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

1. Methods of transferring a car to a relative
2. Procedure for re-registration
3. Required documents

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.

How to register a car in the name of a relative?

The car can be donated to another person free of charge.
The recipient can be not only a relative, but also any other person. In this case, both persons must be recognized as legally competent. If the car is issued under a gift, the agreement should not contain any conditions or section on payment. This transaction is gratuitous in nature, and if such conditions are present, it will be declared invalid. If the recipient is not a relative, you will have to pay an additional tax of 13% .

What is the best way to re-register a vehicle in the name of a wife or husband, daughter or son, father or mother?

There are several ways to transfer a car to a relative, each with its own characteristics.

Through buying and selling

Under a purchase and sale agreement, you can re-register a car in the name of a close relative without deregistration. If the car has been owned for more than three years, the state fee for re-registration is not charged, the license plates remain the same if they are not damaged (read about the procedure and cost of re-registering a car to a new owner without changing the plates here). The agreement form can be filled out without notarization, although it is preferable.

It should be noted in the contract:

1. Date and place of compilation.
2. Full name of the seller and buyer, passport details.
3. Vehicle data:
   PTS number;
4. VIN code;
5. chassis codes;
6. power unit;
7. frames
8. Sale amount (taxes are not paid if the vehicle was produced more than three years ago).
9. Transfer conditions.
10. Signatures.

The procedure itself is carried out as follows : the vehicle is inspected, a purchase and sale agreement is concluded in triplicate (two for participants and one for the traffic police), the keys are transferred to the new owner and money to the former owner, then the procedure for registering the car with the traffic police.

How to register a car without selling it?

You can carry out the procedure for re-registering a car in the name of a close relative without selling it in one of three popular ways.

Registration of deed of gift

You can conclude a gift agreement both with relatives and with strangers in accordance with Chapter. 32 of the Civil Code of the Russian Federation, a number of conditions must be met:

• the recipient must agree to complete the transaction;
• if the value of the gift is more than 3,000 rubles, the agreement must be drawn up in writing in accordance with clause 2 of Art. 574 of the Civil Code of the Russian Federation, and the cost of the car definitely exceeds the specified amount;
• the act of donation is confirmed by the symbolic transfer of keys or transfer of title documents;
• the car should not be secured;
• donating a car requires its re-registration at the State Traffic Safety Inspectorate in the name of the recipient.

The following information must be noted in the gift deed::

1. Full name, passport details, addresses of the donor and recipient.
2. Vehicle characteristics:
   brand;
3. model;
4. color;
5. license plate;
6. identification number (VIN);
7. year of issue;
8. engine number;
9. body number, etc.
10. Documents confirming the donor's right to the car (PTS).
11. Date of donation (currently or in the future).

Is it necessary to have papers certified by a notary?

If a gift transaction is concluded with a close relative, it is not necessary to have it certified by a notary, but it is preferable, since a notarized document will be convenient for further re-registration of documents.

What is the difference when drawing up an agreement between close family members and an agreement for a third party?

If the deed of gift is issued to a close relative, then the recipient does not have to pay personal income tax; if it is to a stranger, then he is obliged to pay a tax in the amount of 13% of the cost of the car.

Do I need to indicate the cost?

It is generally accepted that an agreement is concluded if it specifies the necessary conditions , such as the subject of the agreement. It is advisable to indicate the cost of the car in the document, but not necessary, since it is not an essential condition, and therefore may not be indicated in the contract if the gift is made to a close relative.

Reference! If the donee is a stranger, then the cost must be entered in the document, since income tax will be calculated from it.

In what cases is it prohibited?

In some cases, according to Art. 575 of the Civil Code of the Russian Federation, donation is prohibited :

• if it is carried out on behalf of minors or incapacitated persons;
• workers of education, healthcare and other social organizations on behalf of their students, patients, pupils and their relatives;
• officials holding state and municipal positions, civil servants, municipal employees in connection with the performance of their official duties;
• between legal entities.

