Can a minor own a car?

I want to register a car for a child and not pay tax

I heard from friends that if you buy property - an apartment, a plot of land, a car, a dacha - and register it in your child’s name, then the child may not pay taxes, since he does not and cannot have income. Taxes will accumulate and expire after the statute of limitations expires, and in fact, when the child turns 18, only the last three years will remain to be paid.

Is it so? What are the nuances? I can't believe this is possible.

I also know that if the owner of the property is a child, then all subsequent purchase and sale transactions until he turns 18 years old must go through the social protection and guardianship authorities. What about a car registered to a child?

And the third part of the question: they say that such a car does not and cannot receive fines from cameras, since according to the law this process cannot be initiated against a minor. And again I can’t believe it: is this so? What are the pitfalls and who and how can accumulated fines of this kind face?

You can register a car for a minor child. But for the purpose of tax evasion, doing this is completely pointless.

Indeed, it is impossible to prosecute a minor for non-payment of taxes, fees and administrative fines. But his legal representatives - parents or guardians - can be held accountable, because according to the law, they must pay the tax for this property.

The parent will still have to pay taxes

A child can be the owner of a car, an apartment, or any property in general. He can acquire all this as property as a result of inheritance, gift or sale transaction. He will only be able to drive a car at the age of 18. The child's parents can drive their own car. You will only need to carry a copy of your birth certificate with you.

The Tax Code states the following rule: legal representatives act on behalf of minors. If a child does not pay taxes, his legal representatives - parents or guardians - can be held accountable for non-payment.

So registering vehicles and real estate in the name of a minor specifically for the purpose of avoiding taxation is pointless. You will still receive a notice from the tax office.

Will you be able to save money on fines?

It will work out - but only if the violation is detected by a camera, and not by a live traffic police officer.

With video cameras, everything is different: it is impossible to determine exactly who is driving and the fine comes to the owner. But if the owner is under 16 years old, he cannot be held administratively liable and a fine cannot be collected from him.

Disadvantage of your scheme

There is a clear disadvantage to registering a car or apartment for a child: you will have to coordinate any actions with such property with the guardianship authorities.

Imagine: you registered a car for a two-year-old child. Surely you will want to sell it in the next 10-15 years? But you won’t be able to: there will be a ban on performing registration actions with a car before the child turns 18 years old. Theoretically, you will be able to deregister the car, but only after agreement with the guardianship and trusteeship authorities. We will have to convince them that the child’s rights will not be violated when the car is resold.

The same conditions apply to real estate.

If you want to sell a car or apartment registered to a child at a discount, the guardianship authorities may refuse altogether, since this may look like a violation of the child’s rights.

1. A child can be the owner of both a vehicle and real estate. The law does not prohibit this.
2. You won't be able to evade paying taxes: the child's legal representatives will have to pay.
3. It may be possible to avoid paying fines recorded by automated control systems.
4. When selling property owned by a child, permission from the guardianship and trusteeship authorities will be required. If you want to sell your car or apartment at a discount, they may refuse.

Registering a car for a minor child

From August 4, 2019, changes are being made, according to the Federal Law of August 3, 2018 No. 283-FZ “On state registration of vehicles in the Russian Federation and on amendments to certain legislative acts of the Russian Federation” a child under 16 years of age can no longer own a car .

1) owner of a vehicle - the owner of a vehicle (except for a person under the age of sixteen or recognized as incompetent), or a person who owns a vehicle with the right of economic management, with the right of operational management or on the basis of a leasing agreement, or one of the parents, an adoptive parent or guardian (trustee) of a person under the age of sixteen who is the owner of a vehicle, or a guardian of an incapacitated citizen who is the owner of a vehicle;

Article 4 of the Law “On Vehicle Registration”

Registering a car for a minor child is not a rare occurrence these days. The restriction to 16 years of age at which administrative responsibility of a citizen of the Russian Federation can begin (Article 2.3 of the Code of Administrative Offenses of the Russian Federation) motivates a certain number of our citizens to register their car in the name of a minor child. Upon closer examination of the issue, there are many more reasons for this than may seem at first glance.

