How to re-register a car to a relative without selling it

Re-registration of a car between relatives

Re-registering a car to a relative has its own nuances. They are determined depending on the method of transfer and the presence of outstanding debts.

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For relatives, the cost of registration will also be changed, along with which additional documents will be required that will confirm the presence of family ties with the citizen transferring the car.

Is the heir obligated to pay the debts of the former owner?

If a situation arises in which a citizen inherits a car, then the debts of the deceased may go along with the vehicle. At the same time, the new owner should be aware that all taxes on a non-re-registered car accrued after the death of the owner do not have to be paid.

To do this, it is enough to send a letter to the tax office, to which is attached a copy of the death certificate. At the same time, the new owner will have to pay all taxes accrued before the death of the citizen.

Before the re-registration procedure, it is not necessary to deregister the car, as specified in paragraph 6 of part 1 of Order of the Ministry of Internal Affairs No. 1001. A change of owner can be carried out using an application sent to the traffic police or through the State Services portal.

The re-registration procedure itself when contacting the traffic police consists of the following steps:

Collect a complete package of required documents. The list of required papers can be found in paragraph No. 15 of Order of the Ministry of Internal Affairs No. 605.
Go to the traffic police department to register the vehicle. You can choose any registration department within the Russian Federation. Queuing must be done electronically. As soon as the employee accepts, he needs to submit a complete package of documents with a correctly completed application.
Conduct a vehicle inspection. This is a mandatory procedure that must confirm that the actual condition of the car matches the data entered in the documentation.
Pay the state fee.
Submit the received documents.
Receive ready-made documents confirming the re-registration of the car to the new owner.

When re-registering through State Services, the steps required to complete change:

complete the registration procedure on the portal. If the user already has an account in the system, then you need to log into it;
in your personal account you need to select the “car registration” service;
then “receive a service”, it is also advisable to familiarize yourself with the information provided on the same page;
confirm the need to receive the service;
fill out the information that is automatically entered into the application form;
enter information about the owner;
vehicle data;
fill out the information from the documents attached to the application;
choose a place to visit the registration department of the traffic police.

All these steps will allow you to automatically draw up an application and then send it to the traffic police. You will also need to pay the state fee using a receipt.

Completion of registration through State Services takes place in two stages:

payment of state duty;
inspection of the vehicle by a registration department employee.

Re-registration of a car in the name of a relative without deregistration in 2019

But the procedure will need to be carried out within ten days (CLAUSE 4 OF PART 1 ORDER OF THE MINISTRY OF INTERIOR No. 1001) from the date of transfer of the vehicle.

The day of transfer is the date of execution of the document, according to which the relative becomes the owner of the car.

There are several ways to transfer a car:

With the help of a deed of gift

It is possible to complete a transaction only if there is evidence that the owner has the right to the car. If the transaction is executed through a third party, then a general power of attorney will be additionally required to carry out the transaction.

During the donation procedure, the person receiving the vehicle must check all the data. If the car is pledged, then it can be transferred only if there is confirmation from the citizen accepting the gift.

Read about the procedure for re-registering a car to a relative here.

You can give a car without going through state registration. The reason for this is that the transaction is free of charge. The recipient of the gift must not transfer anything in return: services, money, other valuables, and so on.

There are several distinctive features of a gift agreement:

cannot be concluded between legal entities;
presence of witnesses is desirable;
beneficial when concluding between relatives;
It is as easy as possible to transfer a vehicle into the possession of another person.

Sometimes it is not possible to transfer a car under a gift agreement. In this case, it is necessary to transfer the vehicle in another way.

By inheritance

The property of a retired relative may suddenly come into possession under the rule of inheritance. Transfer of a car by inheritance is possible already on the day of the owner’s death. This day will be considered the day of opening the right to inheritance. From this moment on, all powers of attorney for the vehicle will be invalid.

Confirmation of the right of inheritance provides only the right of ownership. And it will be possible to dispose of the car only after receiving a certificate confirming the right of inheritance. The certificate is issued within six months. In order to re-register the car, the heir has 10 days.

