A sample of filling out a car donation agreement. Car donation agreement between relatives


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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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 interests of other persons protected by law, including alienate his property into the ownership of others, transfer them, while remaining the owner, rights possession, use and disposal of property, pledge property and burden it in other ways, dispose of it in a different way.

The 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 exercised 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 into trust does not entail the transfer of ownership to the trust manager, 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 in 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 title documents.

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 on 22.02.2002, 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. ND 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 the TS 77 KE 378317, issued by the 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 is not subject to 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, cubic cm. 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 other rights of third parties, and is not listed 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 that 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" ____________________


A gift agreement is a way to transfer ownership of a car for free. But it has its own peculiarities.

How to draw up a donation agreement for a car

The donation agreement must be concluded in writing, since the cost of the vehicle (hereinafter - the vehicle) exceeds 3000 rubles ().

The parties to the agreement are named:

  • donor - donates the car,
  • donee - accepts the gift.

Include the following points in your document:

  • Date and place of compilation.
  • Full name, passport data, addresses of the parties;
  • Vehicle characteristics: make, model, license plate, body type and color, year of manufacture, body, chassis, engine numbers, VIN identification number;
  • A document confirming the donor's ownership: certificate of registration of the vehicle, contract of sale, donation, certificate-account, court decision ();
  • The procedure for the transfer of property. Fix the order in the contract or provide an act of acceptance and transfer.

If the donor is married, then a notarized consent of the second spouse is required to complete the transaction. Before signing the contract, check whether the bailiffs have imposed a restriction on the registration of the car. If the previous owner has outstanding debts, the traffic police will refuse to register. It is worth checking the information using the online service on the FSSP website.

The most common question regarding donating a car: how to issue a donation for a car for a son, wife or other family member? A standard form is used to conclude an agreement between close relatives. It is advisable to prescribe in the document the degree of kinship of the parties.

Here's what a sample car donation contract looks like in 2019:

If, when registering the car, ownership was not transferred to it, then it will have to.

Tax amount when donating a car

A person who received a car as a gift is obliged to pay personal income tax (PIT) in the amount of 13% of its value. An exception is donation between close relatives (clause 18.1 of article 217 of the Tax Code of the Russian Federation). The Family Code of the Russian Federation includes among close relatives: spouses; parents and children; grandparents and grandchildren; brothers and sisters.

If the deal is concluded between strangers, it is more profitable to draw up a sales contract. According to the norms, the owner does not pay tax on the sale of property if he has owned it for more than 3 years. Personal income tax is not paid even in the case of a sale of a car worth less than 250,000 rubles ().

The question often arises,. The answer is no way. For sale only.

Where to go for registration of a dedication

You have the right to draw up a donation agreement in a simple written form or notarize it. Registration of an agreement with a notary is not necessary and is relevant only in case of mutual desire of the parties.

When the document is concluded, the donee applies to the traffic police department to re-register the car. This should be done within 10 days in any MREO, regardless of the registration address of the new owner or the place of registration of the vehicle. The addresses, contact numbers and the operating hours of the branches are on the traffic police website. See the full list of papers and the application for changing the owner of the vehicle on the traffic police website. MREO employees give out blank forms and help fill them out on the spot. The following documents will be required:

  • Donee's passport;
  • Vehicle passport (PTS);
  • Vehicle registration certificate;
  • Gift agreement;
  • CTP policy issued for the new owner;
  • Receipt or check for payment of state duty;

Please note that the new Administrative Regulation on Vehicle Registration came into force on 15.10.2013. Now there is no need to deregister the car before the transaction. Removal and registration occur simultaneously when the car is re-registered by the new owner in his own name.

Here is a sample of a deed of gift for a car to a close relative (typical):

How much is

When you draw up the vehicle donation contract form yourself, you only need to pay 2 state fees:

  • for entering data into the TCP - 350 rubles,
  • for the issuance of a vehicle registration certificate - 500 rubles.

