Car gift agreement form. Car donation agreement sample filling

A car donation agreement is a procedure for registering the transfer of a vehicle to a second person. It is advisable if the car owner decided to transfer the car to someone from close relatives. In other cases, a typical purchase and sale of a car is drawn up.

Registration of a sale and purchase differs from a donation for a car in that in the second case, the seller will have to pay the corresponding tax.

From year to year, individual items, the size of the state duty or other payments may slightly change. The general situation for 2018 is regulated by the Civil and Tax Codes of the Russian Federation.

It should be clarified that not every car donation contract in 2018 is exempt from tax. According to clause 18, article 217 of the Tax Code of the Russian Federation, transactions made only between close relatives are not taxed. The following persons are considered close relatives within the framework of the law:

• spouse or spouse;
• children or parents;
• adoptive parents and adopted children;
• grandparents and grandchildren;
• brothers and sisters, both siblings and having a common father or common mother.

In all other cases, according to the procedures for 2018, the donation transaction is taxed at the rate of 13% of the total value of the car. A car or share donation agreement is drawn up between the donor and the receiving party in accordance with the established procedure. Notarization of the document is optional. However, people resort to it as a safety measure. If there is a desire to show prudence and additionally insure yourself against unforeseen consequences in the future, then an act of acceptance and transfer should be attached to the donation for the vehicle.

The acceptance certificate is a confirmation of the performance of the car donation contract.

Important! The ownership of the vehicle comes from the moment of receipt of the actual receipt of the vehicle. The moment of receipt of the property must be recorded by drawing up an act of acceptance and transfer.

In addition, in the legal field, the acceptance certificate performs the following functions:

• Displays the real state of the car at the time of transfer;
• Indicates that the state matches the specified data;
• Means the absence of claims from the host side for the technical characteristics of the car;
• Resolves controversial situations in the future.

The last point is of particular importance. Let's say there was an accident or damage to property at a time close to the time of drawing up a deed of gift. The act of acceptance and transfer in this case helps the donor to prove his innocence, or, conversely, the absence of this document makes the donor responsible. If, due to DPT or other factors, the vehicle loses its suitability, then the donor retains the obligation to fulfill the donation agreement.

Important! The presence of the act of acceptance and transfer excludes the bad faith attitude of the donee, when he, referring to the contract, may require the repeated execution of the act of donation.

Terms of donation

Giving can be of two types:

• real - subject to indispensable registration, and the subject of the gift must be transferred immediately after the legal registration of legal relations;
• consensual - the transfer of the subject of the gift is provided for the future. At the same time, it is important to establish the date of the transfer of property. Otherwise, the transaction is closed with reference to Article 157 of the Civil Code of the Russian Federation.

A car donation agreement is legally binding if it contains the following data:

• passport details of the donor and donee;
• vehicle data;
• car registration certificate number;
• date of the transaction;
• signatures of the parties.

Car documents that need to be prepared:

• technical passport of the car;
• certificate of the cost of the car. This document is provided by insurance companies or vehicle maintenance firms;
• receipt of payment of state duty;
• car registration certificate;
• an extract from the state register on the absence of legal restrictions on the car.

A sample of this document for 2018 can be downloaded after reading the material at the bottom of the page.

If the donor is married, then in addition, it is necessary to provide the written consent of the spouse for the transaction.

Stages of the transaction

For the correct execution of the transaction, you must adhere to a certain sequence.

1. The car should be removed from the register from the state traffic police (GAI).
2. Signing of the deed.
3. Transfer of the car and fixing the act of acceptance and transfer.
4. The donee must register the car no later than 120 hours from the date of signing the document.

A sample of typical documents for 2018 can be found at the end of this article.

Requirements for the parties

The legislation does not impose special requirements on the parties. So, the donor must comply with the general provisions of the Civil Code:

• to be capable;
• be of legal age at the time of signing the deed;
• sign at your own request.

Any person can be donee. If at the time of the transaction, the donee is a minor, then he has the right to exercise his rights through guardians or parents.

To protect the interests of vulnerable categories, it is prohibited to give gifts to social, medical, pedagogical workers and government officials.

Features of the deed of gift for the car

When drawing up a car donation agreement, you should be guided by a typical template. The form of the car donation agreement is given below, at the end of the material. It can be used as a reference.

For absolute legitimacy of the donation, the agreement should be notarized.

The agreement must be drawn up in triplicate and signed by the participants.