Only the following citizens can be heirs:

children;
parents;
spouse;
brothers, sisters (second stage);
brothers and sisters of parents (third stage).

Re-registration is required only if the new owner expects to use the vehicle for its intended purpose.

If the heir does not have rights or wants to sell the car, then it does not even have to be registered.

After drawing up the purchase and sale agreement, the vehicle will be transferred to the new owner along with the obligation to register it.

According to the purchase and sale agreement

Transferring a car to a relative through purchase and sale with license plates does not have any hidden nuances. Everything is simple and easy:

a contract is drawn up;
money and a vehicle are transferred;
the new owner is sent to the registration department of the traffic police.

Depending on the wishes of the new owner, registration numbers can be replaced, although the law allows you to continue to operate the car even if you use the old plates.

By general power of attorney

A general power of attorney is the most unpleasant way to transfer a car to a relative. The reason for this is that the previous owner will remain the actual owner.

The power of attorney only gives the right to operate the car, but not to dispose of it as personal property. Payment of taxes and fines will still fall on the citizen who is the owner of the vehicle, and not the one operating it.

Are there benefits and advantages for the listed methods?

Each of the listed methods has its own advantages and disadvantages. Thus, drawing up a deed of gift is an excellent way to transfer the right to drive a vehicle without collecting additional taxes, but drawing up the agreement itself involves certain expenses.

Payments required:

Notary Services;
government fees;
appraiser;
lawyer.

But the main problem with transferring a vehicle using a power of attorney is that the real owner will be responsible for the car. Even fines received by a citizen with the right to drive must be paid by the owner of the vehicle.

In this case, transferring the car according to the purchase and sale agreement is the best way:

It transfers rights in full without any restrictions.
You will only need to pay a fee for registering a car and notary services only if the registration is carried out using third parties.

Package of necessary documents

The documentation required for re-registration of a car is divided into two lists.

Required:

passport of a citizen of the Russian Federation;
PTS or STS;
an agreement according to which the car is transferred into the ownership of another citizen;
application for vehicle registration.

Documents to be attached if available:

papers for numbered units;
if the car was imported into the territory of the Russian Federation for a period of more than six months, then customs papers are attached confirming the legality of the entry;
if the car was not disposed of, but a document was drawn up for this, then papers on the disposal of the vehicle are needed;
if the car is returned after it was stolen, then proof in the form of a resolution from the investigative body is required to confirm the existence of rights to this vehicle and which is the basis for identifying the car.

One of the required documents is an application for re-registration of the car. The form itself can be downloaded from the traffic police website or obtained upon a personal visit to the registration office. You can download it below from the link provided:

The application includes the following items:

name of the department where the application is sent;
applicant's details (full name, place of birth, residential address, registration address, passport details);
vehicle data (information from PTS or STS);
list of documents attached to the application;
if there is a proxy, the details of the proxy;
date of creation of the application and signature of the applicant.

The reverse side is not required to be filled out, since this is where the fields for automobile inspection employees are located.

The obligation to pay state duty is specified in Article No. 333.33 of the Tax Code of the Russian Federation.

The cost of re-registration of a car consists of:

What is the best way to transfer a car to a relative?

Sometimes circumstances force motorists to re-register their car in the name of relatives.

You can transfer ownership of a car using a purchase and sale agreement. But this is not always convenient and profitable.

Let's look at how else you can re-register a car to a relative without selling it. How to do this quickly?

Re-registration methods

A car can be transferred to relatives without selling it in three ways:

gift agreement;
a general power of attorney, which gives the right to dispose of the car;
by inheritance.

Donation agreement

To complete the transaction, the owner must have legal rights to the car: the donor must be its owner, or he has a general power of attorney allowing this transaction to be carried out.

If the vehicle is jointly owned by spouses, consent from the spouse is required.

And if a husband gives a car to his wife, during divorce proceedings it will be her personal property.

When donating, you need to check whether the car is listed as stolen or whether it has been seized . A car that is pledged can only be donated when the pledge holder gives his consent.

If parents give a car to a child, it is his property. The transaction is made without taxes if the agreement is concluded between relatives.

