How to restore a car purchase agreement

What to do and how to restore a car purchase and sale agreement

Every car owner may face such an unpleasant situation as the loss of valuable documents. The problem that has arisen needs to be solved, and in this case the question of what to do if the sales contract is lost will be considered. Is DCP necessary at all and can it be useful to the car owner in the future? Why worry about a lost document if you have a title, which already confirms the property rights to the car? Read below for answers to these questions, as well as how to restore a car purchase agreement if it is lost.

What is the value of a vehicle purchase and sale agreement?

The value of monetary policy follows from its definition given in Part 1 of Article 454 of the Civil Code of the Russian Federation:

Under a purchase and sale agreement, one party (seller) undertakes to transfer the property (goods) to the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.

Thus, the concluded agreement contains facts that are valuable for both parties to the transaction:

the transfer of ownership rights to the vehicle is confirmed;

the price of the car is fixed;

The date of the transaction is set.

These facts are used to solve the following questions:

1 In case of loss of the PTS (a document confirming the ownership of the vehicle), it can be restored with the presence of an agreement confirming the purchase of the car.

2 Since when buying/selling a car its owner changes, it is possible that some controversial situations may arise regarding the operation of the vehicle. These misunderstandings are sometimes resolved in court, and the DCT can serve as a powerful argument in resolving the dispute. Even to terminate the registration of a sold car with the traffic police, you must present a contract.

3 DCT is needed by the seller in order to receive tax deductions after the sale of the car when filing a declaration with the tax service.

Using an agreement to pay taxes

Why is the question of what to do with the tax authorities if you have lost a car purchase and sale agreement so important? And what is the relationship between the tax return and the monetary policy? The answer lies in clauses 1, 2, part 2, article 220 of the Tax Code of the Russian Federation:

A property tax deduction is provided in the amount of income received by the taxpayer during the tax period from the sale of other property (except for securities) that was owned by the taxpayer for less than three years, not exceeding a total of 250,000 rubles;
Instead of receiving a property tax deduction in accordance with subparagraph 1 of this paragraph, the taxpayer has the right to reduce the amount of his taxable income by the amount of expenses actually incurred by him and documented in connection with the acquisition of this property.

clause 1, 2, part 2, article 220 of the Tax Code of the Russian Federation

“Other property” means any property other than real estate. Based on Article 220, the seller can receive a tax deduction (the amount that will be deducted from the tax base) of up to 250,000 rubles. This is valid provided that before the sale of the vehicle, he owned it for less than 3 years. Thus, if the seller has the right to receive a tax deduction and the amount of the car sale is 250,000 rubles or less, then the taxpayer is exempt from paying taxes on the sale of the car.

What should those who have the opportunity to receive a tax deduction do, but the amount from the sale exceeded 250,000 rubles? The answer is contained in the same Article 220 of the Tax Code of the Russian Federation, according to which the taxpayer has the option of refusing the deduction, with the subsequent requirement to reduce the tax base by the amount he paid when purchasing the car. For example, a vehicle was purchased for 450,000 rubles and sold for 400,000 rubles. Agree that it is much better to deduct 450,000 rubles and reset the tax base than to deduct 250,000 rubles and remain in debt to the state!

And this is where the lost policy document would be useful for documenting expenses and the period of ownership of the vehicle. As mentioned above, the document indicates the amount that the taxpayer (at that time the buyer) paid for the car. Since the value of such a document is no longer in doubt, what follows is what to do if the car purchase and sale agreement is lost.

How to restore DCP

Is it possible to restore a contract after it has been lost? Yes!

1 You can request a copy of the agreement from the other party to the transaction. Since the DCT is held by both the seller and the buyer, you can contact the other party with a request to receive a copy of the agreement. The received copy must be certified by a notary. This is an easy solution to the problem, provided that you know where the person you need is located. If the transaction took place at a car dealership, then seek help there. Employees will make a certified copy without any problems. In this case, there is no need to contact a notary, since the seller confirms the accuracy of the copy.

