Selling a car by inheritance without registering it in your name

Issues discussed in the material:

• What are the nuances of registering a car by inheritance with and without a will?
• Does the heir have the right to use the car before it is registered as ownership?
• What is the procedure for registering an inheritance for a car after the death of the owner?
• In what cases is it better to refuse a car that is inherited?

Anyone who has ever formalized ownership of an inherited car and registered it with the State Traffic Safety Inspectorate knows what nuances one will have to deal with. But there have been changes in the norms of legislation, in the very procedure of state registration of vehicles in the traffic police. You will learn how to inherit a car today in our article.

Driving a car by proxy

After the death of the owner of the car who issued the power of attorney to drive the vehicle, this document loses its validity.
If there is only one heir and he will subsequently, after receiving a certificate of inheritance, sell the equipment to third parties, then there will not be any particular problem, although formally he has no right to drive this car. It's another matter if there are several heirs. It is quite understandable that they will worry about the safety of the vehicle that one of them drives, illegally at that (when the power of attorney expires, driving the car is considered illegal), because the car is planned to be sold. All heirs can agree among themselves that none of them will touch the car.

How to register a car by inheritance if there are several heirs

The peculiarity of a vehicle as an inheritance is that it cannot be divided into parts - accordingly, the car can be transferred for use only to one of the heirs. If there are several claimants to the property of the deceased, then the main one is obliged to pay compensation to the others in accordance with their shares and on the basis of a conditional agreement. The owner of a car is determined based on a number of rules:

• A car purchased during marriage is inherited by the spouse of the deceased.
• If the spouses are divorced, then neither of them has the right to apply for a vehicle, since they are not a relative of the deceased.
• If the heir is a person under 18 years of age, the car will be transferred to his parents until he reaches adulthood.
• If the testator has disabled parents, a spouse or children who have not reached the age of majority, then the heir under the will must pay them compensation, the amount of which is half the cost of the vehicle.
• Along with the car, the obligations to pay the testator's debts and fines pass to the heir.

If the heirs cannot agree among themselves peacefully, issues of car inheritance are resolved in court.

Several heirs

When there is only one heir and new owner, it is enough to conclude a purchase and sale agreement, receive the money and hand over the keys. But when there are several owners, and each owns a small part of the car, there are several options:

• One of the owners buys the remaining parts, becoming the full-fledged sole owner, and after that sells the car.
• All heirs transfer their rights to parts of the car to one person. A car is bought and sold, and the proceeds from the transaction are distributed among everyone.
• The purchase and sale agreement is concluded between the buyer and all owners with the appropriate set of signatures. In such a situation, the cost of the car is also divided among everyone, in accordance with the ownership shares.

Formally, even if one of the heirs does not want to sell their share, the rest can do so, but finding a buyer for, say, a third of the car is almost impossible. In such a situation, the problem can only be resolved through the courts.

Minor heir

If the vehicle is inherited by a minor, the parents or guardians will take care of the registration. The details of this question may vary depending on the age of the child. If he is very young and does not understand what is happening, then the parents/guardians will make the decision on their own. If the child is old enough to have his own opinion, he may demand that its conditions be followed.

Example: A minor heir may refuse to sell his part of the car because he wants to drive it himself as soon as he grows up. The task of the guardians/parents in this case is to convince him why this is impossible or not profitable. For example, point out the fact that during the time it grows, everything can change a lot, and the car can become unusable. So it would be more profitable to sell it now, save the proceeds and when the child becomes an adult, add more money and buy another car.

How are cars inherited after the owner's death?

Cars are inherited in the same way as other types of property, which include real estate or other valuables.
To accept such property, standard actions are implemented and normal requirements are taken into account. There are two situations in which a car can be inherited by a new owner.

These include:

• a deceased person has a will certified by a notary, which indicates who becomes the recipient of one or another of his property;
• There is no will, so the order of heirs is formed from all relatives of the deceased citizen.

Important! Immediately after the death of a citizen, the notary opens the inheritance, after which only six months are given for all heirs to present their rights to the property.

The persons specified in the will and first-degree relatives have the right to sell a car that has been inherited. According to the law, these are the following persons:

• spouse;
• children of the deceased;
• parents.

The listed relatives have the right to a share in the inheritance, and also have the right to resell it by conditional agreement among themselves.

For reference, there are nuances of property inheritance that affect who gets, for example, a car:

• if the car was purchased during marriage, and the death of the owner occurred after a divorce, then the spouse does not have rights to inheritance;
• if the only heir is a minor child, then the vehicle becomes the property of his parents or guardians (until he reaches his 18th birthday);
• if the transfer of property is carried out according to a will, then half of the due share may be allocated to disabled parents, spouse and children;
• if there are no close relatives or they do not want to accept the inheritance, then other relatives will claim it according to their turn, which is specified in Articles 1143-1145 of the Civil Code;
• if the heir registers the property in his own name, and the car was purchased on credit, then he undertakes to pay all debts on the car.