State registration is not required for a gift agreement. This is a gratuitous type of transaction. The donor must not demand payment or other services, otherwise the deed of gift will be invalid.

It is impossible to conclude a gift agreement between legal entities . The car must be deregistered and a form must be filled out. After the transaction is certified by a notary, the car is registered with the State Traffic Inspectorate at the place of residence.

Lawyers recommend involving witnesses when concluding a transaction . They will be able to confirm the conclusion of the transaction if controversial issues arise, or record it on camera. This is beneficial for both parties.

It is most profitable to conclude a gift agreement with relatives . They don't pay taxes on their income.

If you give a car to a friend or non-relative, the recipient must pay 13% of the cost of the car. To register, you must contact the tax service.

Transfer of ownership is necessary in the following cases:

to avoid drawing up a will and simplify the process of receiving an inheritance;
to avoid the participation of the car in the division of property if the marriage is dissolved;
if you need to avoid confiscation of property due to debt.

Registration procedure:

An agreement is drawn up.
The details are being agreed upon.
Obtain consent from the recipient.
The document is signed.
Keys and documents for the vehicle are handed over.
The vehicle must be registered within 10 days.

List of documents:

passports of both parties;
vehicle registration certificate;
MTPL insurance;
car donation agreement;
receipt of payment of state duty;
a document confirming the relationship (if the parties are relatives).

The contract must contain the following information:

information about the city in which the transaction was concluded;
passport details;
car model, year of manufacture, color, engine license plate;
what you send along with the car (documents, winter tires, etc.).

Documents for re-registration of a car:

agreement (3 copies);
statement;
passports;
PTS;
vehicle registration document;
insurance;
driver license;
act of acceptance and transfer;
a document that establishes the absence of encumbrances;
consent of the spouse if the car is joint property;
receipt of payment of state duty.

Let's find out how to re-register a car in the name of a relative without deregistering it.

Video: The procedure for registering a car in the MREO STSI after purchase (addition about car registration documents)

Gift deed without deregistration

To register a car, you need to contact the traffic police. But you still have to deregister the car. A deed of gift is an alienation agreement, so the owner changes .

If the donor did not transfer the insurance and diagnostic card, the new owner will again have to undergo maintenance and receive an insurance policy.

Under insurance, you can register a vehicle in your name . Then it will be necessary to pay a state fee for registration. The numbers may remain the same.

If the new owner does not check the car to see whether it is listed as stolen, whether it has a credit card, whether all fines have been paid for it, whether the documents are genuine, the donee will bear all responsibility.

In 2019, the cost of re-registration of a car is 800 rubles (with a new PTS and keeping the numbers), 350 rubles (if the data in the previously issued PTS has changed). If the registration deadlines are violated, a fine (2000 rubles) will be paid.

General power of attorney

The power of attorney leaves you as the owner, but allows other family members to drive the car, make any transactions with it, even sell the car within the validity period of the power of attorney.

The document must be notarized. The owner of the vehicle applies to the notary's office, having a passport and documents that confirm the rights to the car.

Under a general power of attorney, the representative will not be able to register it in his name or sell it to himself, but he will be able to sell it to third parties, and then buy it for a symbolic price.

Required documents for re-registration with the traffic police:

original power of attorney;
PTS;
registration certificate;
documents on completed maintenance;
passports;
insurance.

Corresponding changes are made to the insurance.

If the car was purchased by proxy, problems may arise. If the representative did not register the vehicle in his name or did not sell it to a third party, the previous owner remains the owner.

Quite often, after selling a car by proxy, the previous owner still receives demands for taxes or penalties.

The registered owner can do the following:

Find the owner, sell him the car under a sales contract, re-register the car with the traffic police. Such a transaction is easier to make between relatives.
If the location of the owner cannot be determined, you should submit an application to the tax office, indicating that the car was sold by proxy. Also in the application, ask to consider the new owner of the car as the tax payer. If a refusal comes, you can appeal it in court.
You can try to get rid of the obligation to pay fines and taxes on a car that has already been sold by submitting an application for disposal of the vehicle to the traffic police. The issue can be resolved positively. When a car is deregistered due to scrapping, fines and taxes will no longer be charged. You only need to notify the tax office about the date of write-off and the scrapping of the car. If the owner, by proxy, continues to drive the car, the vehicle will be listed as written off and prohibited from use according to the traffic police database.