Car part donation agreement

In special cases, it may be necessary to issue a car share. For example, if a car is inherited, then one of the heirs can transfer his share to the second party. This type of transaction is drawn up in a simple form with the obligatory indication of the transfer of the car share.

The general agreement for the donation of a share of property can be downloaded at the bottom of the material.

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The car is often the subject of civil transactions, including donation agreements. It should be borne in mind that the donation of a car has certain features: after the conclusion of a transaction in written or notarized form, it is necessary to re-register the car to the new owner.

For your information

It is from the date of such an administrative action that all rights to the gift are transferred to him.

A separate issue related to donating a car is taxation: as a general rule, the donee pays from the gift 13% tax from its market value. However, the legislator has provided for an exception to it that applies to donation transactions concluded between close relatives and persons equated to them. They are exempt from this tax.

Form of car donation agreement

In law absent a clear indication of the exact form in which it is necessary to conclude a donation agreement for the machine. Formally, it can be concluded and in oral form, but actually requires drafting and signing written document. It will be required for the subsequent registration of the vehicle.

Often, citizens give cars as a gift on the basis of a written agreement certified by a notary in order to protect themselves from possible disputes. Engaging a competent professional to conclude a deal is always a significant guarantee that everything will be done legally correctly. Such a transaction is extremely difficult to challenge (if, for example, other interested persons or government agencies demand its termination).

Additionally

To register the transfer of ownership of a car to a new owner, you must collect the following documents:

1. Application for registration of a car written by the donee;
2. A document that certifies the old owner's ownership of the gift;
3. Identity document of the donee;
4. Vehicle technical passport;
5. A receipt confirming the payment of the state duty for the issuance of registration plates for the car, certificate of state registration of the car;
6. MTPL insurance policy ( compulsory civil liability insurance).

Vehicle registration can be done for only one individual at the address indicated in his passport or at the address indicated in the certificate of registration at the place of stay (if the citizen does not have registration at the place of residence). It is important to note that in order to re-register the donee, he has the right to contact any department of the traffic police in the Russian Federation (regardless of place of residence).

After registration, the donee receives:

• registration certificate for the car;
• car passport;
• registration marks (at the request of the owner, old registration marks may be retained for him).

Taxation when donating a car

As follows from clause 18.1 of Art. Of the Tax Code of the Russian Federation (Tax Code of the Russian Federation), the fact of receiving a car as a gift is recognized as the basis for collecting personal income tax from the donee, the amount of which is thirteen percent of the gift price (This is indicated in Article 224 of the Tax Code of the Russian Federation). It must be remembered that those persons who are close relatives of the donor are exempt from the obligation to pay such tax. According to Art. 14 Of the Family Code of the Russian Federationclose relatives are:

• children and their parents;
• grandparents and grandchildren;
• brothers and sisters (full-blooded - that is, having common parents, and incomplete - that is, having one common parent).

Attention

Income tax is also not levied in the case of a donation of a car between a husband and wife, and also between adoptive parents and their adopted children.

Receiving a car as a gift is considered to be income in kind. In this case, the tax base is determined in the order established in Art. 105.3 of the Tax Code of the Russian Federation. It depends on the value of the gift. This takes into account exactly the market price of the cartransferred under the transaction.

Giving instead of buying and selling a car and its consequences

In some cases, the purchase and sale of a car is used by the parties to the transaction, being covered by donation. If the seller and the buyer decide to take this step in order to avoid paying personal income tax (for example, if the seller and the buyer are close relatives), they should take into account the fact that such a transaction may be invalidated. As follows from Art. 170 of the Civil Code of the Russian Federation, if a transaction is made to cover up another transaction, then it is void, and the rules that apply to the transaction that the parties actually had in mind should apply to it.

As follows from Art. 166 of the Civil Code of the Russian Federation, a person interested in recognizing a donation transaction hiding a purchase and sale transaction invalid (one of the parties to the donation contract or another person whose rights and legitimate interests are violated by the conclusion of a donation) must file a lawsuit with the court demanding to apply the consequences of the invalidity of such void transaction.

Ivanov A. and Ivanov S., brothers, entered into a car donation agreement, whereas in reality. A. Ivonov received cash in the amount of 780 thousand rubles under this transaction. This was done in order not to pay income tax, which, in the event of the conclusion of the sale and purchase agreement, would have to be paid by the seller - Ivanov A. Subsequently, the daughter of Ivanov A. applied to the court, demanding to apply the consequences of the invalidity of the transaction, since Ivanov A. hid the funds received from a family in need of money.