It is convenient to pay the duties at the terminals installed in all MREO of the State Traffic Safety Inspectorate. You can use the services of commercial MREO. They work seven days a week. The re-registration procedure will take less time and costs about 4000 rubles.

If you decide to certify the agreement with a notary, get ready for additional costs. The cost of services depends on the price of the car specified in the document: Up to 1,000,000 rubles. - 2000 rubles. + 0.3% of the transaction amount. From 1,000,001 to 10,000,000 rubles. - 5,000 rubles. + 0.2% of the transaction amount exceeding RUB 1,000,000; over 10,000,000 - 23,000 rubles. + 0.1% of the transaction amount exceeding RUB 10,000,000.

Plus you will have to pay for technical services. On average, from 1000 to 2500 rubles.

Let's summarize

In the article, we examined how to write a deed of gift for a car and how to properly re-register ownership of the new owner. This process is simple and does not take much time.

If you do the paperwork yourself, it will take several hours to re-register the car with the MREO and 850 rubles to pay the state duty. Services of commercial MREO will cost about 4,000 rubles.

If a donation agreement is drawn up with a notary, you will pay an additional 3,000 rubles or more.

The donee does not pay tax when receiving a gift from a close relative. In other cases, you must pay personal income tax in the amount of 13% of the cost of the car.

The gift deed must be formalized and registered by law. To do this, you need to prepare documents:

  • passports of the parties;
  • car registration certificate;
  • oSAGO insurance;
  • car donation agreement;
  • receipt of payment of state duty;
  • if the parties are relatives - a document confirming their relationship;
  • power of attorney (if a representative acts from one of the parties).

sample car donation agreement

So, the obligatory components of the contract should be information about the subject. If nothing is said about the subject in the contract, it will be considered invalid.
Description of sections:

  1. First of all, you need to provide information about the city in which the deal is concluded, as well as passport details of both parties.
  2. Next, you need to describe the subject of donation as fully as possible:
    • the model of car;
    • year of issue;
    • color;
    • engine license plate.
  3. In the next paragraph, you must indicate where exactly the donor will transfer the car.
  4. It is imperative to prescribe what exactly is additionally transferred along with the car (documents or winter tires).
  5. The next section reveals information about the parties to the contract.
  6. Signatures of the parties.
  7. After the donor hands over the keys to the donee, it is necessary to sign the contract next to the inscription “received the car”.

deed of gift for a car without deregistration and with preservation of numbers

It is necessary to contact the traffic police to register the car for the donee. Today, according to clause 5 in the traffic police of the Ministry of Internal Affairs of the Russian Federation, the owner must remove the car from the traffic police register or change the registration data when the owner changes.

Donation - an agreement on alienation, respectively, the owner of the car will change. This means that the car must be deregistered.

For this it is necessary to carry out the following procedure.

  1. We need to collect some documents:
    • personal passport;
    • car passport;
    • insurance;
    • donation agreement.
  2. Together with the documents, come by car to the MREO and provide it for inspection.
  3. If the donor did not give you the insurance and the diagnostic card, you must additionally undergo a technical examination and receive an insurance policy in your name.

If the donor has valid insurance, after the conclusion of the transaction, you can make changes to the car's passport and reissue the insurance for yourself due to a change in owner. In this case, the insurance organization will not change, and you will be recorded as the owner in the policy.

Under insurance, you can register a vehicle for yourself. In this case, you need to pay the state duty for the registration of the vehicle.

The registration of the car must be carried out within 10 days ((item 3) from the date of the transaction.

If during this period the registration is not made, then the donor can write an application and cancel the registration (paragraph 2 of the Rules for the registration of vehicles and trailers to them in the traffic police of the Ministry of Internal Affairs of the Russian Federation.

With regard to state numbers, the above rules () indicate that at the personal request of the new owner, the numbers on the car may remain the same. The numbers must be changed if the parties to the agreement are located in different territories of the Russian Federation.

Before the conclusion of the donation, the donee, for his part, must check without fail:

  • she is not listed as hijacked or under arrest;
  • whether all fines have been paid for it;
  • are the documents valid;
  • whether the car is on credit.