Another disadvantage of a general power of attorney is that the document can be canceled by the owner at any time. And then any transaction based on the canceled document will be considered invalid.

Inheritance

Relatives can inherit a car in the following ways:

By will . The persons specified in the will will inherit.
In law . Children, spouses, parents (first priority), sisters, brothers, grandparents (second priority).

Ownership rights cannot automatically pass to relatives by inheritance. First you need to take a few steps.

If one of the relatives disposed of the car under a power of attorney from the deceased owner, the document ceases to be valid from the date of death.

Ways to accept an inheritance:

submitting an application to a notary;
actual acceptance (the heir confirms that the owner manages, owns the property, and bears the costs of its maintenance).

The fact of inheritance is recognized in court. The traffic police must provide a court decision on acceptance of the inheritance, otherwise it will be impossible to register ownership of the car.

The period for entering into inheritance is six months from the date of death. You must provide the notary with :

passports of heirs;
death certificate;
birth and marriage certificates;
will, if any;
documents for the car.

To determine the amount of the state duty for issuing a certificate of inheritance, contact an independent appraiser. First-line relatives pay 0.3% of the assessed value, but not more than 100,000 rubles. Other relatives - 0.6%, not more than a million rubles.

A certificate of inheritance rights gives you the right to contact the traffic police, where you will need to re-register the car in your name.

Other documents that will be required:

documents for the car;
passports of heirs;
reissued MTPL policy.

A period of 10 days is given for re-registration . All registration steps can be completed within a day.

The car is registered in only one name. If there are several heirs, they must write a statement confirming their renunciation of ownership of the car. But they can be included in the PTS.

Along with the property, the heirs accept the debts of the former owner.

Before inheriting a vehicle, you need to clarify information about the presence of unpaid fines. If there are any, they need to be paid (if the heir decides to register the car in his own name).

What is the cheapest way to transfer a car to a relative?

A small table for comparison:

Is it possible to re-register a car without deregistration?

In a number of life circumstances, there is a need or simply a desire to transfer the car to a relative. According to modern legislation, it is permissible to do this without deregistering the car. How to do this and what nuances there are depending on the transfer method are described below.

Re-registration of a car involves the transfer of rights not only of ownership, but also of disposal. The only option where a person can only operate a car is a general power of attorney, but it has a number of important features.

Methods of transferring a car to a relative

There are 4 main ways to transfer ownership of a car to a relative. The choice of method may depend on life circumstances, for example, if we are talking about inheritance, as well as on the format of the transaction. Note that one of the options does not involve a change of owner, as well as registration, which imposes certain obligations on the owner.

You can obtain ownership of a car from a relative in the following ways:

Let's look at the advantages and disadvantages of all options in more detail, as well as the best situations for using each method.

Gift deed

Only the owner can donate a car. Drawing up such an agreement by a third party is permissible only if there is a general power of attorney with the right to transfer the car.

Important features of a gift agreement involving the transfer of a car to a relative include:

Not acceptable between two legal entities.
It is preferable when the agreement is concluded between two relatives.
The simplest and most inexpensive way to transfer ownership of a car.

The transaction itself in this case is free of charge, that is, nothing is required in return for the provided car, neither cash nor other valuables. The state fee is 1000 rubles and is paid by the new owner. This is the best way to transfer a car to a relative without selling it.

When concluding a gift agreement, it is desirable to have witnesses present; their testimony will be required if one of the parties decides to challenge the agreement.

General power of attorney

One of the ways to transfer a car to a relative is to write a general power of attorney. In this option, the car is not only not deregistered, but the owner does not change at all. The advantage of this option is that it is enough to write one document listing all the rights of the trustee. However, the method has a whole list of disadvantages:

The new owner does not have the right to dispose of the car, but only to operate it.
All fines and sanctions will be addressed to the legal owner.
In the event of a bankruptcy case, the car may be repossessed to pay off debts.