Remember that giving is absolutely free transactionwithin the framework of which the donor should not receive any counter-grant. If, in the course of donation, the donee commits any actions in favor of his counterparty (transfers a certain amount or thing, fulfills an obligation), then such an agreement considered onerous, and the norms developed by the legislator for buying and selling relations, barter, etc. are applied to it. (that is, for the transaction that the parties really had in mind).

To carry out a free transfer of a vehicle, a car donation agreement is used. The donation procedure determines that the movable property has a new owner. In this case, property rights are transferred from one citizen to another absolutely free of charge, and not for money as in a purchase and sale transaction.

Despite the fact that such an agreement refers to a typical civil one, the registration of a deed of gift and the procedure for transferring ownership itself has a number of features that you should know about before you are going to give a car to someone. How the donation is drawn up, how much will have to be paid for the contract, to whom you can give it, and also what is the step-by-step donation algorithm - in today's article.

Download a standard template for a car donation agreement on our page.

Who can I give a gift to?

The procedure for transferring property by donation involves the participation of at least two people: the donor - a private person who donates a car or other thing, and the gifted - a citizen who is presented with a gift.

Depending on who exactly is presented with the car on the donation, the procedure and the documents provided differ. Let us mention right away that only a category of individuals has the right to give and receive as a gift by law. Moreover, those that do not carry out any entrepreneurial activity. So, a gift can be made:

• a relative belonging to the category of relatives. This includes the donor's parents, children, grandchildren and grandparents;
• spouse by legal marriage;
• a child under the age of 18. The form of a car donation agreement for such persons is no different from an ordinary document. However, if a transaction is concluded with a child under 14 years old, then even a signature on his behalf is put by a legal representative; a person over fourteen years of age can independently sign the paper;
• third party. It could be a completely stranger. The law does not prohibit such a gesture. The main thing is to write down all the conditions in the contract in detail.

Of the listed persons, the tax payment is charged only to persons strangers to the donor (size - 13% of the value of the vehicle). The rest are exempt from such payments.

When to use a deed of donation for a car

The initial function of a donation agreement is the legalized transfer of a gift from one citizen to another. Basically, such citizens are tied by close family ties. Payment for the car is not implied, because donation is a transaction with a gratuitous basis.

In addition, there are several more typical situations in which a dedication is used:

• the spouse transfers the movable object to the personal property of the other half. Upon dissolution of the marriage, the donated valuables (if they have a donation agreement) will remain the personal property of the owner. It can be said that such a transaction in some way replaces the marriage agreement;
• a sample contract replaces a will because of the donation of the car, the vehicle is excluded from the inherited mass, and the donor can easily control the process of transferring the car into the ownership of the donated.

Registration of an agreement is often used to hide the presence of such property from banks and law enforcement agencies. However, if the transaction was concluded precisely for this purpose, in the end it will be declared invalid by the court.

Pros and cons of dedication

Donation as a legal process is regulated by the Civil Code and belongs to a typical model of a civil transaction. Considering the benefits:

• sufficient simplification of the procedure for registration and transfer of property;
• no need for notarization of the transaction;
• quick registration of the rights of the new owner of the car;
• no need to pay taxes for close relatives;
• the ability to donate a car even to a minor or a stranger;
• the gifted person does not have any obligations to the donor.

• the need to pay tax if the donated party to the transaction is not a close relative with the donor. Even a natural aunt is obliged to pay 13% of the nephew's gift;
• low probability of challenging the transaction;
• few opportunities for the gifted in the future to use the car.

Like any procedure, the donation has drawbacks (depending on the specific situation, you can consider them, rather, subjective).

Step-by-step instructions for the procedure for donating a car

The algorithm for transferring rights to a person who is given a gift is as follows:

• we notify the gifted person and receive from him consent to accept the gift;
• we collect the necessary documents (more on this in the next section);
• we discuss the specifics of the transaction and draw up a contract;
• if you wish, we contact a notary office;
• we go to the traffic police and register the ownership (within ten days);
• we get title papers.

Donation documents

List of papers that citizens will need:

• originals of civil passports;
• papers on a car (registration certificate, registration certificate, certification of the absence of encumbrances - arrest or pledge);
• documentary fact of obtaining ownership of the car for the previous owner;
• original dedication;
• insurance policy;
• deed of transfer (if drawn up).