Why register a car to a minor?

In accordance with the letter of the law, citizens of at least 18 years of age are allowed to drive vehicles of categories A, B, C in Russia (Clause 2, Article 26 of Law No. 196-FZ of December 10, 1995). From this same age they become adults and have legal capacity (Article 21 of the Civil Code of the Russian Federation). Why is it necessary to register a vehicle for a minor and incapacitated child if he cannot drive or dispose of a car that belongs to him?

There may be several reasons for this:

1 The constantly increasing number of video cameras in the country recording traffic violations with subsequent “chain letters” about fines. Modern automatic video recording technology consists of recognizing the license plates of a car that violates the rules, and fines are sent to its official (in our case, a minor) owner, who is not subject to administrative liability and ignores all sanctions.

2 The growing interest of the capital’s (this is at first) authorities in turning city streets into expensive paid parking lots, where the cars of defaulters are also recorded by video cameras to impose sanctions. The further fate of fines for unpaid parking sent to an incapacitated car owner is easily predictable.

3 Reluctance to see the car the subject of litigation, in the bankruptcy estate, seized by bailiffs in the presence of debts or unpaid loans. Children are not responsible for their fathers, especially minors.

4 Inconsistency between the price of a status car and the official salary of a “servant of the people”, especially in the case of the obligation to declare expensive property. As they say now: “The guys are smart, with brains, they earned convertibles themselves during the holidays.”

Procedure for registering a vehicle for a teenager

When deciding how to register a car for a teenager in 2019, you should refer to the Administrative Regulations approved by Order of the Ministry of Internal Affairs No. 605 dated August 7, 2013. Clause 15.2.1 of the document reads:

If the owner of the vehicle is a citizen of the Russian Federation who has not reached the age of 14, his birth certificate must be submitted

Order of the Ministry of Internal Affairs No. 605 of August 7, 2013. Clause 15.2.1

In accordance with Art. 28 of the Civil Code of the Russian Federation, transactions can be made on behalf of children under 14 years of age by their parents (guardians, adoptive parents). Art. 26 of the Civil Code of the Russian Federation determines the possibility of transactions by teenagers from 14 to 18 years old only with the written consent of their parents.

The procedure for registering a car for a minor owner is similar to the usual registration, with the addition of providing the child’s birth certificate and the participation of parents in the form of written consent to complete the transaction.

Registration of a car for a minor in 2019 is carried out by submitting the following package of documents to the registration division of the State Traffic Safety Inspectorate (MREO):

PTS and STS (if any), documents for numbered units (if available);

purchase and sale agreement (or other document on the basis of which ownership of the vehicle arose);

application for vehicle registration (not issued in all branches, but often it can be obtained completed on site for an additional fee);

written permission of a parent (guardian, adoptive parent) for the purchase of a car by a minor.

If you have any of the following documents, you must also provide them:

Documents for numbered units;

customs documents on the temporary import of vehicles for a period of more than six months (clause 15.4.1 of Order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605);

documents on the disposal of the vehicle (when restoring the registration of vehicles that were not actually recycled, but had already been deregistered) (clause 15.10 of the order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605);

resolution of the investigative body and documents that are the basis for identifying the vehicle (for example, an expert opinion), in the situation of returning the vehicle after theft (clause 15.11 of the order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605).

Please note that Order of the Ministry of Internal Affairs of Russia dated March 20, 2017 N 139 canceled:

The right of traffic police officers to demand the presentation of a compulsory motor liability insurance policy upon registration - it is received as part of an electronic exchange (clause 15.6 of the order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605 is excluded);

limiting the period of up to 10 days for obtaining the “TRANSIT” sign (clause 33 of Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001).

This does not mean that you may not have an issued MTPL policy, you just don’t need to provide it in paper form, traffic police officers will see it in the database.

It is useful to know that you can pre-register for the submission of documents for registration on the unified portal of state and municipal services, section “Registration of motor vehicles” https://www.gosuslugi.ru/10059/1. With this method of recording and paying state fees using the website, from January 1, 2017 to January 1, 2020, a 30 percent discount is established. Read more about registering a car through State Services in this article.