In most cases, the method is used when the owner temporarily transfers the vehicle to a close relative so that he can carry out certain actions, for example, undergo a technical inspection.

A general power of attorney is not the transfer of ownership of a vehicle to another person, it is simply the right to use another person’s car. It can be issued either to a relative or to a stranger. There is no state fee, but you will need to pay for the services of a notary who will certify the document.

If you plan to travel abroad by car, then it is worth making a general power of attorney, and be sure to indicate in it the right to cross the state border.

Inheritance

You can also obtain ownership of a car through inheritance law. After the death of the testator, his property passes to his relatives either by will or by law . The first priority legal successors are spouses and children. An important feature of inheritance is that the right to dispose of property occurs only six months after the death of a person. The fact is that for 6 months the notary is checking the rights of the heirs.

After receiving the certificate of accession to the rights of the heir, the assignee must re-register the car in his name within ten days. But this procedure is only necessary if a person plans to operate the vehicle. In cases where the car is not needed and it is planned to sell it, it is permissible to register it directly to the buyer . The document reflecting the ownership of the seller's car will be an inheritance certificate.

Useful article on this topic:

When re-registering a car due to inheritance, you must pay a state fee. Its size is determined by the degree of relationship between the testator and the successor. Recipients of the first priority contribute 0.3% of the value of the property, and the rest - 0.6%. Due to the peculiarities of calculating the contribution, an assessment of the vehicle is required before re-registration.

During the first 6 months, the first-degree successor, or specified in the will, can operate the car, but it is prohibited to issue powers of attorney or enter into any transactions with the vehicle.

If for some reason the gift agreement is not suitable, then you can use a standard purchase and sale agreement. It is applicable both when concluding transactions with third parties and with relatives. The property transfer process is standard:

Concluding a purchase and sale agreement in the presence of a notary.
Transfer of car and funds.
Re-registration of a car at the MREO department.

The citizen has 10 days to re-register the car. After this period, a fine of 500 rubles will be charged.

A similar method is often used when re-registering a car to a relative. For example, if parents want an adult child to have a valuable car, then they can ask him to pay a fee (even less than the cost of the car) and have everything officially recorded. The procedure can be carried out without deregistration.

When selling a vehicle, you must pay income tax. But at the state level some benefits are provided. For example, the contribution is not transferred if the transaction amount is less than 250,000 rubles.

Procedure for re-registration

In accordance with the order of the Ministry of Internal Affairs No. 1001, re-registration of a car in the name of a relative is possible without deregistering the car. But information about the new owner is included in the documents for the car. The procedure involves performing the following steps:

Collect a complete package of documents, the list is presented below.
Go with the vehicle to the traffic police department.
Join the electronic queue and hand over the documentation and application when called.
Get your car inspected.
Pay the state fee and get new papers for the car.

Submitting an application is also possible through the government services portal. To do this, you must have an authorized profile on the site . The advantage of the method is that all stages of document verification will be carried out without the participation of the owner. Will he need to bring the vehicle for inspection on the selected day?

Required documents

To transfer a car from one person to another, you need to collect a package of documents. The list may be supplemented depending on the past of the car. For example, if it was recently brought to Russia, then a customs coupon is attached. In most cases, a basic list of documents is sufficient:

Identification document of the new owner - passport;
Certificate of registration of the vehicle and title;
An agreement reflecting the transfer of rights of ownership and disposal of property;
Standard application for vehicle registration.

As for the last document, the form can be obtained from the traffic police department or downloaded on the Internet from the official website of the department. The application must provide the following information:

Number and address of the branch to which the request is sent.
The applicant’s personal data, in addition to the series and passport number, is also indicated: date and place of birth, contact information.
Information from car documents.
List of attached documents.

At the end there is a signature and date. The reverse side of the form is filled out by an authorized traffic police officer during the vehicle inspection process. This form has a unified form and is the same for all regions of Russia.