2 Contact the traffic police for help. There is a third copy of the Policy Statement in the archives and information systems of the civil service. It is stored there for several years. If a verbal request for help does not help, write a written statement outlining the essence of your problem.

Based on the above, we can conclude that after completing a transaction for the purchase/sale of a vehicle, you must carefully protect the received DCT. Also save the contacts of the other party, since in this case you can restore the car purchase and sale agreement with significant savings of time, money and nerves! If you have a difficult situation, seek help from a legal consultant! His answers may help you find answers to seemingly insoluble questions!

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How to restore a purchase and sale agreement if it is lost?

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Sometimes vehicle owners are faced with a situation where they need to restore the purchase and sale agreement (SPA) of the car. Moreover, the reasons are very different for everyone - the document may be lost over time, or the car owner simply did not consider it necessary to store it. Sometimes the only copy is handed over to the traffic police when registering a car, or the text of the contract is unreadable.

What to do in such a situation, where to go and what documents you will need to collect, we will consider in this article.

Why restore the vehicle purchase and sale agreement?

The main document certifying ownership of a vehicle is the PTS . In this regard, many owners do not keep the sales contract after purchasing a car, considering such a document to be superfluous.

And, indeed, for many motorists, after registering a vehicle, a contract is not required for the entire period of operation. But without PrEP:

the car cannot be registered ;
there is no proof of the value of the car;
there is no documentary evidence of the transaction .

All this entails negative consequences. For example, if a car purchase and sale agreement is lost before registration with the traffic police, the new owner will not be registered. Traffic inspectors will issue a report to the driver for violating traffic rules at each stop. And if for the first time the amount of the penalty is from 500 to 800 rubles, a repeated violation leads to a fine of 5,000 rubles or deprivation of a driver’s license for a period of 1 to 3 months ( Part 1, 1.1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation ).

After 10 days after the transaction, the previous owner can deregister the car. If the new owner becomes a victim of fraud, the consequences may be more severe, including criminal liability and deprivation of transport.

The value of the car is important when paying taxes and in legal disputes. The vehicle seller needs to report to the tax service on the income received. In the absence of a purchase and sale agreement, it is difficult to provide information to fill out the declaration. The buyer may also need the value of the car for tax purposes. In some cases, the purchase price is taken into account as a tax deduction on a subsequent sale. Without confirmation of the amount, the tax office will not provide the benefit .

The cost of the car is not indicated in the PTS, so the DCT is actually the only source of confirmation (only the seller’s receipt of funds can also act in this capacity). In case of legal disputes regarding damage to property or disagreements with the former owner, without a purchase and sale agreement, it is difficult to justify the price of the vehicle.

We should not forget about different types of scams, for example, the sale of a mortgaged car, or a vehicle that is under arrest. The purchase and sale agreement is additional evidence of the terms of the transaction . It indicates all the data of the second party necessary to find the dishonest seller and file a lawsuit against him.

Ways to restore a car purchase and sale agreement

When a car purchase and sale agreement is lost, the owner needs to know how to restore the document. There are several legal ways :

obtain a copy from the other party to the transaction or from a car dealership;
request a contract from the traffic police;
draw up a new contract.

It is not always possible to use one or another option.

Obtaining a copy of the document from the counterparty or at the point of sale

To get a copy from the seller or buyer of the car, you need the details of the counterparty . It’s good if the car was purchased from a legal entity. As a rule, obtaining a copy from an authorized dealer or a regular company is not difficult. Documents are stored for at least 5 years and responsible persons can make a copy.

It is more difficult if the car was purchased from a stranger. The buyer often has no information about the seller. The information is in the traffic police database and if the employees understand the situation, they will be able to help. But not every counterparty keeps the contract. And if a document can be drawn up retroactively with a private person, this option will not work at a car dealership.

If these troubles were avoided and the document was received, in order for a copy of the agreement to be valid, it should be certified by a notary (a notarized document is not always needed). Also, a copy is considered valid if, when compiled, the seller marked “Copy is correct” on each page and confirmed it with a signature.