Consequences of registering a car for a child

The positive aspects of registering a vehicle for a child are discussed above. There are also negative consequences of such an action.

The guardian does not have the right, without the prior permission of the guardianship and trusteeship body, to carry out, and the trustee - to give consent to, transactions involving the alienation, including the exchange or donation of the ward's property, leasing it, for free use or as a pledge, transactions entailing renunciation of rights belonging to the ward, division of his property or allocation of shares from it, as well as any other actions entailing a decrease in the ward’s property

Clause 2 of Art. 37 Civil Code of the Russian Federation

This means that without the permission of the guardianship authority, the car cannot be sold, donated, or rented out. This body was created in order to fully protect the rights of the child, and will give such permission subject to the transfer of the proceeds to a special account of the minor. And only he himself will be able to use these funds from the account upon reaching adulthood. What inflation will turn them into during the years of waiting is not specified in the law.

If situations arise that require legal literacy, consultation with an experienced and competent lawyer will help you find the most optimal solution to the problem facing the client.

From 18 years old for categories A, B, C.

There are several reasons:

so that fines from video recording cameras are sent to the owner, who is not subject to administrative liability;

so that parking fines go to the incapacitated person;

reluctance to see the car the subject of legal disputes;

The discrepancy between the price of a status car and the official salary of a “servant of the people”, especially in the case of the obligation to declare expensive property.

from 14 to 18 years old, teenagers can carry out transactions only with the written consent of their parents; — up to 14 years of age, transactions are made by parents.

To the usual package of documents for vehicle registration you need to add:

child's birth certificate;

written permission of a parent (guardian, adoptive parent) for the purchase of a car by a minor.

The rest of the list of documents can be found by following the link.

Yes, I need it. But there is no need to present it to the inspector, since the traffic police officer learns about its presence from the electronic database.

You can if you use the State Services portal; in addition, when you submit an application online, you will receive a discount on state fees. duties of 30%.

The law says that without the permission of the guardianship authority, it will be impossible to sell, donate, or rent out a car.

The guardianship authority will give permission provided that the proceeds are transferred to a special account of the minor. And only he himself will be able to use these funds from the account upon reaching adulthood.

Is it possible to register a car to a minor?

Sometimes citizens of the Russian Federation have a situation when they need to register a car in the name of their children under 18 years of age. In this case, parents are released from administrative responsibility.

But in accordance with the Family Code, they represent the interests of their children.

First of all, you should know the legal side of the question of whether it is possible to register a car for a minor child.

Parents have the right to protect the interests of children without special powers. Therefore, they can drive a car without presenting a power of attorney for the right to use.

Position of the law

The car may be owned by a minor child. The most popular option for this is:

1. The vehicle or its share was inherited by the child.
2. Donating a car to relatives makes it possible to avoid some payments to the state treasury.
3. Purchasing a car and registering it for the child.

Any type of transaction can be used:

• gift agreement;
• certificate of inheritance;
• contract of sale.

It should be borne in mind that if a child inherits a car, then it can be abandoned only with the permission of the guardianship and trusteeship authorities.

Such permission is issued in cases where receiving an inheritance is unprofitable for the child. For example, when the inheritance consists of debts.

According to statistics, in most road traffic accidents, the owners of the cars involved are precisely persons under the age of majority. Despite this, parents continue to be interested in how to register a car for a minor child.

The legislative framework of the Russian Federation allows for the registration of movable and immovable property in the name of minor children. But the child himself cannot dispose of it until he reaches adulthood.

Until this moment comes, this is done by his parents or guardians. But they also cannot write out a power of attorney for themselves.

When stopped by a traffic police officer, the driver must present the following documents:

1. Child's birth certificate.
2. Certificate of registration of the car in his name.

In accordance with the Family Code of the Russian Federation, parents act as legal representatives of their children, therefore they can drive their child’s car without additional powers, including a power of attorney.