Print out the car donation agreement, sign it on both sides.

Structure and content of the document

The law does not define a standard contract, so you can download the form on the Internet. In addition, such a document refers to the usual confirmation of a civil transaction, so you can draw up a car donation agreement yourself. If you wish, seek the help of a lawyer.

The deed of dedication always contains the following information:

• data on the security (date of conclusion and place, participants in the transaction);
• information about the subject of the transaction - characteristics of the car (brand, model, etc.);
• conditions (place, time of transmission, and events that will cause the transmission);
• rights and obligations of the parties;
• presence or absence of encumbrances;
• transaction costs (who, in what amount takes them over);
• other conditions (whether the car is returned if the gifted person dies before the donor; reasons for the return of property).

Transfer acceptance certificate

The transfer document is not required for donation, and indicates the receipt of the movable asset by the new owner. It is advisable to draw up such a document in order to avoid possible disputes about the technical and other characteristics of the transferred machine. The act specifies:

• vehicle location, transmission method;
• model, brand, body number, other characteristics of the car;
• the shortcomings of the tool that can affect its operation are taken into account;
• a list of related items that are transferred with the machine is indicated.

The paper is sealed with the original signatures of the parties.

Do I need to indicate the cost of the car in the contract

The donation is free of charge, therefore, the indication of the value in the contract is not a mandatory measure. However, the indication of the amount will not be a violation. Rather, it will prevent possible problems in the traffic police. Some citizens complain that when registering a vehicle, employees, when examining a donation, make a remark that in the form of a donation (in the car donation form), citizens did not register the price of the vehicle, although this is not necessary.

A sample of consent for a gift from a spouse and is it possible to do without it

The consent of the second legal spouse to a gift is mandatory if the property is shared (acquired during the marriage). And this is not affected by the fact that a car can be issued only for one spouse (donor). The personal property of the vehicle will be considered only if it was purchased before marriage. In this case, the consent of the second spouse is not required.

The agreement must be certified by a notary if the donation transaction is drawn up in a notarial form.

The document contains information:

• about the subject of donation;
• about spouses (full name, passport data);
• consent is prescribed for the free transfer of the vehicle to the gifted;
• it is indicated that the citizen has no claims to transfer the gift;
• signatures are put, the date is indicated.

Download the form of the car donation agreement for individuals in 2019 in advance, read the consent form.

FAQ

Is it possible to draw up documents abroad?

Documents are issued only on the territory of the Russian Federation. If the donor is a foreign citizen, or such a person does not have the opportunity (time) to come for the transaction, a trustee does this for him by special permission (a power of attorney signed and certified by a notary).

How to get a deed of gift for a car without ownership?

On the part of the donor without the right of ownership, only a trusted citizen can participate in the transaction. A notarized power of attorney is drawn up for this. In other cases, the donor without ownership cannot sign the deed of gift.

Is it possible to make a gift if the car was bought on credit?

Activities with a credit car are limited to the rights of use and ownership. It is prohibited to dispose of the vehicle, which means that it is also prohibited:

• give;
• exchange;
• sell;
• perform other actions related to registration.

Thus, the owner of a credit car does not have the right to donate it until his obligations to the creditor are fully fulfilled. You can consult a lawyer in more detail in the chat on our website.

Is it possible to donate after inheritance?

The purchase of a car by inheritance presupposes the acquisition of legal ownership by the heir. The heir has the right to dispose, so he can donate the car after receiving the certificate of inheritance.

Who can dispute the transaction and in what time frame?

Any citizen can challenge the donation transaction in court, the reasons may be:

• the sample donation agreement is filled out with errors and typographical errors;
• no consent from other people who also own the car;
• an imaginary transaction (for example, a gift to avoid creditors' claims);
• one of the parties is an incapacitated or disabled person;
• the transaction violates the legislation of the Russian Federation;
• the agreement was drawn up without the will of the parties: the threat of reprisals, violence, misleading, etc.

Terms: from 1 to 3 years.

Can I donate a part (share) of a car?

It is possible to donate a part of the car if the consent of other co-owners is obtained and the conditions are detailed and clearly defined in the contract.

Such a gift means only the right to own shares, because it is impossible to physically separate the car without violating its operational properties.

Do I need to deregister a car upon donation?