To file an income tax return, you can get by with a regular copy. The tax service receives all information about the transaction from the traffic police, so it is not necessary to attach the agreement. The document will be required if the declaration data does not match the available information. Vehicle registration is possible only with the original or a duly certified copy of the DCP .

Request for a car purchase and sale agreement to the traffic police

The result of a request to the traffic police MREO depends on the desire of the employees to meet the car owner halfway, which does not always happen. If a verbal request does not lead to the desired result, you should formalize the application - write it in duplicate and submit it through the office. The application must indicate that the applicant will pick up a copy of the purchase and sale agreement in person. The request is sent to the head of the traffic police or senior inspector.

You need to contact the department where the car was registered. Documents are stored in the MREO for at least three years; it is only important to convince employees to help. This option will not work if the DCP was lost before the vehicle was registered.

Drawing up a new contract

If the car purchase and sale agreement was lost before the car was registered, a new contract should be drawn up . Here we are talking about forging a sales contract, because forgery of documents is punishable by law. Therefore, the use of fake seals, signatures, and computer programs is not recommended. An examination will easily determine that the document is not real.

The car is first registered in the name of a close friend or relative, and then the reverse transaction is carried out. The owner of the car retains the right to dispose of the property, regardless of the presence or absence of its registration. He can sell or gift the vehicle to his parents or spouse. A new purchase and sale (donation) agreement is drawn up. The new owner registers the car with the MREO according to the drawn up agreement. After a short period of time, the car is transferred to the actual owner .

The procedure is completely legal . To complete the transaction, a vehicle purchase and sale agreement with the previous owner is not required; certifying entries in the vehicle title are sufficient. The composition of documents for registering vehicles is regulated by the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for registration of motor vehicles and trailers for them (approved by Order of the Ministry of Internal Affairs dated August 7, 2013 No. 605 ).

According to clause 15 of the Regulations, the list of documents for the provision of services includes:

application of the established form;
passport or other identification document;
power of attorney for a representative, if registration is carried out by a proxy;
PTS;
vehicle registration certificate;
car purchase and sale agreement;
registration plates.

You need to register a car in the name of a relative (friend) and back according to rules that are not subject to taxation. It should be taken into account that when determining the income received, tax inspectors are guided by market prices of cars, which are standardized by departmental instructions. Therefore, an undervalued car may attract the attention of the Federal Tax Service, and the seller will be forced to give explanations.

In some cases, additional tax may be charged. To avoid problems, you can draw up a gift deed. Gifts to family members and close relatives are not subject to income tax ( Clause 18.1, Article 217 of the Tax Code of the Russian Federation ). They are spouses, parents and children, including adoptive and adopted parents, grandparents and grandchildren, full and half brothers and sisters, that is, having a common father or mother ( Articles 2 and 14 of the RF IC ).

Conclusion

Storing legally important documentation saves a person from many problems. The restoration of a car purchase and sale agreement is facilitated by the presence of contacts with another party to the transaction. There is no need to circumvent the law by trying to forge a policy or other documents. There are legal ways to achieve your goals.

avtoexperts.ru

Let's imagine this situation: you purchased a car and completely accidentally lost the sales contract.

Of course, loss does not automatically entail the loss of property, but it does cause certain inconvenience. Moreover, in some cases, it is simply impossible to do without a contract. For example:

• When registering a purchased car.

• For re-registration or restoration of title.

• For reporting to the tax office.

• To resolve disputes in court.

Therefore, you should not mistakenly assume that the loss of PrEP is nothing serious. In some situations, you cannot do without the treasured “piece of paper”. But you shouldn’t be upset about the loss, because there are ways to restore contracts. Of course, no one will give you a hundred percent guarantee, but still such opportunities are provided for, including by law.

How to restore a car purchase and sale agreement? Several ways.