In 2019, the Civil Code of the Russian Federation provides that if a child reaches 14 years of age, he can enter into an agreement himself with the support of his parents. For persons under 14 years of age, parents enter into an agreement on behalf of the minor.

Thus, the contract for children under 14 years of age must indicate their parents as legal representatives. They must sign the document.

But the fact that a minor can buy a car with written support from his guardians does not give him the right to drive until he turns 18.

For those who are interested in whether it is possible to register a car for a minor child, the following information will be relevant: who has the right to do this:

• parents;
• close relatives who donated the car;
• guardians, trustees, adoptive parents.

Procedure for registering a car for a minor

Not everyone knows whether it is possible to register a car in the name of a minor . Registering a car that belongs to a child should not pose any special problems.

For this procedure, you will need not only to fill out an application form, but also to provide accompanying documentation, from which you will enter data about the owner of the vehicle, a technical passport and a registration certificate.

In order to register a car for a child over 14 years of age, parents or guardians must provide the following package of documents:

1. Child's birth certificate or passport.
2. Vehicle registration certificate.
3. Vehicle registration certificate.
4. Completed application form.
5. Written confirmation from parents or guardians.

It is with this list of documents that an individual must go through the registration procedure.

It should be borne in mind that it will be very difficult to sell a vehicle owned by a minor. To do this, you will need a certificate from the guardianship authorities in any case, even if the parents are alive.

The procedure for registering a car for a minor child is the same as in the case of purchasing a car under a sales contract.

The future owner of the vehicle must write an application to register the car and submit the appropriate package of documents. It will take some time to review.

This design has its own characteristics . The registration cards and account book contain information not only about the owner of the car, but also about the guarantors. Another difference is the note prohibiting deregistration.

This means that at the time of registration, traffic police officers prohibit a minor from deregistering the car in order to sell it.

Upon reaching the age of 18, the child receives full rights to own a vehicle . All restrictions on registration and deregistration are canceled.

An important point to consider is that registering a car for a fourteen-year-old child is only possible by visiting the registration authorities in person and going through the registration procedure.

Giving a car to a child under 18 years of age

A vehicle is classified as movable property . Any owner of a car disposes of it at his own discretion. He can sell it, rent it out or give it to a close relative, friend or acquaintance.

At the same time, the question often arises whether it is possible to give a car to a minor child . The vehicle donation agreement in this case has its own characteristics.

The form of a deed of gift for a car to a minor does not differ at all from other gift agreements. The document must indicate the details of the parties and the object of the donation itself - the car.

By law, parents or representatives cannot enter into transactions with minors . An exception is the transfer of property to a ward as a gift or for free use.

In such a transaction, the child will be the donee, but the legal representative of the minor will sign the document. A child can do this on his own only if he is 14 years old and with the consent of his parents.

If the car, the object of gift, is the joint property of both parents, then the consent of the second spouse to the transaction will be required.

In a situation where a child has only one parent who wants to give him a car, things are a little more complicated.

The parties to the agreement are the parent and the child, and the donor himself does not have the right to sign the document on behalf of the minor. One person cannot act on behalf of both parties to the contract at once.

In this case, you will have to contact the guardianship and trusteeship authorities at your place of residence. They will appoint an employee who will be authorized to sign a deed of gift on behalf of a child who has not reached the age of majority.

After signing the agreement, the usual registration procedure will follow, as with any deed of gift . The agreement itself does not need to be registered. All that is required is to re-register the car for the child.

This can be done at the registration authorities of the traffic police. After which the car becomes the property of a minor child, who will be able to sell or rent it only upon reaching 18 years of age.

How are fines paid?

If the owner of the car is a minor child, then the transport tax for it is paid by the parents or guardians.

They have the right to drive this car without a power of attorney. But the owner himself will be able to drive only after turning 18 years old.

There are many questions about whether a car is registered in the name of a minor and who receives fines. When the vehicle is registered to a child under 16 years of age, there is no need to pay fines.

Sometimes the case goes to court, but in fact, the owner is a person under 16 years of age, and administrative responsibility has not yet arisen. If cameras record a violation, paying fines can be avoided.