By law, it is permissible to donate a car without first removing it from the register. This is done, usually, during the registration of the new owner of the car with the traffic police of the region.

Registration in the traffic police

Registration of the person gifted in the traffic police with a dedication is made no later than ten days after the signing of the car donation agreement, that is, from the moment the deed of dedication begins. Failure to comply with the norm threatens with penalties.

The traffic police will need:

• passport (original) of the new owner;
• a copy of the dedication;
• confirmation of kinship;
• papers on the car (vehicle passport);
• vehicle insurance;
• check, receipt confirming the payment of the duty;
• application.

Can I leave numbers

If citizens are within the same region of the Russian Federation and the donor agrees to leave numbers, then this is possible.

Registration cost

The cost of registration will not exceed 800-900 rubles, if the gifted is a close relative and the transaction is formalized without the services of a notary. In this case, the costs are equal to the state duties in the traffic police.

Is it obligatory to certify a deed of gift at a notary

Not necessary. But you can do this if you wish. In this case, you can save yourself from mistakes in the registration procedure. However, such an appeal entails additional costs:

• state duty for services;
• payment for the appraisal of the cost of a car (carried out only by accredited appraisers);
• associated costs.

Fact! The "price" of a notary will cost about five percent of the appraised value of the vehicle.

Paying taxes when donating a car from 2018

A tax payment on a valuable gift (car) is not imposed if such a gift is presented by a person belonging to a close family environment or persons equated to them (spouses, brothers and sisters with at least one common parent, adopted persons).

All others pay a tax of 13% of the value of the car.

How the transaction will be reflected in the 3 personal income tax return

Receiving such a valuable gift as a car belongs to the income of an individual, therefore the fact of the transfer is reflected in the tax return. In addition, the amount of accrued and paid tax is calculated.

When Gift Appraisal Is Required

An appraisal of the car by an accredited structure is only needed when contacting the services of a notary. Because the duty is calculated as a percentage of the vehicle's market price.

Video

Download the contract

If you did not find the answer to your question or you still have misunderstandings, contact a lawyer for a free consultation in the chat on our website.

Car donation agreement. The owner has the rights to own, use and dispose of his property.

The owner has the right, at his discretion, to perform any actions with respect to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienate his property into the ownership of others, transfer to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and burden it in other ways, dispose of it in a different way.

Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129 of the Civil Code of the Russian Federation), are carried out by their owner freely, if this does not harm the environment and does not violate the rights and legitimate interests of others.

The owner can transfer his property in trust to another person (trustee). The transfer of property to trust does not entail the transfer of ownership to the trustee, who is obliged to manage the property in the interests of the owner or a third party indicated by him.

The right of ownership of the acquirer of the thing under the contract arises from the moment of its transfer, unless otherwise provided by law or contract.

In cases where the alienation of property is subject to state registration, the acquirer's right of ownership arises from the moment of such registration, unless otherwise provided by law.

Under a car donation agreement, one party (donor) transfers the car free of charge or undertakes to transfer the car to the other party (donee) or a property right (claim) to itself or to a third party, or releases or undertakes to release it from property obligations to itself or to a third party ...

A promise to transfer a car or a property right to someone free of charge or to release someone from a property obligation (a promise of donation) is recognized as a donation contract and binds the promisor if the promise is made in the proper form (paragraph 2 of Article 574 of the Civil Code of the Russian Federation) and contains a clearly expressed intention to commit in the future, the free transfer of a thing or right to a specific person, or to release him from property obligations.

A donation, accompanied by the transfer of the gift to the donee, can be made orally, with the exception of cases provided for by paragraphs 2 and 3 of Article 574 of the Civil Code of the Russian Federation.
The transfer of the gift is carried out by means of its delivery, symbolic transfer (delivery of keys, etc.) or delivery of documents of title.

A car (movable property) donation contract must be made in writing.