Once again, we insist that the loss of the DCT is not classified by law as a loss of rights to property. That is, you do not lose ownership, this is a misconception of many who are faced with such a problem . But, at the same time, it is important to start the recovery procedure as soon as possible, we will tell you why a little later. So, let’s look at each recovery path in detail:

1. You need to make a copy. This is the simplest option that awaits you. The first thing you need to remember is where one of the originals of the DCP may be located:

— from the second person specified in the DCP;

— a car dealership or second-hand shop where the transaction was carried out;

— MREO, where one of the copies is also submitted.

If no information or contacts have been preserved, the only option seems to be to contact the MREO or a car dealership. Of course, “breaking through” the contacts of a second person is not a problem, especially since the traffic police has all the information “at hand.” If the employees “go to the meeting” and help, then you can make a copy from the second original “obtained” from the contract partner. But, keep in mind, in rare cases it is possible to reach an agreement with the second party without delay, and often you have to pay a symbolic amount.

Keep in mind that a regular photocopy of the contract will not work; it must be certified by a notary. Accordingly, this can only be done by the person from whom the original document is taken . Therefore, it is rare that those who agree to do this for free have to pay extra for the hassle.

A car dealership or consignment shop is unlikely to agree to give away their version; you also have to make a certified copy through a notary. Although the law allows that it is enough for the car dealership to make a special note on each sheet of the contract - “Copy is correct” and, accordingly, a seal and signature. Then you don’t have to look for a notary for certification.

MREO also does not always have conscientious employees; they may well “send”. There were cases when they refused, although according to the law they did not have the right. But we won’t go into boring extracts of laws. As a rule, employees agree to find the required document in the archive, without additional paperwork.

But, as already mentioned, anything can happen, then the only option is to go through the official route, through the entire bureaucratic system. Then you need to submit an application addressed to the chief or senior inspector and submit it through the office. Don’t forget to indicate in your application that you will personally come for PrEP. Documents are stored for three years, although in practice this period is much longer. By the way, keep in mind that you need to contact the registration department where the car was registered.

And yes, the last option of contacting the MREO naturally will not work if the contract was lost before the car was registered in your name. In this case, the first two recommendations will help you or the following method.

2. We conclude a repeated purchase and sale agreement

If nothing went wrong with the copies, for example, the second party also did not have an agreement, the MREO was “sent”, the car dealership is the same, then there is an option to conclude a contract again. There will be nothing new or complicated in this case, a similar procedure.

But, another thing, when there is no second person indicated in the DCP and others, then the only possible (legal) way remains to register for yourself.

Remember, when concluding the DCT, data about the new owner is entered into the PTS; according to the law, you are already the owner. You can resell a car even if it has not yet been registered in your name with the MREO . You simply draw up another DCP with a trusted person, for example, son, daughter, wife, friend, and the like. Then the same person resells you the car. That is, you already have a real and legal purchase and sale agreement in your hands, with which you can go to the MREO for registration. Remember, to resell a car it is not necessary to present your version of the contract with the previous owner . By the way, instead of a DCT, you can draw up a gift agreement for relatives.

Conclusion

As we see, there are no situations without exits, even in such a complex issue. Everything can be resolved and, moreover, in a completely legal and lawful way, which is very important. We deliberately did not draw your attention to illegal methods, when using various special means a copy is made through Photoshop, for example, using fake seals and signatures. Indeed, in this case, the schemer faces real criminal proceedings if his fraud is revealed.

But why drag yourself into incomprehensible stories when the legislation gives such freedom in terms of solving such problems? For the future, make several certified copies from a notary, if you didn’t initially think of making a couple of original DCTs with the previous owner. Good luck.

The procedure for restoring a vehicle purchase and sale agreement

Car owners often believe that a purchase and sale agreement is required only for re-registration of the vehicle, and there is no subsequent need for the document. Therefore, paper is treated carelessly. It is not uncommon for a contract to be lost. However, the need for the document may arise again in the future. If the paper has been lost, it is important to figure out how to restore the car purchase and sale agreement.

Is it possible to restore a car purchase and sale agreement?