In accordance with the legislation of the Russian Federation, registering a car for a child under 18 years of age is not prohibited.

There are some distinctive features of this procedure. Traffic police officers impose restrictions on registration and deregistration; upon reaching adulthood, they are canceled.

The advantage of registering a car for a minor child under 16 years of age is that you will not have to pay fines, since administrative liability has not yet arisen.

Video: Deputies will ban registering cars to minors

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Is it possible to register a car for a child?

Many people prefer to register a vehicle in the name of a minor child for various reasons. This process has certain advantages and is only necessary in a few situations. This includes inheriting a car to a child, donating a car, and buying a car by the child himself.

Is it legal to register a car for a child?

In Art. 26 of the Civil Code states that a minor citizen whose age exceeds 14 years can independently act as a participant in any transaction, therefore contracts can be concluded, but only after receiving permission from the parents.

Cars are usually registered for children in several situations:

• the car becomes the property of a minor by inheritance;
• the car is bought and immediately registered in his name;
• the car is donated by relatives.

In Art. 28 of the Civil Code states that if a child has not yet turned 14, then all transactions are made for him by his parents.

How to transfer a car to a child

The transfer of the vehicle can only be carried out if the appropriate documents are drawn up:

• when making a gift, a gift agreement is formed;
• when a car is inherited, a property will certainly be formed;
• If the purchase of a car is registered in the name of a minor, then a purchase and sale agreement is drawn up.

If the child is under 14 years old, then all documents are signed by the parents. If he is over 14 years old, he can enter into contracts himself, but permission from his parents is first required.

How to sell a car to a minor

If a minor owns a car, its sale is permitted only with the permission of the guardianship authorities. This applies to both orphans and children from intact families.

The child's official representatives cannot, without this permission, sell or perform other actions with the car that lead to a change in ownership. This is indicated in Art. 28 and 37 Civil Code.

For example, the car went to the parents and the child in equal shares, so if it is sold, then 1/3 of the proceeds are credited to the child’s account. Parents cannot manage these funds.

If a minor owns a share in a car, then other co-owners can buy it, but even this transaction requires approval from the guardianship authorities. To determine the amount that needs to be transferred to his account, the value of the car is assessed.

How is a car registered to a child?

The process of registering a vehicle for a child at the traffic police is a simple step. Difficulties may arise if there are several owners. Registration with the traffic police is carried out for one person or company.

If the shares belong to several people, then when selling, each of them needs to transfer the required amount of money to the account.

For example, a car was inherited by a mother and child. It will not be possible to register a car for two people, since this will be refused by the traffic police department.

When conducting transactions with a car registered in the name of a child, you must obtain permission from the Guardianship Authorities.

There are two ways to solve the problem:

• the share of a minor is sold to the mother, for which she must transfer the required amount of money to his account;
• the mother gives her share to the child, so the car is completely registered in the name of the minor, but after the sale of the car, the entire amount will be transferred to the child’s account, so it will not be possible to use it to buy a new car or for other purposes.

The process of registering a car for a minor is carried out as standard:

• a compulsory motor liability insurance policy is issued, and this document certainly indicates that the owner is a child, but the driver will be another person who has a license;
• documents for the car are prepared and the state duty is paid;
• all documents are transferred to the traffic police department.

What are the advantages of registering a car for a minor?

Registering a car for minors has many significant disadvantages, but it is not without certain advantages.

These include the fact that if a child is not yet 16 years old, then administrative fines are not assessed against him, so he will not have to pay fines if violations are recorded by cameras.

Deputies want to ban registration of a car in the name of a child. Photo: cdn01.ru

Parents will be forced to pay transport tax in any case.

Also, if the driver gets into an accident in which he is the culprit, and in this case damage is caused to other people’s property or the health of citizens, then he will have to compensate for the damage caused.

In this case, parents must properly register the car, and also take into account the nuances of the fact that its owner is a minor.

Why are deputies against registering a car for a child? Watch the video:

Is it possible to profitably sell a car that belongs to a child?

Since the car belongs to a minor, there are difficulties with selling it.