If the above circumstances have not been verified before the deed of gift procedure, then after the transaction for all of the above, the donee will be liable on his own. Therefore, this must be done in order to avoid negative consequences.

features of the transaction between a legal entity and an individual

Civil law does not prohibit the conclusion of transactions between legal entities and individuals. In this case, it is important that the subject of the contract is free in circulation. Therefore, if a legal entity decides to donate a car to an individual, the law does not create any obstacles for this.

The law prohibits the conclusion of a donation if both the donor and the donee are commercial organizations.

You can donate a car to a citizen in any case, except if the donee is a foreigner. The Civil Code of the Russian Federation states that any subject of civil law can act as parties to a donation agreement. The only thing that needs to be paid attention to is that the citizen must be competent and have the authority to conclude a transaction.

The Civil Code of the Russian Federation establishes a mandatory written form of the contract if one of the parties is a legal entity.

It is worth paying attention to the fact that a legal entity must have legal capacity and if it acts as a donor under the contract, then it must also be the owner of the vehicle. This also applies to individuals (Civil Code of the Russian Federation).

how is the registration in Rosreestr and what documents are needed for this

According to civil law, donating a car does not require state registration with Rosreestr. In this case, the car must be registered in the name of the new owner at the address of his residence in the traffic police.

After the parties have made a deal, there are several steps to be taken. Without them, the donation will be legal, but the donee will not be able to use the machine. In this case, we mean re-registration of the car and payment of the state duty.

To do this, you need to go to the traffic police, submit an application and a donation agreement. After that, the owner will receive a new registration certificate. After receiving it on the spot, you need to check in detail whether the correct information is indicated in the document regarding the car. This is a very important point, because even a minor mistake can lead to problems.

Preparation for car registration includes the collection of the necessary documents:

  1. Car owner's passport
  2. Power of attorney to drive a vehicle (if the car is not registered by the owner).
  3. Passport for the car (this document contains all the information about the car - the number of the body, engine and data on all previous owners).
  4. Documents that the donee received after the transaction (donation agreement or act of acceptance - transfer).
  5. Insurance policy.
  6. Car plate numbers.
  7. Receipt for payment of state duty.
  8. Statement.

In principle, it is not difficult to collect documents if some of them were received at the conclusion of the donation. You just have to pay the state fee.

Today, when registering a car, you need to pay two types of duty: for obtaining car numbers - RUB 2,000 and for registration certificates - RUB 500

how much does car registration cost

When registering a car, you must pay:

  1. Notarial services
  2. Income tax
  3. State duty

Table. The total cost of registration of the transaction

Type of service The cost
1. Legal services The price depends on the services provided and ranges from 3 to 10 thousand rubles.
2. Income tax Paid only if the donation is made to strangers - 13% of the cost of the car
3. Notary services For relatives: 3 thousand rubles + 0.2% of the cost of the plot, no more than 50 thousand rubles;
Payment for strangers:
Depends on the price of the contract:
1) from 3 thousand rubles and 0.4% of the transaction amount, if up to a million rubles;
2) from 7 thousand rubles. and 0.2% of the amount, if from 1 to 10 million rubles;
3) 25 thousand rubles. and 0.1% of the amount, if the amount does not exceed 100,000 rubles.
4. State duty 1. For the issue of numbers - 2 thousand. rub. 2. For obtaining a certificate of registration - 500 rubles.

The donation of a car must be concluded in accordance with the general rules of the Civil Code of the Russian Federation. When concluding a transaction, special attention is paid to whether the donor is the owner, as well as the past of the car - whether it is pledged or under arrest.

Why do you need problems? Therefore, when concluding a deed of gift, even with relatives, saving on income taxes, with your carelessness, you can then pay dearly, because then you will be responsible for all the shortcomings - the donee, as a full-fledged owner of the vehicle.

Video: New rules for car registration from October 15, 2013.