Mountains. Moscow, Moscow region, RF
On the tenth of February two thousand ____________________

We, ALEXANDER VASILIEVICH ZINCHENKO, born 12.12.1972, passport 02 02 022220, issued by the ROVD of Moscow 02.22.2002, subdivision code 222-020, residence: Moscow, st. Proletarskaya, house number 139, bldg. "A", apt. No. 17 and VARVASHTYAN ANDREY ANDREEVICH, born on 23.13.1983, passport 03 03 339933, issued by the Department of Internal Affairs of the city. Moscow 12/31/2002, subdivision code 332-023, residence: city. Moscow, st. International, house number 38, apt. No. 84 have entered into this agreement as follows:

1. I, ZINCHENKO ALEXANDER VASILIEVICH, presented to ANDREY ANDREEVICH VARVASHTYAN a car of the brand VAZ21093, registration number ____________, identification number HTA214944Y2544944, release 1999, engine model VAZ21083 No. 5745551, chassis No. mountains. Moscow.
2. The specified car belongs to ZINCHENKO ALEXANDER VASILIEVICH on the basis of the passport of the vehicle 77 KM 577871, issued by the MREO of the State Traffic Safety Inspectorate of the Department of Internal Affairs of the city. Moscow 12.12.2002, certificate of registration of TS 77 KE 378317, issued by MREO of the State Traffic Safety Inspectorate of the Department of Internal Affairs of the city. Moscow 12.12.2002
3. I, VARVASHTYAN ANDREY ANDREEVICH, received as a gift from ALEXANDER VASILIEVICH ZINCHENKO the car specified in clause 1 of this agreement.
4. The donated car is estimated by the parties in the amount of 15,000 (fifteen thousand) rubles.
5. Prior to the signing of this agreement, the donated car has not been sold to anyone, has not been pledged, is not in dispute and under a ban (arrest), which is confirmed by the Donor.
6. Contents of Art. 209, 223, 572, 574, 578 of the Civil Code of the Russian Federation, the parties know (if through a notary, then the phrase will be: - "explained by the notary").
7. The contract comes into force after signing, transfer of the car and from the moment of its state registration.
8. The costs of concluding this agreement are paid by ALEXANDER VASILIEVICH ZINCHENKO.
9. This agreement was drawn up and signed by the parties in two copies, one for each of the parties (if through a notary, then the phrase will be: - “one of which is kept in the files of the notary office of the notary district of Moscow, Moscow Region, RF, at the address: Moscow , Krasnaya str., 7, and the second copy is given to the donee.

The text of this agreement has been read aloud by a notary.

SIGNATURES:
____________________
____________________

mountains. Moscow of the Moscow region of the Russian Federation, two thousand ________________ about a year.
This agreement is certified by me, ________ name ___________, notary of the notary district of the city. Moscow, Moscow region, RF.
The contract was signed by the parties in my presence. The identity of the parties is established, their legal capacity, as well as the belonging of the alienated car gr. Zinchenko, verified.

This agreement is subject to registration with the traffic police of the Moscow region.

Registered in the register under No. _____________

Collected at the tariff - _____________ (by agreement of the parties on the basis of part 2 of article 22 of the Fundamentals of the legislation of the Russian Federation on notaries dated 02.11.1993 and on the basis of clause 39 of part 2 of the Instruction of the State Tax Service of Russia "On the Application of the Law of the Russian Federation" On State Duty " dated May 15, 1996 No. 42).

NOTARY
___________

Upon receipt of a car by inheritance or as a gift, the taxpayer does not bear the costs of its acquisition, and upon the sale of the said property, he generates taxable income. In this case, in the absence of expenses for the acquisition of the specified property, the taxpayer has the right to declare a property tax deduction provided for in paragraph 1 of Article 220 of the Tax Code of the Russian Federation.

Property tax deductions for the sale of property are granted when the taxpayer submits a tax return to the tax authority at the end of the tax period. At the same time, by virtue of Article 228 of the Code, taxpayers who have received income from the sale of property, with the exception of cases provided for in paragraph 17.1 of Article 217 of the Tax Code, are required to submit a corresponding tax return to the tax authority at their place of residence.

Vehicle donation contract

Vehicle donation agreement (numbered unit)

City of Moscow, Russian Federation, January 1, two thousand ________________ years.

We, the undersigned: Ivan Ivanov Ivanovich, born on January 11, 1922, residing at the address: Moscow, Lenin Street, 12, apartment 12, hereinafter referred to as the "Giver", and Petrov Petr Petrovich, born on May 01, 1970, residing on address: Moscow, Sovetskaya street, house 10, apartment 20, hereinafter referred to as the "donee", have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1. 1. The "donor" transfers free of charge (as a gift), and the "donee" takes ownership of the vehicle.