Detailed article on this topic:

There are 4 ways to transfer a car to a relative. The most common is a gift agreement, however, concluding a purchase and sale agreement is also acceptable. Inheritance occurs upon the death of the previous owner and has its own nuances.

It is not recommended to use a general power of attorney, since it does not imply a legal transfer of ownership. The procedure for re-registration of a vehicle is carried out at the traffic police department, since it is necessary to undergo an inspection of the car.

4 ways to re-register a car in the name of a close or distant relative: legal advice

Every car owner sooner or later faces the question of resale. Sometimes this is due to the desire to purchase a new car (most often). And sometimes you just need money urgently.

Situations in which a car is transferred to a person close to you require special attention. After all, it is in such a situation that many interesting nuances often arise. These include taxes and the re-registration procedure itself. This also includes the sensitive question of who will pay the debts that could accrue to the owner of the car in the event of fines or if the car was purchased on credit.

We will try to discuss all these situations in detail. You will also learn how to re-register a car to a relative without selling it? So let's get started.

Ways to re-register a car to a relative

Now let's talk directly about the ways in which the ownership of a car changes between relatives. As indicated in the title, we will look at 4 such methods.

Looking ahead a little, I would like to note the legal basis for all of the methods below. You will find a detailed legal framework for them in the Civil Code of the Russian Federation. In sections devoted to contract law and some others. Let's take a closer look at how to re-register a car to a relative?

You can find all the latest information on re-registration of vehicles on our website.

For details on re-registering a car to your wife, read the article by our lawyer.

This method is considered one of the most beneficial for both parties entering into an agreement. The document certifying such legal relations will be a gift agreement. When executing this type of transaction, its parties avoid paying taxes (if they are relatives). This property will not become the subject of dispute in the event of, for example, division of property during a divorce. There is also no need to pay cash for the car, which greatly simplifies the preparation of the annual tax return.

In order for the donation to enter into legal force, it is necessary to draw up a notarized agreement. It must indicate the place where the document was concluded, the consent of the recipient, and a list of everything that becomes the property of the new owner (for example, a set of winter and/or summer tires).

After drawing up such a document, the car must be re-registered so that an official change of ownership occurs. So, here are the advantages of this deal:

no need to pay taxes;
this type of transaction does not imply the further possibility of division of property;
the procedure is quite quick and simple;
this method will allow the donor to avoid confiscation of property (for example, if it has debts for which the car can be seized).

Inheritance

A situation where a car becomes your property after the death of your relative.

This is a more complex situation (meaning the time the heir takes full ownership). First, let's look at what types of inheritance there are. It can be by will (i.e., the notarized written will of the deceased) or by law (regular).

With the will, I think everything is clear. There is a duly executed declaration of will, according to which the car becomes the property of one of the relatives (for example, you). However, there are some nuances here too:

It is important to remember that having a will does not make you the absolute owner. There are situations in which its legality can be challenged;
There is a certain time period for entering into inheritance (6 months). If you miss the deadline for entering into an inheritance, being an heir without a good reason, ownership will pass from you to more efficient heirs (perhaps not even noted in the will) or the property will go to the state.

Now let's note inheritance by law. It's even more complicated there. There is such a type of inheritance as next. Those. There are several degrees of relationship:

neighbors (first place) – children, parents, wives/husbands;
distant (second and subsequent) - grandparents, grandchildren, nephews, aunts, uncles, etc.

In this situation, the algorithm for taking over your rights is complicated. Let’s say, if there is no dispute about which relative should become the new owner (i.e., the ideal situation is almost out of the realm of fantasy), then depending on the heir to what degree of relationship you are, what you will need to do depends on what you will need to do:

receive a waiver from all relatives, according to which they do not lay claim to this car;
submit an application to a notary to enter into an inheritance or confirm the right of ownership of property through the court;
Based on this, deregister the car from the traffic police, registered in the name of a deceased relative, and register it in your own name.

The next type of transfer of a car between relatives is purchase and sale.

It is regulated by the same Civil Code of the Russian Federation. This type of transaction can be carried out either in simple written form (if we are talking about relatives), i.e. without notarization, and in a complex form (i.e. by a notary). However, the latter form of registration is not mandatory.