A car purchase and sale agreement (SPA) is a document certifying the transfer of ownership from one owner to another. The main condition of the agreement is that it is paid for. This means that the document records the amount for which the transfer of ownership of the car is carried out. The agreement cannot be free of charge. The parties agree on the value of the property before signing the contract. If the document does not indicate the price of the car, it will not be considered valid.

The DCP is drawn up in written form. Participants in the transaction must prepare 3 copies of the document. One of them is provided to each of the parties to the transaction. Another copy is sent to the traffic police. Each paper must be signed. There is no need for mandatory notarization of the agreement . However, if the parties wish to protect themselves from unforeseen circumstances, they can perform the action at their own request.

In practice, one of the parties may lose the contract. In this case, the car purchase and sale agreement can be restored. To do this, you will need to contact the traffic police or a notary if the paper was certified. The citizen will be provided with a copy of the agreement. It may be required when sending a declaration to the tax office if the seller needs to account for the income received.

Normative base

The purchase and sale of a car is considered a civil transaction. Therefore, registration is carried out in accordance with the norms of the Civil Code of the Russian Federation. The drafting of the agreement is regulated by Chapters 27 and 28 of the Civil Code of the Russian Federation. Here the definition of the concept is fixed, the issues of entering the price into the DCT are discussed, the mandatory provisions of the agreement are reflected, as well as existing forms. The process of terminating and changing the provisions of the transaction is reflected in Chapter 29. Chapter 30 of the Civil Code of the Russian Federation fixes the rules relating to the purchase and sale of a car. This reflects the responsibilities of the seller and the buyer, the period for transferring the goods, information about the quality of the guarantee, information about the expiration date, the need for insurance, as well as a number of additional points.

Why do you need a vehicle purchase and sale agreement?

The purchase and sale agreement is considered an additional document. There is an opinion that there is no need to preserve it. It is believed that it is only needed to complete the registration procedure with the traffic police. However, in the future, a citizen may be faced with the need to have a car purchase and sale agreement in the following cases:

In case of loss of PTS. A car purchase agreement is required to restore the document.
When conflict situations arise. Sometimes the seller and buyer may have misunderstandings. As a result, disagreements can lead to litigation. The presence of a purchase and sale agreement will be the main argument in favor of the current owner of the car.
Payment upon receipt of tax deductions. The document will need to be provided to the Federal Tax Service along with the declaration.

The greatest number of difficulties arise when trying to report to the tax authorities. Article 220 of the Tax Code of the Russian Federation states that a property deduction can be provided in the amount of income received by the taxpayer from the sale of property.

If a car is sold for less than 250 thousand rubles, the person is exempt from paying taxes. You can confirm the value of the car using a purchase and sale agreement. It provides documentary evidence of the amount of income received and the period of time during which the person owns the car. The contract specifies the amount that the buyer paid for the purchase of the car.

When should you worry if you lose your car purchase agreement?

If the purchase and sale agreement for a car is lost, this does not entail the loss of rights to the car. The person can restore the document. The law does not stipulate the need to indicate the timing of the transfer of ownership of a car. This means that the parties can enter into an agreement and carry out all registration steps later. The situation changes if state registration has already been carried out. In this case, one copy of the document remains with the traffic police. The owner has the right to contact the institution and receive a copy. The law does not establish penalties for the loss of DCP. Information is also entered into electronic databases. They also store data about PTS.

Recovery methods

If a citizen has lost a car purchase and sale agreement, he can obtain a copy from government agencies or draw up a new agreement. The law allows a person:

contact another party to the transaction;
write a statement to the car dealership if the purchase was made there;
contact the state traffic inspectorate in whose department the registration was carried out.

The last method at first glance seems to be the simplest. However, a citizen may encounter a number of difficulties. Initially, it is recommended to contact the other party to the transaction. However, the buyer may not know where he lives, or the seller may refuse to provide a copy.