Is it possible to dispose of the car I inherited?

The right to dispose of property, including the right to sell it, belongs to the owner. Accordingly, the heir will have the opportunity to sell the car after he performs certain actions.

The law provides for a six-month period for entering into an inheritance (Article 1154 of the Civil Code of the Russian Federation), which is calculated from the date of death of the testator. During the specified time, each of the legal successors applying for the property has the right to submit a corresponding application to the notary.

First of all, you need to issue a certificate of inheritance. Such a certificate allows the heir to register ownership of the car. After receiving a document confirming ownership of the car and entering data about the new owner into the technical passport of the vehicle, the heir can dispose of it in full, including selling it.

If, in accordance with the law or the will, the vehicle passed to several heirs, then they need to come to an agreement regarding the sale of the inherited property. An heir who wants to sell a car must first offer other heirs to buy out their share. If the remaining legal successors refuse to repurchase, the car may be sold to third parties.

In practice, it is difficult to find a buyer who wants to purchase part of the car, therefore, the heirs will have to negotiate among themselves.

The vehicle can be sold only after all legal successors have formalized the inheritance right to the property.

It should be borne in mind that only one owner of the car can be indicated in the passport of the technical device; accordingly, the car can be registered in the name of one of the legal successors, who will use it after the death of the testator. However, in order to sell the vehicle, he will need to obtain the consent of the remaining heirs.

Registration of a car by inheritance with and without a will

The law provides two options for receiving inherited property after the death of a citizen:

• in the first case, we are talking about inheritance by will, i.e., the testator worries in advance about transferring his property to the heirs;
• in the absence of the will of the deceased, the property is inherited by law.

Since the vehicle belongs to the property of the deceased, it is inherited in one of the above ways. It is important not to forget that for this it is necessary to follow a certain order and procedure, within the deadline established by law.

If there is no will, then all relatives of the deceased have the right to inherit in accordance with the order and degree of relationship. The priority right to receive all of the testator's property, including vehicles, belongs to the first priority heirs - spouses, children and parents.

The right of inheritance passes to the heirs of the second and subsequent orders in the absence of heirs of the previous orders, as well as in the event that these people are excluded from inheritance or renounce it voluntarily.

The second line of heirs is represented by full and half-blood brothers and sisters, grandparents, as well as nephews of the deceased.

The third line is represented by aunts, uncles, cousins.

The fourth includes great-grandparents.

Fifthly, the right of inheritance belongs to cousins' grandchildren (children of their own nephews), great-aunts and grandfathers (siblings of grandparents).

The sixth line is represented by great-great-grandchildren (children of first cousins), first cousins ​​(children of first cousins), and great aunts and uncles (children of great-uncles and grandmothers).

Seventhly, stepsons, stepdaughters, stepfather, stepmother can claim the inheritance.

How long after the death of the testator is this possible?

You can sell a car after obtaining a certificate of inheritance , a certificate of ownership of the vehicle and entering information about the owner into the title. In this case, the car is the property of the heir and there are no restrictions on the disposal of the property. The legislator allows 6 months for the acceptance of inherited property.

At the same time, it is possible to sell an inherited car without the successor registering ownership of it. In this case, it is necessary to sell the car within ten days from the receipt of the inheritance documents. During the same period, the car must be re-registered to the new owner.

Violation of the deadline for selling a car will entail administrative liability in the form of a fine (Article 19.22 of the Code of Administrative Offenses of the Russian Federation).

In what cases should you give up a car that is being inherited?

In the absence of heirs, their refusal to inherit, or their recognition as unworthy, the property shall be transferred to the disposal of the state. If the six-month period established for accepting the inheritance was missed by the heir for a good reason, then to restore it, you should go to court.

If the deceased has debts that exceed the value of the inherited property, it is more advisable to renounce the right of inheritance. It should be borne in mind that it is impossible to refuse part of the property by accepting another part of it. In this case, the heir must completely renounce his share in the inherited property.

When a person receives an inheritance, the debts of the testator are also transferred to his share of the property. In some cases, this may be disadvantageous for relatives. Even if the property of the deceased is actually accepted, the heir may refuse to accept the inheritance within 6 months. After formally renouncing your rights to inherited property, it is impossible to return these rights in the future.

Specifics of car inheritance

In order to inherit a car, the receiver will need to perform a number of established actions (Section 5 of the Civil Code of the Russian Federation). The first step is to declare your desire to accept and open the inheritance.