When drawing up such an agreement, it is necessary to take into account the fact that the transfer of funds for the car must be recorded in the form of closing documents - receipts. Naturally, it is drawn up in accordance with legal norms. Well, of course, the car must be re-registered to the new owner.

Power of attorney

The power of attorney assumes that there is no transfer of ownership of the car to another relative. However, it presupposes permission to dispose of the car (operation, sale to a third party). However, there is an important clarification here. The power of attorney must be a general power of attorney, and not just a power of attorney for the management of transport.

This document must be certified by a notary. An important nuance in this situation is that the authorized person cannot register the car in his name or sell it to himself. However, sales to third parties are not prohibited. Accordingly, there is some loophole for legal fraud. The disadvantage of this type of transaction is that the owner bears the entire burden of responsibility for the car.

Re-registration and payment of taxes

Now let's talk about re-registration and payment of taxes for all the types of transactions we have listed, but in the aspect of kinship. Those. what you will have to do or give to the state as taxes if you are a close or distant relative. Let's draw a circle again:

loved ones - parents, children, spouses, adoptive parents, adopted children, brothers/sisters, grandparents;
distant - all other relatives.

Close relatives

In the case of a gift, close relatives are exempt from paying taxes, but must re-register the car in their name.
In the case of inheritance, close relatives are exempt from paying taxes when accepting an inheritance. However, if they sell the car within three years from the date of inheritance, then they will have to pay tax on it.
If you sell a car, there is also no need to pay tax. It is still recommended to re-register the car.
If a deed of gift is issued, no tax is paid; it is not possible to re-register the car in your name, based on the law.

Distant relatives and third parties

Now let’s look at the situation if the car became the property of distant relatives or third parties.

For inheritance, tax is also not paid, regardless of the degree of relationship. You still have to re-register the car.
In case of sale (if the car was owned by less than three people), tax is paid. However, there is one caveat. The tax is imposed on cars costing over 250 thousand rubles. If the cost of the car exceeds the above, then it is possible to apply for a tax deduction. Regarding re-registration - definitely yes.
In the case of a gift, distant relatives or third parties pay tax on a general basis (13% of the market price).

Should the new owner pay the debts?

As for the debts of the previous owner, there are several nuances. They mainly concern the specifics of the debt (for example, the car is on credit or fines for traffic violations). It also depends on the nature of the car purchase.

The new owner is obliged to pay all debts if the car was acquired by him in connection with a gift or inheritance. This happens because, in addition to taking ownership of the property, the entire burden imposed on the property passes to the donee or heir.

In the case of purchasing a car on the basis of a purchase and sale agreement or a power of attorney, everything depends on the nature of the debt. Let’s say if the car is on credit, it will not be possible to sell it without the bank’s consent in principle. And if the nature of the debt is fines, then they were imposed not on the car, but on its owner for a certain period of time. Accordingly, it is his responsibility to pay for them.

In the case of a power of attorney, the owner of the car does not change. Accordingly, he bears the full brunt of responsibility for the debts.

Which method should I choose?

The answer to this question depends on the specific situation in which the relatives find themselves and on the goals they pursue. Each method has its pros and cons. For example, if the issue is paying taxes, and the transaction is carried out between close relatives, this is definitely a gift. This procedure provides the simplest and fastest procedure for transferring ownership.

In any case, what to choose is up to you. However, it would be a good idea to consult with a lawyer. He will select the best option for your case.

Documents for completing a transaction

Now let’s look at what documents will be required to complete this or that type of transaction:

donation - an agreement drawn up in triplicate, it contains the passport data of the donor and the donee, information about the place where the agreement was concluded, information about the subject of the agreement (the car, its characteristics and features), information about the rights and obligations of the parties, and the signing of the agreement. It is not necessary to notarize;
inheritance – documents are presented to a notary or to the court. Heir's passport, death certificate of the former owner, will, documents for the car;
sale - parties to the agreement, information about the car (characteristics and other information), price and payment procedure, date of transfer to the new owner, additional conditions;
power of attorney – passport data of the principal, information about the car, data about the authorized person, a list of actions that the authorized person can carry out.