Sometimes the person lives very far away. A car dealership can also be located in a remote area. The request can be sent by mail. The application must be supplemented with documents confirming your identity. Copies of documents must be certified by a notary. Actions will take time and incur additional costs. Contacting government agencies involves compliance with procedural formalities. The citizen is obliged to write an application addressed to the head of the traffic police and wait for a response. The contract is not provided on an urgent basis.

If you were unable to use the above methods for restoring the car purchase and sale agreement, you can renew the agreement. The procedure can be completed if the other party has also lost the documents and agrees to complete the document. Redrafting the agreement does not require all legal steps required by law.

Step-by-step instructions for restoring a car purchase and sale agreement

The list of actions that must be taken to restore the car purchase and sale agreement depends on the chosen restoration method. The general order is as follows:

The citizen will make sure that the contract is really lost. It is recommended that you carefully examine the areas where paper may be stored.
The person chooses the method of document recovery. Initially, it is recommended to contact the seller. This could be an individual or a car dealership. In the second situation, you will need to write a statement. It's better to meet the seller in person. If this is not possible, copies of the documents are sent by mail.
The citizen applies to the authorized bodies. The document is stored in the traffic police or with a notary if the agreement was certified.
The applicant waits for the application to be reviewed and a decision is made by the traffic police. If the verdict is positive, the person is provided with a copy of the agreement. If you refuse, you can try another method or renew the agreement.

How to restore a car purchase and sale agreement in the traffic police?

The original of the car purchase and sale agreement is kept in the traffic police. Official information is posted in the database. The fact that the car is owned can be confirmed by providing a title. With the document, you will need to visit the institution’s branch and ask for a copy of the agreement. If the action does not produce results, you will need to draw up an official appeal. To do this you need:

Submit an application. It is drawn up in the name of the head of the traffic police. The form of the document is not fixed by law. It is necessary to adhere to the basic rules of office work. The application must state the essence of the problem.
Send document.
Wait for an answer. It must be given in the manner prescribed by law.

Typically, the purchase and sale agreement is stored in the archive for no more than 3 years. The owner’s task is to convince a representative of the authorized body to study the archive.

How to restore a car purchase and sale agreement at a car dealership?

If the car was purchased through a car dealership, you will need to contact the organization. Previously concluded agreements are always stored there. After talking with company representatives, you can get a copy of the document. The citizen must be prepared to write an official statement.

Vehicle purchase and sale agreement upon payment of taxes

If a citizen sells a car, he is required to pay income tax. It is introduced in accordance with Article 208 of the Tax Code of the Russian Federation. Article 224 of the Tax Code of the Russian Federation states that the total rate is 13%. If a person is not included in the list of tax residents of the Russian Federation, the value of the indicator increases to 30%. Article 220 of the Tax Code of the Russian Federation provides a list of conditions under which a deduction can be obtained. The purchase and sale agreement is part of the documents that must be submitted when paying taxes. If paper is lost, it must be recovered. If this is not possible, the person notifies the Federal Tax Service of the loss of the document. In this case, the cost of the car is indicated from memory if there is no supporting paper.

How to restore a car purchase and sale agreement for the tax authorities?

If the document is required by the tax authorities, you can restore the car purchase and sale agreement in any convenient way. If you cannot make a copy of the document, you can try to renew the agreement. To do this, you need to contact the person with whom the transaction was previously concluded. The agreement is concluded again if the seller does not have his copy of the paper. If the transaction is concluded again, you will need to undergo secondary registration.

How to submit a declaration in case of loss of the vehicle registration document?

If a citizen sells a car that he owned for less than 3 years, he must file an income tax return. The action must be completed before April 30 of the year following the date of implementation. The rule is fixed in the tax code of the Russian Federation. In other situations, fines may be imposed on the person.

A car purchase and sale agreement will be required if the price of the car exceeds RUB 250,000. If the agreement was lost, you will need to write a statement. The action is carried out if the document could not be found. The declaration is filled out in form 3-NDFL. Submission can be made through the official website of the Federal Tax Service. The declaration must be submitted even if the car purchase and sale agreement could not be found or restored.