It can be done:

1. By contacting a notary, where a written statement of intent is submitted.
2. Actual acceptance is to perform actions established by law that indicate intention.
3. Judicial procedure - to achieve your rights by applying to a judicial authority.

The next significant point in the inheritance process is timing. The opening of the inheritance is carried out on the day of death of the testator, which is confirmed by the relevant document.

After this, the successor has 6 months to declare his right and formalize the inheritance (Civil Code of the Russian Federation, Art. 1154). An extension of the period is possible provided that the legal heir has a compelling reason for the delay, which is regulated by the Civil Code of the Russian Federation (Article 1155).

Documents for inheriting a vehicle

To obtain a certificate of right to inherited property, the heir must submit to the notary's office copies and originals of documents that are required in the prescribed manner.

The list of documents is as follows:

1. Statement of intent.
2. Passport of a citizen of the Russian Federation or other document confirming identity.
3. PTS for the declared car.
4. Vehicle registration certificate.
5. Certificate from the traffic police about ownership.
6. An act confirming the assessment of the value of the car.

It is also important to have confirmation in the form of a check for payment of the state fee, without which the heir’s application will not be considered.

The state duty is set depending on several factors - the degree of relationship and the cost of the vehicle. The percentage is established in accordance with the norms of the Tax Code of the Russian Federation (Article 333.24, paragraph 1).

Conducting a vehicle assessment

The fulfillment of this condition is required to determine the percentage of state duty.

In addition, an assessment certificate is required when submitting a package of the above documents when contacting an authorized person. Establishment of value is carried out at the time of death of the testator.

To fulfill this condition, you need to be guided by Federal Law No. 135 of July 29, 1998 “On Valuation Activities,” which specifies the requirements for performing the assessment of motor vehicles. It is carried out by authorized persons - an appraiser or a forensic body.

The heir will need to do the following:

1. Sign an agreement on the assessment with the relevant authority (Federal Law No. 135, Article 9).
2. Provide the expert with the documents and data required for the assessment, including information about the latest repair work.

The deadlines for the procedure are announced by the organization with which the contract was signed. Based on the results of the inspection, the applicant will receive a report; it must comply with the requirements stated in Federal Law No. 135, Article 11.

The successor’s task is also to check the main documents of the organization that carries out the car assessment procedure.

This will be required to ensure competence. Otherwise, if the notary discovers a discrepancy, he has the right to invalidate the assessment act.

Re-registration of vehicles with the traffic police

The next step when registering an inherited car is to contact the traffic police. This is a mandatory condition, since the heir is obliged to re-register the car in his name.

Within 10 days you need to complete the specified procedure, after you have a certificate from a notary in your hands. The implementation procedure is regulated in accordance with Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 dated November 24, 2008.

Re-registration requires the provision of the following documents to the vehicle registration authority:

• application from the new owner of the car;
• passport of a citizen of the Russian Federation or other identification document provided for by law;
• car passport;
• certificate of right to inherit the vehicle (certificate issued by a notary);
• insurance documents;
• receipt for payment of state duty.

Depending on the type of registration actions, the amount of the state duty changes, which the heir undertakes to pay when re-registering the car.

According to the Tax Code of the Russian Federation, it is provided:

1. Provided that the vehicle numbers have not been preserved, registration and issuance of signs is carried out - 2000 rubles.
2. Issuance of a vehicle passport (in case of loss) – 800 rubles.
3. Certificate of registration – 500 rubles.
4. Temporary registration – 350 rubles.
5. Changing PTS data – 350 rubles.
6. Obtaining Transit numbers. The size depends on the material from which the numbers are made, ranging from 200–1600 rubles.

If the heir does not want to spend money on this, you can consider sale options. To do this, you need to study the legal side of the issue. In addition, it would not hurt to consult with a lawyer who will explain how to sell a car after inheriting.

Re-registration can be carried out only for one person, regardless of the number of heirs who claim the share. Thus, the shared heirs must determine in advance to whom the vehicle will be registered.

Car valuation procedure for inheritance registration

When registering an inheritance for a car after the death of the owner of the vehicle, it is necessary to pay a state fee for obtaining a certificate of inheritance, which is calculated on the basis of an assessment of the value of the inherited property. You cannot do without an appraisal if the property is divided by several heirs. The appraisal report must be taken into account by the notary.

The independent expert’s report must contain data on the market value of a vehicle of this brand. The document must contain the data of the expert (expert organization), information about compulsory car insurance, etc. If the notary has doubts about the assessment, he has the right to challenge it. In case of disputes between heirs, they can turn to experts independently of each other. The notary proceeds from the minimum established value of the property.

In order to evaluate the car, you can contact any company engaged in such work. There are quite a lot of such companies currently.