General power of attorney

Re-registering a car in the name of relatives by drawing up a general power of attorney is often a convenient form of managing an existing vehicle by family members, as well as making transactions with them, including sale to a third party. In this case, the car remains the property of the owner, and he must pay taxes and fines, if any, are imposed by the road inspection.

The car owner has the right to revoke his power of attorney at any time, in which case the other party loses the rights to drive the vehicle and make transactions with it. A power of attorney is valid when it is certified by a notary or simply written by hand. However, in the latter case, careful filling is necessary so as not to miss important points.

You can buy a power of attorney form at a newsstand and fill it out. To register a transaction at a notary office, the car owner must provide :

• passport;
• PTS;
• vehicle registration certificate;
• personal data of the second party (possible in her absence).

The procedure is not free, it costs about 400 rubles. The document must include :

1. passport details of the principal and the person who is entrusted with driving the car;
2. its individual characteristics;
3. vehicle registration certificate;
4. permitted actions with the car are listed;
5. date of completion and preferably deadline (no restrictions).

Without specifying a period, the power of attorney is valid for a year. The signature of the principal is also required. After drawing up the power of attorney, you need to include the relative in the MTPL insurance policy. In the event of the death of the car owner, the power of attorney terminates.

Inheritance

You can inherit a car only after the death of the owner.
If there is a will, the car can become the property of both a relative and a stranger if his personal data were indicated in the will by the owner of the vehicle himself, who is in a capable state. According to the law, you can receive a vehicle in order of relative priority. First-degree relatives are spouses, children and parents . Currently, changes are taking place in the legislation that will help you no longer wait six months before entering into the right to inheritance, as was the case before.

To receive a car and register it in his name, the heir must submit an application to accept the inheritance within 6 months and obtain a certificate of title to it. After this, within 10 days you must begin the procedure for registering the car in your name.

Procedure for registering an inherited car:

1. Pass a technical inspection and receive a vehicle diagnostic card.
2. Get an MTPL policy in your name.
3. Contact the traffic police department or the State Services portal with the following documents, preferably with photocopies:
   application for re-registration of a vehicle;
4. civil passport of the Russian Federation;
5. MTPL insurance policy;
6. certificate of inheritance;
7. vehicle registration documents;
8. vehicle passport (PTS);
9. receipt of payment of state duty.

The vehicle itself is also presented to the traffic police.

If there are fines on the inherited car, and the payment period has exceeded 2 years, then they do not need to be paid. If the fines are payable due to the deadline, then you can pay them or try to wait to pay until the end of two years. But in the event of a trial, the new car owner may be recognized as a debtor .

Ways to re-register a car

To transfer a car to a relative, you can use the following methods:

Car donation agreement - sample, 2021 form

In most cases, ownership of the vehicle is transferred when it is sold. Although there are other options. For example, a gift agreement may be concluded between the parties, meaning that the car is transferred to the new owner free of charge. Practice shows that deeds of gift are used not only in situations where one relative gives his vehicle to another. Experienced car enthusiasts know that, unlike a sale transaction, it is a gift agreement that allows you to avoid large taxes. Therefore, recently, deeds of gift have been used as a convenient alternative to a purchase and sale transaction.

Normative base

At least two parties must take part in drawing up a gift agreement. It is also necessary to take into account that if the transaction is of a commercial nature, organizations cannot formalize this transaction. This procedure is only available if the transaction is of a domestic nature. In most cases, a gift agreement is drawn up between private individuals. The transaction can be made between relatives by blood or marriage. In addition, the recipient can be any person chosen by the owner of the vehicle. But in order to avoid fraudulent actions in such situations, all details of the contract must be specified in as much detail as possible.

It is also possible to make such a gift to a minor citizen. In this case, the rules for drawing up a document are no different from a regular contract. You also need to remember that if the recipient is not yet 14 years old, his legal guardians must give consent to accept such a gift. As we remember, at this age the child does not yet have the right to sign any documents.