The price of the procedure for restoring a car purchase and sale contract directly depends on the method of carrying out the action. So, if you need to make a copy, you will have to pay for this service, and also provide a fee to the notary who will certify the paper. When renewing the contract, the procedure itself does not require financial costs.

The policy can be revoked based on its significant violation. In this situation, the buyer bears losses. He has the right to demand compensation from the seller. The rule is enshrined in Article 453 of the Civil Code of the Russian Federation. It is important to leave contact details of the second party to the transaction. They are required for the subsequent restoration of the car purchase and sale agreement if it is lost. This will save time and money. If you have problems implementing the action, it is recommended to contact a lawyer.

What to do if you have lost your car purchase agreement? How to recover?

After purchasing a car, the car owner must register it with the traffic police. To do this, you will need to collect documents, a list of which will be discussed in the review. In the usual case, it includes a title, a registration certificate, the owner’s passport and a purchase and sale agreement. But what if not all documents are available, or some of them are lost? Is it possible to get new documents in return without the old owner, and how, if the car has not yet been registered? Difficulties also arise from the requirement to register within 10 days.

Without what documents is it impossible to register a car?

There are only 2 such documents:

Passport of the new owner of the car.
Contract of sale.

If one of them is lost, the vehicle will not be registered. Next, we will consider in detail why this is impossible to do and how to recover lost papers. In addition, it is impossible to register a car if there is no notarized power of attorney from the new owner, if the application for registration is submitted by another person.

But the positive point is that if there are no other documents except the DCP, then you can register the car without any difficulties, and their loss will not hurt (these include STS and PTS).

The contract is the only paper that proves the fact of ownership that has passed from another owner. If the DCP is lost, the seller will not be able to take the car from you. You can find other data confirming the fact of sale or purchase, as well as the transfer of money in various ways.

But for the State Traffic Inspectorate, the main document for registering a car will be this document - the DCP, which confirms the transfer of ownership of the car. This is described in detail in Order 399 paragraph 17 regarding the Registration Rules. When buying a used car, only the contract will prove this fact. Therefore, if you lose it, the traffic police will probably refuse you, and according to the law they will be absolutely right.

The only way out if such a document is lost is to draw up a new contract. But it is recommended to fill out 3 copies of the agreement when making a transaction, of which:

The main one is for yourself.
The second is for registration actions at the traffic police MREO.
The third is a backup document, which will be useful if the first one is lost.

In addition, the second party to the transaction is also given a copy of the DCP.

Why do you need a contract?

To confirm your rights to own a car, it is enough to have a vehicle passport. The purchase and sale agreement acts as an additional document with legal force. It is important because it proves the transfer of ownership of the car to another owner.

The completed contract includes valuable information for the buyer and seller:

Proof of transfer of ownership of the car.
Setting the cost.
Indication of the date of purchase.

This data allows you to solve the following questions:

If you lose your PTS, you can get a new document if you have a DCP for the car.
When making a transaction with a car, its owner changes, so controversial issues regarding the operation of the car may occur. Sometimes such problems end up in litigation. The agreement will resolve many disputes. Also, it must be presented to terminate the registration of the sold car with the State Traffic Inspectorate.
The seller will need the agreement to obtain tax deductions after the sale and to fill out the declaration.

The role of monetary policy for taxes

It is important to solve the problem of how to pay taxes if the contract for the purchase of a car is lost, and what is the connection between the DCT and filling out the tax return. The Tax Code, in part of Article 220, establishes a property tax in the amount of income generated from the sale of a car. This condition applies if the owner has owned the car for less than 3 years, and the cost of the car was at least 250 thousand rubles. This does not include securities.

As a result, the seller can receive money, the amount of which will be deducted from the tax base up to 250,000 rubles . This means that if the money received for the car is less than this amount, then you will not need to pay tax . In such a situation, the tax office will require DCP. This document proves the amount and time of ownership of the car. It shows the buyer's costs. Since the importance of the document is obvious, you need to figure out what to do if the contract is lost, and what to do in this case.