When contacting such an organization for further registration of a car by inheritance, pay attention to whether it has the necessary certificates that allow it to perform this type of work. The heirs themselves must provide the appraiser with:

• identification document;
• a copy of the death certificate of the owner of the car;
• a copy of the vehicle registration card;
• copy of PTS;
• a copy of road accident certificates (if available);
• data on previously performed repairs and replacement of spare parts.

After the assessment agreement is concluded, the expert sets a time and date for inspecting the car. During the inspection, the vehicle is inspected, recording existing damage and defects, including hidden ones. The mileage is determined and the wear and tear of the car is assessed as a percentage.

Registration of a car by inheritance without a preliminary assessment is impossible, since a notary without this document has no right to issue a certificate. The assessment is carried out in the personal presence of the applicant for the inheritance; the assessment act must contain his signature - as well as the signature of the expert. In addition, the heir is given the right to make comments related to the examination performed.

A number of appraisal organizations do not inspect cars in detail. To perform an assessment, use one of the methods - income, cost or comparative. The expert's report contains an opinion in accordance with the assessment methods used. The document must also indicate the market value of the vehicle, which depends on:

• year of manufacture of the car;
• mileage information;
• body condition;
• engine functioning;
• availability of additional equipment (alarm system, car recorder, navigator);
• relevance of the car make and model;
• loss of market value;
• the average cost of such a car.

The assessment report is supplemented by photographs of the car and a list of regulations and benefits used in the assessment process. The written document is certified by the signature of the expert and the seal of the organization.

A certified copy of the appraisal report will not hurt the applicant for the inheritance. The documents provided for the evaluation of the car, copies of expert certificates, the conclusion and the report are sealed into a single package of documents. To determine the value of the vehicle, without which it is impossible to register the car as an inheritance, it takes no more than 3 days from the date of contacting the appraisal company.

When an heir has the right to sell a car without registering it in his name

Initially, the successor must obtain a certificate of inheritance. It is the basis for registering property rights.

The document is issued to the heirs 6 months after the death of the testator. A notarial certificate is a document of title. It explains how a citizen acquired ownership of a car.

However, the vehicle is included in the list of objects that are subject to state registration. Therefore, the heir is obliged to register the car with the traffic police within 10 days

If a citizen does not want to use the vehicle personally and wants to sell it, then he can conclude a deal without re-registration with the State Traffic Inspectorate.

The right to alienate a car is valid for only 10 days . How much time is given to submit documents to the traffic police?

Of course, a citizen may not register a car with the traffic police if he does not actually use it. However, to sell, you will need to pay a fine for late registration from 1500 to 2000 rubles.

How to sell the received car?

Before you start selling a car that was inherited by will, you must enter into the right of inheritance and obtain a special certificate that will confirm it. The right to inherit property is regulated at the legislative level and is reflected in the Civil Code of the Russian Federation, in articles 1141-1151.

After registration of ownership, you can sell the car. This may be a sale by prior agreement, or a sale of a share of the inheritance (if the vehicle is the share of the heir). It is important that the right to purchase the share is initially exercised, and then the sale of the car.

The following details must be clarified before selling:

• the number of heirs to the car - this is necessary to resolve the share issue;
• sale of a share - is carried out with the heirs themselves, rarely is anyone ready to buy half of the car or part of it;
• paperwork, especially regarding obtaining consent to purchase and sale from all heirs.

It is important to take into account the timing of entering into inheritance - by law it is six months to start selling.

Re-registration of the received car to a new owner

The re-registration of the car to the new owner is carried out by the traffic police, which must be contacted within 10 days from the date of conclusion of the transaction. If the heir does not intend to use the vehicle, and a buyer for it has already been found, then it is possible to re-register the car in the name of the buyer without first registering ownership by the heir.

The following package of documents will need to be provided to the traffic police:

• car purchase and sale agreement concluded between the legal successor and the buyer;
• buyer's civil passport;
• PTS;
• car registration certificate;
• a document confirming the right to inheritance;
• receipt of payment of state duty;
• vehicle diagnostic card;
• OSAGO policy.

The car must be re-registered within no more than 10 days from the date of receipt of the certificate of inheritance.

How to register a car with two heirs.

«

Quote: If a vehicle is inherited, it is important to know the intricacies of registering it in your name. Difficulties often arise in re-registration, deregistration or sale. We will touch on all possible nuances and illustrate with examples important points when a car was inherited.

Is it possible for an heir to use a car before it is registered as his own?

Currently, powers of attorney to drive a vehicle are not issued. Whoever received the documents for the car and the car itself has the right to operate it. These actions replace a written power of attorney.

If the testator, during his lifetime, transferred documents and a car into someone else’s hands, from the day of his death the use of such a car becomes illegal. The car must be included in the estate.