To do this, you will have to obtain permission from the guardianship authorities, and the funds cannot be used for any purposes until the child turns 18 years old.

In any case, you will have to obtain permission from the guardianship authorities, and it is issued quite rarely, and also with different conditions.

Therefore, it is impossible to profitably sell a car that, according to documents, belongs to a child.

Conclusion

Thus, registering a car in the name of a child is possible through the preparation of various documents.

A car can be inherited, given or purchased by minors. Owning a vehicle has certain characteristics.

There are many disadvantages of such registration, so parents usually do not carry out this process.

If you are forced to register a car in the name of a child, then in the future there will be many difficulties and problems with its sale.

Registering a car for a minor or a person without a license

When a person is interested in the question of whether it is possible to register a car in the name of a minor child, he often tries to protect it from arrest for one or another debt. There are other motives for such behavior, but this happens very rarely.

If you are just buying a car, during the process of creating a purchase and sale agreement, a minor is indicated as the owner, and a note about the parents is made in the registration certificate. After registering a car for a child, it can be sold only with permission from a representative of the guardianship authorities.

Important nuances when re-registering a car for a child

Various situations arise in life, and many of them involve the transfer of the right to own movable and immovable property to a minor. It could be:

• birthday gift;
• investment in the future of your own child.

The age and year of birth of the recipient in this case does not matter. No document prohibits minors from owning a car.

The law does not prohibit registering a car in the name of a minor

How is the transaction processed?

Ownership can be obtained through a series of documented transactions. According to the Civil Code of Russia, these can be:

• purchase and sale agreement. All papers are completed with the involvement of parents and guardians;
• deed of gift This type of transaction involves the transfer of rights to a car to a person under 18 years of age through a gift. The child, as one of the parties to the contract, is considered the recipient;
• receiving an inheritance. This type of agreement is concluded in the process of transferring a set of obligations to a new owner. The owner is considered the testator, and the minor is the acquirer of the benefit.

Vehicle registration process

After signing the documents in any of the above cases, the minor is obliged to register the purchased or received car as a gift. Since you can’t do this yourself, you can’t do it without representatives.

Before going to the traffic police, you should make sure you have the following documents:

• applications for vehicle registration;
• birth certificate of a child or passport of a citizen of the Russian Federation;
• a document proving ownership of a movable object;
• written permission from parents;
• receipts for payment of state fees.

The owner of the vehicle must be present when completing the procedure, unless the car was received as an inheritance. If the car is registered for a child under 14 years of age, his guardians must also be present.

The law provides for the following:

• protection from fraudsters and possible theft;
• full protection of property rights;
• possibility of using the machine by representatives.

Is it possible to operate such a vehicle?

After registering a car, carers wonder: Can it be used? No. A minor himself does not have the right to drive a vehicle. The law stipulates that guardians or trustees can drive a car.

Any of the registration options requires a package of documents

Payment of taxes and fines

The Civil Code obliges car owners to pay taxes and fines. But they do not affect the acquisition of property rights in any way.

Representatives are obliged to pay taxes established by the Civil Code of the Russian Federation. But with fines everything is a little different. Since a person under the age of 18 is not allowed to drive a vehicle, the payment of fines passes to parents, guarantors or guardians, depending on who drives the car.

How to sell such a car?

To enter into an agreement related to the sale of a vehicle, you must obtain permission issued by the trusteeship authorities.

Before selling a car registered to a minor, you will need permission from the guardianship authorities

What if a person has no rights?

By the way, it is also possible to register a car without a license. All you need to do is collect a small package of documents:

• child's birth certificate;
• a paper that confirms the authority of the minor;
• written permission from parents;
• permission issued by the guardianship authorities in the absence of parents;
• registration certificate

If we talk about registering a car for a person who does not have a license, then there are no restrictions. It is important that the future owner of the car has citizen identification documents and registration.

Close relatives of the owner can use the vehicle; you must always have a technical passport with you. If you are planning a long trip, you can contact a notary to make a power of attorney for the car.

Now you know whether it is possible to register a car for a minor child, and how to do it correctly.