How to restore DCP

The loss of this document, which confirms the purchase and sale of the car, does not mean deprivation of property rights. The main thing after this is to immediately begin to restore it. The law does not establish the time when a sale or purchase must be registered. It can be issued in paper form, but any legal actions with the purchased car will be possible only after proof of purchase.

Once a contract is lost, it can be easily restored. If the car is sold and the contract is lost, follow one of the options:

Contact the buyer and ask for a copy. The DCP must be available to the buyer and seller. The duplicate must be certified by a notary. This is the simplest solution to the issue. But you need to know where to find a buyer. If the purchase was made at a car dealership, you will be given a copy without questions asked.
Contact the traffic police MREO. The original contract is always there. In addition, official data is stored in the database and confirmed by the PTS, which is in the hands of the car owner. If verbal communication does not help you, act according to the law. Submit an application to the traffic police describing your problem, and then wait for a response.

The documents are stored in the traffic police for up to 3 years, but you need to convince employees to check the archives. You can also re-execute the purchase and sale agreement. This can be done if the other party agrees to provide assistance. But it's easier to make a copy, which is much faster.

How to fill out an income tax return if the policy document is lost

As stated in the Tax Code of Russia, when selling a vehicle that has been owned for up to 3 years, the seller must submit a declaration next year by April 30 . It must include income from the sale of the car, otherwise penalties will be imposed.

The tax office calculates the amount for payment using the data from this document. To complete the declaration, you will need the following documents:

The tax office does not oblige the seller to have a DCT, but it is needed to prove that the cost of the car is no more than 250 thousand rubles. Since this document is lost, you need to submit an application for this if you cannot find it. The application indicates the cost of the car. If there is no other evidence of cost, then you will be allowed to write the price from memory.

The declaration is submitted using Form 3-NDFL. On the tax service portal you can download a sample of its completion and the form in electronic form, and then print it on paper. The tax office's personal account is located here.

Filling procedure

After this, proceed in the following order:

Follow the link provided to your Personal Account.
Click on the link to Form 3-NDFL.
You will be shown a section for filling out the declaration form online. You will also be asked to download a program for this to your computer.
On the main page “Set conditions”, by default the data has already been entered. You must select the Tax Office branch number from the offered “Contacts”. You can also indicate the method of transferring the document - in person or with the help of a representative.
After this, go to the “Declarant Information” tab and enter the information from your passport.
Click on the image of the “house” at the top on the same page and enter your registration address. The OKTMO field will remain empty, which means the code of place of residence from the registry. The program does not contain such data, so you will have to look for information on the Internet.
Next, go to “Income received in the Russian Federation.” Check how the bet percentage is set - it should be equal to 13. Next, click on the green cross at the top.
A page will open where you need to mark the source of payment – “Car sales” and the OKTMO code.
Then you need to confirm the information provided. Without removing the “Car sales” selection, click on the green cross below.
A page will open where you need to enter data in the proposed columns.
The “income code” will probably be the same - “1520 Income... except for the Central Bank.”
In the “Amount of Income” field, the amount of the car sale is indicated, according to the DCT agreement.
Then go to the “Deduction Code” field and mark the desired option from the ones offered. For example, if the price of the car is above 250,000, then the code will be 903. In this situation, an agreement will be required.
In the “Deduction Amount” field, you must indicate an amount that is greater than 250,000 rubles, otherwise you will receive an error notification.
Note the month in which the vehicle was sold and income received.
After filling out all the data, click on the “Check” button, and then download the file so that the information can be changed.

After this, the completed declaration can be taken to the tax service and submitted for income reporting.

If you can’t find the DCT, then you still need to report on the income received, and the amount is indicated from memory. To do this, you need to submit a statement about the loss of the contract in advance. After selling the car, keep the contract, as it contains important information. The document will be required when filling out the declaration. If the car is sold and the contract is lost, then there are several recovery options. In many cases this can be done without any problems.