A vehicle donation agreement (TC) can be concluded between organizations, private entrepreneurs and individuals. Gratuitous transfer of a car to a close relative is not taxed. Donation, by definition, is a gratuitous and perpetual transfer of ownership of the donated property ...

A donation for a car can be issued in a simple written form. It does not require registration with Rosreestr and notarization. The laws of the Russian Federation establish several ways of transferring ownership of a motor vehicle: purchase and sale; exchange; transmission ok ...

Most of us give and / or receive gifts more than once in our lives. If, then in this situation there are certain nuances that you need to know about.

Car donation agreement

The provisions

This document differs markedly from the contract under which the car. However, the main provisions are still similar. So, the donation agreement should indicate:

  1. Who is the giver and who is the donee... This is what the parties to the contract in question are called. Key data (passport and registration) must be indicated.
  2. Details of the car that is presented... They must be taken from the documents for the car, primarily from the TCP.
  3. An indication that the future gift is not encumbered, is working... Are there defects? It is better to list them, although here - as the parties agree.
  4. Car transfer method... There are a lot of options here. It can be stipulated that the donee takes the car himself or the transfer takes place at the donor's address, in general, it all depends on the specific circumstances.
  5. What comes with the car? Without fail, these must be documents for the car. Optional - all kinds of spare parts and accessories, it is desirable to list them.
  6. Finally, the columns for signatures of the parties.

A well-known lawyer will tell you what a donation contract is in this video:

Subjects

Do the texts of contracts differ if the donation occurs between relatives or, on the contrary, people without family relations? There are no requirements in this matter. Although you can take the initiative and indicate who the donor and the donee have to each other.

The question arises: is it fundamentally at all? Yes, and here you will need to read the Tax Code. We need the 271st article. It says that you do not need to pay tax on some income. However, clause 18.1 stipulates: if a vehicle is donated, then its value is taxed.

There are exceptions that relate specifically to the close relationship between the donor and the donee. Exceptional relatives include:

  • spouses;
  • parents with children (relatives or adopted children);
  • grandparents with grandchildren;
  • brothers and sisters, even if there is only one common parent.

If the relationship is more distant or absent altogether, then the lucky owner of a gift on wheels will have to pay tax. This is the well-known 13% of the cost of a car.

This video will tell about the mandatory columns of the car donation agreement:

Important nuances

Unlike a deal in which a car is, it doesn't matter how long the car was owned by the previous owner. Such a measure is designed to exclude the so-called sham deals, when the car is supposedly given, but in fact the donee pays for it.

Another important point. You will need three copies of the donation agreement. One at a time will be retained by the parties, and an additional one will need to be submitted to the traffic police when registering a car.

You can download a sample form for filling out a car (car) donation agreement between close relatives.

A sample of a car donation agreement between close relatives

Car donation contract - 1

Car donation agreement - 2

Car donation contract - 3

Car donation contract - 4

Car donation contract - 5

Free car shares

In comparison with the document mentioned above, there is only one difference. Wherever the word "car" appears, it will be necessary to indicate that we are talking about a share.Sometimes people express doubts: is it possible to donate a part of a car? Yes, this is stated in the second part of Article 246 of the Civil Code.

It remains to give information on one more question that often arises when talking about donating a car. Do I need a visit to a notary with such an agreement? It is possible, but there is no obligation here. If you read the 574th article of the Civil Code, then you only need to register the donation of real estate. According to the same article, it is possible not to draw up a donation agreement at all, more precisely, an oral procedure is possible.

Still, it is desirable to draw up a written contract and visit a notary. Such a measure will not be superfluous if one day the donor regrets his deed. In some cases, the gift can be requested back, but with an oral agreement, this will become impossible in principle.

As with any property transaction, a donation agreement requires a careful approach. Correctly executed documents allow you to avoid potential problems later. A sample of a donation agreement for a share of a car (car) was not applied to a relative, since it is similar to the one laid out above, with the exception of the mention of the share.

This video will tell you how to challenge a car donation agreement after the death of the donor:

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