made before a notary and certified by them as.
Features procedures
So, we decided to order if you can donate a car without drawing up a written contract.We also found the presence of any terms of the contract can be regarded as legitimate.Now let's see how it is implemented in practice.
example, give an answer to the question: "How to give his son a car if it is registered in another region?ยป
First of all, the father should remove from the register the vehicle in the traffic police at his residence.After that, relatives decorate the car donation agreement in writing with a notary, in addition to some more and make the act of acceptance and transfer of the vehicle, but it is at the discretion of the parties.By the way, the presence of a notary and certification of the transaction as it is not a mandatory procedure.The next step is the son registers the vehicle in the traffic police at the place of their registration, and the father's participation in it is not necessary, if the agreement was made out in the presence of a notary.If we are talking about a simple written agreement, then register the car father and son have together.
What is needed for registration of the contract
As the car belongs to the category of expensive property should be an agreement on the donation in writing.Terms of the contract must contain information on the technical parameters of the machine, including the type, number, engine number.Also specify the details of the certificate of ownership of the car.At the discretion of the parties to the agreement may be entered information about how much the property is worth.
If the parties have decided to certify the contract at the Chamber of Notaries, its workers on a mandatory basis for the legal registration of the transaction will require additional documents.
These include:
- identity document;
- certificate of ownership of the vehicle;
- PTS (passport technical means);
- certificate issued by an insurance company, which contains the estimated value of the property.
Contractors should remember that after the notary of the transaction have to pay tax.Its size depends on the degree of relatedness between the donor and the donee.In particular, if the contracting parties - relatives (they include and adopted children), the amount of tax is 0.3% of the value of the car, if they were not such as to make it have 1% of the property value.
tax
should be noted that since the beginning of 2006, the tax on the donated car will be charged.In other words, to pay to the state treasury for the transaction is not necessary.However, there is one important reservation.The above rule applies to counterparties that are related between themselves.
It should be noted that here there are some nuances and subtleties.So, if on the side of the donor and the donee is both husband and wife, the one who gets the car as a gift, will be required after a certain amount of time to declare income received and to submit the relevant documents to the tax authority.However, this procedure is rather formal.Also, employees of tax inspection may require a certificate stating that the parties to the contract of donation actually legally married.It should be emphasized that in this case the donee shall be exempt from tax.It should also add that if one spouse disposes of a motor vehicle (sells, gives, leases), then, to deal was legitimate, it must get permission from its second half.
If the parties do not have a contract giving blood ties among themselves, the law requires in this case, to keep as a tax an amount equal to 13% of the value of the car.
Conclusion So, to sum up the results.To minimize the risk of disputes in the future, be the best car donation contract and the transfer certificate in writing.Information concerning the car should be as reliable.Close relatives on an agreement on car donation tax-exempt.Donee person shall, within 10 days from the date of the transaction register the vehicle in the traffic police at his residence.