And until the heirs and their rights to the inherited property are clear, unauthorized persons (not applicants for the inheritance) must transfer the car to the heirs or a notary.

As practice shows, the heirs continue to use the car. If there are no other claimants to the property, there are no problems. Moreover, before issuing a certificate of inheritance, a notary can issue a certificate of actual acceptance of the inheritance. That is, the car will be in the hands of the heir legally.

Even if the 6-month deadline for entering into inheritance is missed, the court may establish the right to own the car. This basis is called actual entry into inheritance. In this case, it will be taken into account that the actual owner spent his own money on maintaining the vehicle, maintained it and protected it from third parties.

If other claimants to the property appear who object to the ownership of the car by one of the heirs, the situation will be resolved in court (see also who has a mandatory share in the inheritance).

We formalize the entry into inheritance

The first step to turning the vehicle into your property is to register an inheritance:

Entry into inheritance by law (without a will). This occurs according to the general rules provided for any other property. It is enough to be a relative of the testator. You can contact a notary at the place of residence of the deceased, expressing in writing your desire to accept everything that is due to you.

Entry into inheritance under a will. In the case where a will has been drawn up for a car. But just a will is not enough; the heir is also required to obtain a certificate from a notary.

Documents for a notary

After providing all the documents, the notary, six months after the death of the testator-owner of the car, will issue you a certificate of title to the car left to you. But first, to enter into an inheritance, the notary will require the following documents:

Death certificate of a person. The date of death indicated in this document is the date of opening of the inheritance (from this moment all powers of attorney, oral agreements, etc. of the deceased cease to be valid);

Certificate of registration of the vehicle with the State Traffic Safety Inspectorate and PTS. These documents will confirm that the car being inherited belongs to the deceased;

Confirmation of relationship (marriage) between the deceased and the applicant for the car. Most often this is a birth certificate, a record of children, a passport, an act establishing guardianship, etc. Other documents may also be needed. For example, a daughter-heiress changed her last name after marriage. When entering into an inheritance, according to the law, she must additionally submit a marriage certificate to the notary in order to subsequently receive the car of her deceased father;

A certificate of the value of the car that will be inherited. To obtain such a certificate, you need to order a car valuation (for inheritance). The notary needs to know about the cost of the vehicle, since the state duty will be determined from this amount;

Information about the place of residence of the deceased (to ensure compliance with the territorial principle);

Receipt for payment of state duty.

How can a minor inherit an inheritance of a vehicle?

There are cases when the heir is a child. In this case, his parents (guardians, trustees) will formalize the right to the share due to the child.

How much should you pay and how to save

Before entering into an inheritance, you must pay the state fee for the notary. It is determined from the assessment of transport. The car is valued on the date of death of the testator. If this is ignored, the notary will refuse to issue a certificate of title to the property left to you. In order for your future car to be assessed according to all the rules, you should contact a professional appraiser who is a member of the SRO (association of appraisers).

Calculation of state duty

if you are a first-degree heir (son, daughter, spouse, brother, sister), then pay the notary 0.3% of the value of the inheritance, but not more than 100,000 rubles.

In other cases, the state duty for notary services is 0.6%, but not more than a million rubles.

Example: A son inherited a car after his father’s death (first line of inheritance). According to the appraiser's report, the value of the car on the day when the father died was 400,000 rubles. Consequently, the son must pay notary services in the amount of 1,200 rubles.

In some cases, provided for in Article 333.38 of the Tax Code of the Russian Federation, heirs may be exempt from paying the notary state fee. For example, minors.

In addition, the notary charges a fee for legal and technical services. For 1 car the tariff ranges from 2000 to 3000 rubles. depending on the region of the Russian Federation. This tariff is legal. But the notary must justify the essence of the service. Although the very fact of studying inheritance documents, drawing up and printing a certificate of inheritance, etc., is a service.

It turns out that the cost of registration with a notary will be: state tax plus the tariff for services.

How to save time and money - draw up a gift agreement in advance

You can effectively save time, money on state fees, assessments and significantly simplify the procedure for transferring the vehicle of a deceased relative into your ownership. You just need to prepare a gift agreement in advance (see deed of gift for a car).

If you know for sure that you are the direct heir of your father, grandfather, uncle or other relatives, then you can (of course, with the consent of these persons) in advance, during their lifetime, draw up an agreement to donate a car to you. In this case you:

You won’t have to wonder how to inherit a car and collect numerous documents. It will be considered that, according to the gift agreement, it already belongs to you. You only need to re-register with the traffic police.

in the event of the owner's death, it is possible to use the car immediately, without waiting for six months.

However, it is not profitable to draw up such a gift agreement between non-close relatives, since in this case the donee is obliged to pay 13% personal income tax for the next year after the date of the donation. And parents, children, brothers, sisters, husband, wife are exempt from such payment if they do not sell this car in the next 3 years.

Tax on the sale of a car if you owned it for less than 3 years

Do not forget about the tax when selling a car received as an inheritance. If immediately after issuing the certificate by a notary you decide to sell the vehicle (or owning the vehicle for less than three years), you will have to pay tax. The amount is calculated depending on the price of the property sold.

Any income of a citizen is subject to taxation (personal income tax), and when selling a car that has been owned for less than 3 years, the owner becomes obligated to pay tax. If you intend to sell an inherited car, you should know the following:

the basis for calculating the 13% tax is the sales amount exceeding 250,000 rubles (since the new owner did not incur any acquisition costs);

So, if, according to the purchase and sale agreement, the subject is a car worth 300,000 rubles, then the tax will have to be paid on 50,000 rubles (300,000 - 250,000): 50,000 X 13% = 6,500 rubles.

When selling a car for 250,000 rubles or less, no tax is paid. But the declaration must still be submitted to the Federal Tax Service.

And even in a situation with preliminary registration of a gift agreement, if the car has to be sold earlier than 36 months from the date of ownership, you will also have to file a 3-NDFL declaration and pay tax if the car is sold for more than 250 thousand rubles. (property deduction).

Naturally, if the heir owns the car for more than 3 years, then there is no need to pay tax. There is no need to submit a declaration. The three-year period is counted from the date of receipt of the certificate of inheritance for the car.

Refusal of the inherited machine

If none of the heirs entered into the inheritance, then all inherited property passes to the state. If you miss the six-month deadline for entering into an inheritance with good reason, you can try to restore it in court (see restoration of a missed deadline for entering into an inheritance).

When the debts of the deceased exceed the value of the inheritance, it is better to issue an official refusal to enter into rights to the property of the deceased. In practice, inheritance, including in the form of a vehicle, is refused when the deceased has many unfulfilled obligations. Moreover, one cannot refuse only one type of property, while another cannot be accepted. The refusal is categorical, that is, completely from one’s share. And if you receive an inheritance, then the law obliges you to accept the due share in full along with existing debts. This is not always beneficial for relatives (see who pays the loan for the deceased). You can refuse an inheritance within six months after the death of the testator, even if you have already accepted the property. After an official refusal, it will be impossible to regain the right to accept the due share.

Re-registration of vehicles with the traffic police

Within 10 days from the moment you become the full owner of the car (from the date of receipt of the certificate of inheritance) received as an inheritance, you must provide documents to the traffic police for registration:

a compulsory motor liability insurance policy issued to you;

application for re-registration;

Your general passport;

certificate of right to inheritance issued by a notary;

car registration certificate (in the name of the testator);

vehicle passport with a transfer record (the record is made only by the heir and indicates the details of the inheritance certificate);

receipt of payment of state duty;

directly the car (for inspection).

Since the certificate is a document about the heir as the rightful owner of the car, the 10-day period begins from this day. This certificate confirms the change of ownership. And this is an absolute basis for re-registration of car rights. If this is not done within the specified period, a fine of 1,500 to 2,000 rubles may be imposed.

In 2021, the state fee for car registration is:

850 rub. (500 rubles for issuing a vehicle certificate + 350 rubles for making changes to the PTS) - if you keep your previous license plates.

2850 rub. (2000 rubles for issuing license plates + 500 rubles for certificate + 350 rubles for making changes to the PTS) - in case you want to change the plates.

If you use the State Duma portal, the cost of the fee will be 30 percent less, that is, 595 rubles. or 1995 rub. (depending on the composition of registration actions).

Deregistration of a car under the previous owner occurs simultaneously with registration indicating the new owner, the procedure is completed within one day.

If there are several heirs for 1 car (or a car for two)?

When entering into an inheritance without a will, the car may go to several heirs at once. In this case, the car can be registered in the name of only one new owner, for whom it is up to all purchasers to decide. In this case, the remaining heirs can be indicated in the registration data of the traffic police database, and in the PTS in the column “other about

Call

Did the answer help you? Yes No

Donation agreement

This is an alternative option that in some cases allows you to bypass the need to pay tax. Formally, instead of selling, the car is given as a gift, which does not imply any monetary reward. You can even make such an agreement not for the entire car, but only for a certain part of it. This approach is relevant in cases where it is necessary to transfer all shares to one person, who will deal with further sales.

According to Article 574 of the Civil Code of the Russian Federation, state registration is only required for donating real estate. A car is movable property, and therefore there is no need for notarization of the gift agreement. Formally, you don’t even need to draw it up, but without this, it will be difficult for the new owner to register the car with the traffic police.

The main feature of this document is the ability not to pay taxes. But this is relevant (clause 18.1 of Article 217 of the Tax Code of the Russian Federation) only for close family members. If you try to give a car to a third party or a very distant relative, you will still have to pay 13% tax. True, no longer to the donor, but to the recipient.

General rules for filling out/drawing contracts

• The agreement must be either completed manually or printed. You cannot enter part of the data with a pen and type the other, but you can print out a standard form and then fill it out manually.
• To enter information, you need to use only blue paste.
• Throughout the entire text of the contract, only complete information is indicated, without abbreviations. An exception is made only for well-known abbreviations, such as “kg and hp.”
• Entries in the contract begin strictly from the beginning of the column. If there is free space left, you need to put dashes, and if there are several free lines, cross them out with a zigzag. Otherwise, this space can be used to add additional information after the document is signed.
• No erasures or corrections are allowed.

Do I need to pay taxes?

If a citizen sells a car that was only inherited, then he must pay a tax in the amount of:

• 13% - for residents of the Russian Federation;
• 30% - for non-residents.

First, the seller must submit reporting documentation to the Federal Tax Service at the place of permanent registration. The declaration must be submitted by April 30 of the following year. Late payment of tax or filing of reports threatens the taxpayer with a significant fine.

Is there any exemption from income tax? Yes. Citizens who own a vehicle for more than 3 years . In other cases, sellers can only use a tax deduction. Details of its receipt are described on the Federal Tax Service website.

Is it possible for an heir to use a car before it is registered as his own?

There is a situation in property inheritance when the object of inheritance goes to several persons. After ten days after the entry of inheritance, the vehicle must be registered - one of the heirs must become the owner according to the documents according to a general agreement or by court decision.

If the heirs decide to sell a common inherited car, then the purchase and sale contract must contain a general agreement and attach a separate document with signatures on the agreement of the heirs among themselves.

Selling a shared inheritance is not always easy, especially when it comes to a share in the ownership of a vehicle. Sometimes it is not possible to agree on the priority of using a car. The way out of this situation would be to sell a share of the car to the second heir (you can agree on this among yourself). A car is considered an indivisible property; a reasonable and rational solution would be to sell the car to all heirs and divide the money in accordance with the share of the inheritance.

Registration of a car with the traffic police also takes place in the name of one of the heirs according to a general agreement, after which you can look for a buyer and divide the amount from the sale into shares.

Without entering into the right of inheritance it is impossible. Actions are considered illegal, since upon receipt of inheritance rights or under a will, it may turn out that the heir had no rights to this property at all. In situations where the heirs are confident that the car will belong to them, it is still prohibited to sell the car.

We invite you to familiarize yourself with: Entering into an inheritance after the death of a father without a will: documents

The person does not have any rights or supporting documents to own the vehicle. The sale will only add problems to the future buyer, since the operation will be illegal. It will be difficult to register such a car with the traffic police.

Selling a car that you inherited is quite troublesome and difficult. This requires competent preparation and a professional approach in order to comply with all legal transactions and transfer the car to the new owner without any problems. If all the rules were followed and the documents were prepared correctly, selling the car turned out to be hassle-free.

To solve your problem, get a free LEGAL consultation RIGHT NOW:

7 Moscow 7 (812) 467-38-65 St. Petersburg

Fines

If the new owner of the vehicle did not have time to register the car within 10 days, then a late fine will be sent to the seller, who will have to pay this fine. This can only be avoided by personally visiting the traffic police department with a purchase and sale agreement and deregistering the car. The fine ranges from 1.5 to 2 thousand rubles.

Failure to file a return on time will result in a fine of 5% of the tax amount for each month of delay, up to a maximum of 30%. The minimum amount of such a payment is 1000 rubles and is relevant even if the declaration is empty.

The penalty for late payment of tax is 20% (if this was done intentionally, then the full 40%). In addition, you need to pay 1/300 of the current refinancing rate for each day of delay.

Example: Ivan Ivanovich sold a car for 300 thousand and had to pay 6.5 thousand in tax (with tax deduction). He completely forgot about this, as well as the fact that he needed to file a declaration. Now he must not only pay 6.5 thousand tax, but also 325 rubles (5%) for each month of delay in the declaration + 1300 rubles fine for non-payment of tax (20%) + 1.78 rubles (1/300 of the refinancing rate 8 .25%) for each day of delay in tax payment.

Step-by-step algorithm of actions

Before selling a car, it is necessary to enter into the right of inheritance; this will take six months from the date of death of the person.

Motor vehicles after inheritance can be sold in the following way - sale to a new owner in accordance with the sales contract. After receiving the inheritance, the contract is drawn up between the two parties independently and does not need to be certified.

The sale consists of the following stages:

• entry into the right of inheritance;
• registration of vehicles in your name or start of sale;
• searching for a buyer;
• drawing up a purchase and sale agreement;
• transfer of the vehicle to the future owner along with the necessary documents;
• registration of a car in MREO.

Search for a client

You can sell a car before the right of inheritance takes effect, that is, submit applications in advance in order to decide on a buyer at the time of receiving the certificate. Only after receiving a certificate of title to a car from a notary can you sell it legally.

You can take your vehicle to the car market yourself or place an ad in a newspaper or on websites intended for sale. The latter option will be more effective for searching for a buyer, since Internet services are visited by a large number of people.

If the search for a new buyer takes too long (the heir is given 10 days), then the vehicle will have to be registered in his own name, and this is an extra expense.

Preparation of the policy

The peculiarities of drawing up a purchase and sale agreement for an inherited car relate to the agreement of all heirs of the share, and can also be immediately issued to the new owner.

Notarization of the purchase and sale form is not required; the document is drawn up independently. If the car is received by several heirs, then the sales agreement must indicate that the amount after the sale will be divided in the required shares among all.

The purchase and sale document is drawn up on the basis of:

• certificate of inheritance;
• consent of all share heirs with certification by a notary (if necessary).

The purchase and sale contract contains the following information:

• contract number and name;
• place of the transaction;
• date of sale;
• passport details of the seller and buyer;
• subject of the contract - the make of the car, a detailed description of the technical and external condition, an indication of all license plates of the car (body, engine);
• data from their technical passport;
• price;
• indicate that the car is not pledged, not under arrest and not sold.

Responsibilities of the seller after the sale

The completed transaction creates obligations affecting both parties. Thus, the heir will pay tax on the sale of a car received by inheritance. It is 13% if he has owned the car for less than 3 years and if the price of the car is more than 250,000 rubles. If the vehicle was cheaper than the specified price or was used for 3 years, then taxation for the transaction is not provided in this case. It will be enough to notify the tax service regarding the sale of the sold car by filing a declaration.

Let's summarize how to sell a car by inheritance without registration. The first step is to enter into inheritance and register the car as your property. The second step is to find a client, conclude an agreement with him to sell the car by inheritance, without registering the car in your name. The third step is to comply with your obligations: pay the 13% tax and/or submit a declaration to the tax service of the Russian Federation.

What fees are paid when registering a car after inheritance?

Registering a vehicle is a paid procedure. Before contacting the traffic police, the new owner must take the car for inspection and also insure it. After submitting the application, state fees are paid:

• registration of STS – 500 rubles
• recording the new owner’s data in the PTS – 350 rubles
• issuance of license plates – 2000 rubles
• replacement of PTS (paper) – 800 rubles

The license plates must correspond to the region where the owner is registered. This means that when registering a car as an inheritance in another region, the applicant will have to independently order the production of license plates; the traffic police will only assign license plates to the vehicle and enter them into the database.

You can pay the state fee for registering an inherited car with the traffic police at the bank, through a payment terminal or online on the State Services portal if the application is submitted remotely.

What to do if you couldn't find a buyer

If the heir planned to sell the car, but could not find a buyer, then he will have to register the car in his name. 10 days to prepare documents . Missing deadlines will result in a fine.

The procedure for registering a car

1. Initially, the heir needs to obtain a certificate from a notary.
2. Then you should submit the relevant documents to the traffic police department at the place of registration of the copyright holder. Data on a change of owner is entered upon the application of the heir.
3. One of the key documents when re-registering a car is an insurance policy. The MTPL policy is issued in the name of the copyright holder.
4. To obtain a policy, you will need to have a diagnostic card. It is issued upon passing a technical inspection.
5. On the eve of filing the papers, the heir will have to pay a state fee. Its size is 850 rub.

The necessary registration actions are usually completed within 1 day. If necessary, the copyright holder can use the State Services service. The only drawback of this method of submitting an application is the need to register on the state portal.

However, wide possibilities open up for the user. The resource allows you to save a lot of time and money. For example, you can make an appointment with the traffic police and submit an application remotely. When submitting an application to change data about the owner of a car through State Services, the fee can be paid through the portal. The fee will be 70% of the actual rate .

How to inherit a car for two?

Often property is inherited by several people at once. In this case, only one of the legal successors can register the car as an inheritance with the traffic police, but the data of the others will be indicated in the PTS, and information about them will be entered into the State Traffic Inspectorate database.

Our company’s specialists know how to register an inherited car correctly and quickly, even from 5 heirs at once. Apply for services and complete the procedure in just half an hour! To consult and make an appointment, leave a request online or call us.