If the gift is received by a relative whose relationship is documented, such a transaction is exempt from tax payments. In situations where an agreement is concluded between strangers, the transaction will be subject to tax. Its size is 13 percent of the estimated value of the car.

( Video : “How to properly draw up a Donation Agreement.”)

How to properly issue a deed of gift for a car in 2021

• Document's name;
• Date and city of its compilation;
• Information about the person who is the owner and donor;
• Details of the party receiving the gift;
• Full information about the object of the transaction;
• Indicate the address to which the car is being transferred;
• Signatures of the parties to the transaction.

The standard form has space for two signatures of the donee. He puts one when signing the contract. The second signature is placed next to the “Car received” mark. If necessary, you can enter additional information. For example, if there are any other items included with the car, these must also be indicated. This could be a navigator, a radio, a set of winter tires, etc. It would be useful to indicate exactly when the contract comes into force, for example, this will happen immediately after signing the document. You can also specify a specific date.

Design rules

Of course, you can give a car without drawing up a contract. But in practice, disagreements often arise between the parties. To avoid such troubles, it is still recommended to document this transaction.

The document must have three copies, each of which is signed by all parties to the transaction. Despite the fact that there are no strict requirements for design, generally accepted rules should still be followed. So, the document must have a header, body and conclusion. Those columns that are reserved for indicating information about participants must be filled out in as much detail as possible.

Re-registration of the car according to the new rules

In 2013, a new regulation of the Ministry of Internal Affairs came into force, according to which it is not necessary to deregister a car before re-registering it to a new owner.

In 2021, the following sequence of actions is performed:

1. It is necessary to collect documents for the car, MTPL policy, documents of the current and new owner. The full list is contained in paragraph 15 of Order No. 605 of the Ministry of Internal Affairs of Russia.
2. Then it is important to contact the registration department of the traffic police and submit documents.
3. Next, the traffic police inspector will conduct an inspection.
4. Then the state fee is paid and new documents are issued.

Note! According to the new rules, there is no need to even change numbers. There is no need to first deregister the vehicle. The new owner can come with documents and a car himself. All actions are completed within one day. After all necessary actions are completed, documents for the new owner are issued.

What documents will be needed?

To re-register under a gift agreement:

• 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).

To re-register a car under a general power of attorney:

1. original power of attorney;
2. PTS;
3. registration certificate;
4. documents on completed maintenance;
5. passports of both parties;
6. OSAGO insurance.

When receiving a car as an inheritance, the notary must provide:

• heir's passport;
• death certificate. To enter into the right of inheritance, you need to contact a notary within six months from the date of death of the car owner;
• birth and marriage certificates;
• a will, if one has been drawn up. If it is not there, then close relatives can legally claim the relative’s property;
• documents for the car.

After submitting the application, you will need to go to the traffic police department with a package of necessary documents.

An employee of the State Traffic Inspectorate will inspect the car, after which documents will be issued indicating the new owner.

Registration through the government services website

To register a relative’s car, you can use the official government services portal. But to do this, you first need to make an appointment with the traffic police. You need to go to your personal account and select the “Registration of a vehicle with the traffic police” section. Here you enter personal data, place of actual registration and information about the car. Next, indicate the date and time of the traffic police visit. After submitting the application, you can go to the selected traffic police department to complete the registration.

Thus, to re-register a car in the name of a relative, you can use several methods, from a donation agreement to registration of a sale and purchase. In all cases, it is important to prepare the documents correctly, and when transferring property, the new owner is required to register at any traffic police department.

Stages of re-registration in the traffic police

The steps to re-register a car in the State Traffic Safety Inspectorate for relatives are not complicated; how to do this step by step is written in detail in the paragraph on the transfer of the sales document. The second owner can come to the inspection in person or to register the car and pay the fee online with a 30% discount on the State Services website. But then the applicant will need to come to the traffic police again with a payment receipt. After receiving all the documents, the inspector checks the car with the data provided and transfers the property to a relative with documents.