Conclusion

So, we have considered four options for contracts for the transfer of a car between relatives of different properties. Which one to choose is up to you. We hope that we have helped you understand the intricacies of this issue.

How to re-register a car in the name of a relative without deregistering it?

In Russia, recently citizens have the opportunity to re-register a vehicle in the name of a loved one, without deregistering the car. You can find out how to re-register a car in the name of a relative without deregistering it, what methods are available for this without selling the car, how to re-register a car without changing license plates, and how much it costs to re-register a car in this article.

Ways to re-register a car

Re-registration of a vehicle in the name of a relative without deregistration can be done in 2 ways, namely through:

registration of deed of gift;
concluding a purchase and sale contract.

After a citizen enters into a purchase and sale contract, his wife has the right to register the car in her name without deregistering it.

According to the new legislative rules, when re-registering a vehicle, the car owner is not obliged to participate in this process.

Ways to register a car without selling it

In addition to alienating the car, the latter can be re-registered in the name of a loved one also through:

conclusion of a deed of gift;
execution of a general power of attorney with the ability to dispose of a vehicle;
registration of inheritance.

A donation contract for a citizen will be cheaper. To complete the transaction in question, the car owner must have legal rights to the vehicle. It turns out that the donor must have:

ownership of a car;
a general power of attorney, which allows you to implement this transaction;
consent of the second spouse if the car is the joint property of the married couple.

If the vehicle is donated to certain persons based on a gift contract, they are exempt from paying tax. These citizens are:

spouses;
ancestors;
child;
parents' ancestors;
grandchildren;
brothers and sisters.

Please note that in 2019, to re-register a car you must pay:

800 rub. (if the PTS is new and the numbers are saved);
350 rub. (if the data has changed in the previously provided PTS);
2000 rubles if you do not meet the registration deadline (this must be done within 10 days).

If a deed of gift is being drawn up, there is no need to go to a notary to have the paper certified.

Transfer by general power of attorney

To issue a general power of attorney, you need to visit a notary, who will certify the document. A power of attorney grants the authorized person not only to use the car, but also to dispose of it.

The power of attorney leaves the citizen as the owner, but his family members acquire the right to drive a car and take actions to:

operating the machine at your own discretion;
vehicle repair;
car insurance;
alienation of a motor vehicle.

To register a car in the name of a close relative at the traffic police, a citizen must stock up on:

After registering the car in his name, the owner can take actions to:

Finding the car owner and alienating the car under a purchase and sale agreement. This transaction is easily carried out between close people.
Submitting an application to the tax service, indicating that he purchased the car through a gift. This is done if a citizen cannot find the owner of the vehicle. In this case, the applicant will be exempt from paying tax.

After the documents for the car have been reissued, you should change the data in the insurance document.

Registration through inheritance

If a citizen wants to transfer a car to a close relative in the event of his death, it would be better to draw up a testamentary act. In addition to the will, in the event of the death of the testator, the transfer of the car can be carried out by law.

To receive inherited property, the successor is obliged to go to a notary, providing the latter with an application. The form of the document in question can be downloaded on the Internet. In addition to this document, the heir must stock up on:

passport;
death certificate;
birth certificate, marriage certificate;
a will, if any;
papers for a vehicle.

Only the court confirms the fact that the successor has entered into the inheritance. After receiving the judicial act, the heir must provide it to the traffic police officer. Thus, he will be able to register ownership of the car.

Re-registration of a vehicle without changing numbers

The legislation establishes that registration plates in the event of re-registration of a vehicle are replaced by:

based on a statement from the new owner of the car, a sample of which looks like this;

if the previous numbers do not comply with legal provisions.

So, a vehicle can be re-registered in the name of a loved one without deregistration in 2 ways, namely through:

The legislation provides the opportunity for recipient relatives to be exempt from tax after receiving the subject of the gift contract (13%).

It should be noted that if the old registration numbers of the vehicle are in good condition, then the citizen has the right to write an application for re-registration of the car while maintaining the license plates.