1. 2. Vehicle characteristics:

identity. number (VIN) WWW00000000000 chassis (frame) absent.

brand, model OPEL MOKKA body (cab, trailer) WWW00000000000

name (vehicle type) passenger body color (cab, trailer) white

year of issue 2015 engine displacement, cc 1598

model, engine no. 00000, no. 0000000 engine type petrol

1.3. The vehicle donated under this agreement belongs to the "Donor" on the right of ownership, which is confirmed by the vehicle passport No. 77 TK 777777 issued on January 01, 2015 ____________________.
1.4. The "donor" guarantees that the loan for the vehicle has been repaid, the vehicle is not under bail or seizure, it is not encumbered with any other rights of third parties, and does not appear in theft.
1.5. This agreement contains the entire scope of agreements between the parties in relation to the subject of the agreement, cancels and invalidates all other obligations and statements that may have been made or made by the parties, whether orally or in writing, prior to the conclusion of this agreement.

2. OBLIGATIONS OF THE PARTIES.

2.1. The "donor" undertakes:
2.1.1. Transfer the above vehicle to the "donee".
2.2. The "donee" undertakes:
2.2.1. accept a vehicle from the "Donor";
2.2.2. on their own and at their own expense, register the vehicle with the traffic police.

3. FINAL PROVISIONS.

3.1. In everything else that is not provided for in this agreement, the parties are guided by the current legislation of the Russian Federation.
3.2. Any changes and additions to this agreement are valid provided they are made in writing and signed by the parties or duly authorized representatives of the parties.
3.3. This agreement is made in two copies, one for each of the parties to the agreement.

4. SIGNATURES AND DETAILS OF THE PARTIES:

"Giver" ______________________
"The donee" ____________________

Download standard samples of contracts on our website absolutely free. And get free legal advice by phone or online.

The civil car turnover in our country reaches several million units every year. Basically, this is an ordinary purchase and sale, however, sometimes it becomes necessary to alienate a car free of charge. As a rule, this happens between relatives, but other possible situations are not excluded.

In this article, we will try to consider the problems of concluding and executing a car donation agreement.

Legal concept and content of the document

So, a car donation agreement is a civil document concluded between one party (donor) and the other party (donee), according to which the donor free of charge and finally transfers or in the future undertakes to transfer the car to another person.

The written agreement must contain the main characteristics of the car (type, and also the numbers of the body, engine, power, year of manufacture, body color, etc.), the main document on the basis of which the car belongs to the owner (certificate-invoice, contracts, etc.).

Necessarily, the donation agreement stipulates which party will bear the costs associated with its registration. In accordance with the agreement of the parties, the car donation agreement has the right to be notarized.

The donee has the right at any time, before the transfer of the vehicle to him, to refuse to fulfill the donation contract.

The difference between this transaction and similar

The fact of gratuitousness of the transaction is essential, any other reciprocal material alienation (in the form of a material object or property right or exemption from any imposed obligation) on the part of a person who receives material assets in private property free of charge, indicates the absence of the fact of donation.

All possible persons of civil law can be the subjects of the contract. As for citizens, when writing a car donation agreement, the requirements of the norms on the legal capacity of the parties must be taken into account.

When drafting and concluding a donation agreement in writing, the written form must be respected. Otherwise, in the event of a litigation about whether the transaction in question was committed orally contrary to the requirements of the law, the persons under the transaction are deprived of the opportunity to refer to possible witness testimony in confirmation of the fact of the contract, but they are not prohibited from providing other written and other evidence.

Is state registration of such a transaction necessary?

This agreement is not subject to state registration. However, the car must be registered with the new owner at the registration department of the traffic police.

Below is a sample of such a contract. Download it and use it as an option for designing your relationship. If you need our help, please contact us and we will draw up a donation agreement for you personally.

Car donation agreement

Mukhamedzhiev Abdul Khamidovich, passport of a citizen of Russia 41 090 4496855, issued on March 12, 2008 by the Department of Internal Affairs of the city of Severnye Chelny, unit code 2365 - 5666, registered at the address of residence: Severnye Chelny, Pravaya side street, 98, building 33, apartment 1315,
hereinafter referred to as the "Giver", and Mukhamedzhiev Rassul Khamidovich, passport of a citizen of Russia 41 090 4496876, issued on August 22, 2009 by the Department of Internal Affairs of the city of Severnye Chelny, subdivision code 2365 - 5666, registered at the address of residence: Severnye Chelny, Pravaya side street, d. 99, building 31, apartment 1319, hereinafter referred to as the "donee", have entered into this agreement on the following: