Is it possible to transfer a car to another person? What consequences?

Why do you need this and do you need it at all?

The thing is that this method of avoiding possible responsibility and/or simplifying your life carries with it a number of risks. Those that can, on the contrary, complicate everything. Moreover, the risks are almost the same for both sides:

• as for that very other person for whom you want to register a car,
• the same applies to you if you are offered to register a car in your name.

And the main essence of all the consequences lies in one important condition for committing such a “fraud.” The car must be registered in the name of the person who owns it (except for cases that are not suitable in our case). It follows from this that you will have to completely re-register your property in the name of someone else - it will belong to him entirely.

Below we will discuss in detail all the possible consequences for both parties of such a transaction. In the meantime, let’s find out whether such a scheme is legally possible in principle.

Transaction inquiries

Is it possible to register a car without a license? To give the most accurate answer, you will have to study the specifics of the purchase and sale of property and its further registration.

Let's start with the immediate conclusion of the contract. The following documents are most often required for this transaction:

• purchase agreement;
• passports of the parties;
• vehicle registration certificate;
• STS (if used vehicles are purchased);
• OSAGO or comprehensive insurance policy.

In some cases the following may be useful:

• marriage or divorce certificate;
• marriage contract;
• consent of the spouse to a transaction with common property.

A driver's license is not involved in the operation in any way. They are needed to drive the car, but are not included in the deal.

Is it possible to register a car in the name of another person in 2021?

Yes, you can. If we are talking specifically about registration with the traffic police, then any citizen has the right to register any car in his name. But there is one important condition, which we have already mentioned above - the vehicle must be owned by the person in whose name it is registered. This means that you must officially sell, gift, exchange or otherwise alienate and transfer ownership of your car to that person.

In 2021, legislation is regulated by two main documents:

1. Article 5 of the Registration Law prescribes that vehicle registration is mandatory for individuals and other persons,
2. and paragraph 2 of Government Decree No. 1764 of the Russian Federation indicates that such registration is carried out strictly by the owner of the vehicle.

And there are two ways to do this, depending on the current conditions and the state of registration of the car. Let's look at them.

I bought a car and I need it not to be registered to me

If you have just purchased a car, but do not want to register it in your own name, then you will have to look for a person to whom you will transfer this property. The main document for the traffic police that employees will look at is the paper confirming ownership of the vehicle (clause 2 of article 15 of the Federal Law on Registration).

And such documents can be:

1. contract of sale,
2. gift agreement,
3. exchange agreement (if you exchanged cars)
4. and other mainly contractual documents.

Thus, in order to register a car in the name of another person, you will have to give this car to him, sell or exchange it. This is the only way in 2021 to register a vehicle not in your name with the traffic police.

Oh yes, there is also a leasing agreement - in this case, you still remain the owner. But another person may have the right of ownership. However, to enter into such an agreement, you will have to become the lessor in all financial respects. We do not consider this method within the scope of this article, simply because it may cost more than the car itself.

At the same time, if you have not yet concluded an agreement with the seller, you can simply make the person for whom you want to register the vehicle the buyer. This will be easier in terms of paperwork and there will be no unnecessary entries in the PTS.

But let us remind you once again about the risks, because the vehicle will no longer completely belong to you.

And another important subtlety is income tax. It is 13% of your income, and you will be required to pay it if you have owned the car for less than 3 years. Therefore, this situation is relevant for those who have just bought a car and immediately transfer it to another person (even fictitiously).

But there is also good news here. The tax is paid on the difference between the purchase price and the selling price of the car. For example, if you bought a car at a price of 1,000,000 rubles and sold it for 950,000, then you do not pay anything. Moreover, we are talking specifically about indicating the transaction amount in the DCT. Just don’t underestimate it too much - after all, after registering the car with another person, you may want to sell it before 3 years of ownership by this other person, and then you will have to indicate the price even lower, with which the real buyer may not agree.

But with the deed of gift everything is a little sadder. A tax of 13% must be paid if 3 years have not passed since the car was registered to another person. And in this case, since this other person received the car as a gift, he will have to pay tax on the entire transaction amount.

I have a car, I need to re-register it to another person

Everything here is exactly the same, with the only difference that you will have to pay sales tax in rarer cases, since the duration of ownership of the car can exceed 3 years.

In the same way as described above, you sell, give, etc., a car to another person, and he registers it in his own name on the basis of an appropriate agreement.

Documentation

The most important thing in the process of registering a car is having a package of all the necessary papers, the list of which includes the following documents:

• passport of a citizen of the Russian Federation;
• purchase and sale agreement, which confirms the purchase by the owner of the vehicle;
• passport of the vehicle itself;
• MTPL insurance policy (it is necessary to enter in advance the details of the person who will act as the driver and deliver the car for inspection to the traffic police office).

During the technical inspection, the owner or his legal representative will be required to show the engine and body numbers so that they can be checked against the documents provided, and after that a registration number can be obtained.

Is it possible to register a car for a person without a license?

Yes. Vehicle registration is required in 2021. However, this does not mean that it will be the owners who drive them. Since the legislation today does not prohibit transferring the right to drive to other persons, a citizen who does not have such a right can register with the traffic police.

Therefore, you can register a car in your name even without a license or if your driver’s license has expired.

On the other hand, if you are doing this to avoid or successfully appeal traffic fines from traffic cameras, then we have bad news for you. According to the law, penalties from photo and video recording devices are issued to the owner, regardless of who was driving the car.

Content

• Reason #1. Incomplete package of documents
• Reason #2. Not all information is included in the documents
• Reason #3. Traffic police restrictions
• Reason #4. Leasing
• Reason #5. Disposal
• Reason #6. Unreadable VIN or criminal vehicle
• Reason #7. Changes in the design of the car were not registered with the traffic police
• How to avoid problems with car registration

In this article we will tell you what can darken the joy of buying a car on the secondary market. We have collected 7 reasons why the traffic police will refuse to register your car. There is no need to worry: problems can be avoided if you foresee all the nuances in advance.

How many cars can be registered to one owner?

Unlimited amount. Neither the official law On the registration of vehicles, nor the Decree of the Russian Government on the procedure for this procedure limits the number of vehicles that can be registered under one person.

Therefore, even if a person already has his own personal car, you can register at least a dozen more of them.

What is a power of attorney, what rights does it give and for what period is it issued?

A power of attorney is a legal document that gives the right to one person (representative, trustee) to dispose of a car on behalf of another (principal). Both an individual and a legal entity can transfer powers.

The scope of rights of the trustee is determined by the owner of the car. Officially you can allow:

• use a car for personal purposes;
• repair and carry out regular maintenance;
• buy or sell a car;
• receive vehicle license plates;
• register or deregister with the traffic police;
• rent a car or take a taxi;
• distill and undergo customs clearance;
• defend your rights in court after an accident;
• pick up a car from the impound lot;
• entrust the car to a third party.

The transferred powers must be recorded in the power of attorney for driving the vehicle.

The principal himself also retains his rights and obligations. He can:

• revoke the document at any time;
• disagree with the candidacy of a third party to whom the authorized person plans to entrust the car;
• cover the financial costs of the representative (for example, when passing a technical inspection);
• accept documents and funds as part of the document (for example, when buying and selling a car).

The document can be issued to any person: spouse, relative, neighbor, close friend, colleague, employee and even a stranger. You can include one or more people in the document.

The validity period is indicated according to the authority. If you need to solve a one-time problem, for example, picking up a car from an impound lot, you can trust the vehicle for a day. If the representative will perform regular tasks, for example, delivering products, the power of attorney is issued for several years.

It is not necessary to certify a power of attorney. You can insure yourself if you are allowed to travel abroad or if you plan to buy and sell a car.

Also read: Electronic PTS: what is it, how to get it and how to register a car with the traffic police

Is it possible to register a deceased person?

No. It is illegal. But it is legal that civil registry office employees are required to transfer information about death registrations to the traffic police through interdepartmental cooperation. In theory, as soon as you try to register a car in the name of a deceased person (using a fake power of attorney, most likely), the car will be immediately deregistered.

In practice, of course, this works with long delays. Otherwise, the traffic police will never receive information about the death of the car owner.

But there are risks here besides liability for forged documents. The fact is that due to the death of the owner, the car becomes an inheritance for 6 months. This means, firstly, that the fate of the car will be determined without you, and you will not know how the legal heirs will behave in relation to the property, even if they know that your deal with the deceased was fictitious. Secondly, the six-month period means that nothing can be done with the car during this time - it does not yet have owners, since the inheritance has not formally entered into force, and no one can dispose of it on behalf of the owner.

But driving such a car is also fraught - if the car is forcibly deregistered by the traffic police (when information is received from the registry office about the death of a person), and you do not find out about it, then when stopped on the road by traffic police inspectors, the car will go to the impound lot. And only the owner will be able to pick it up from there after entering into the inheritance (remember that the period of entry is six months) - and during this time the amount for storing it in a special parking lot can accrue a significant amount.

Registration locations

First, let's find out where the car is registered. A similar service can be provided by various government services.

These include:

• traffic police;
• MREO;
• traffic police;
• multifunctional centers;
• one-stop services;
• portal "GosGosGosRegistration of Vehicles".
• Click on the line that describes the upcoming service as accurately as possible. Let's say, “Change data” - “Change owner”.
• Study the information about the electronic option, then click on the “Get...” control.
• Enter the data requested by the system into the electronic form.
• Submit your application for processing.
• Pay for registration actions.
• Come to the authorized body at the appointed time (the invitation will arrive in your personal account at GosGosuslug, you will have to wait up to 5-10 days.

Is it possible to apply for a minor child?

Alas, due to recent changes in legislation as of 2021, you will not be able to avoid traffic police fines that cannot be issued to minors. This is so because registration of such persons is prohibited by law.

• paragraph 8 of PPRF No. 1764 states that if the car is owned by a minor, then it is registered in the name of one of his parents (or trustees and guardians),
• and when the owner of the car turns 16 years old, then he will become the legal owner - paragraph 35 of the same PPRF.

Where to go

To register a car, you need to contact the nearest traffic police office and also buy a compulsory motor liability insurance policy. Filling out and registering an application using the State Services portal will help facilitate registration and reduce costs.

When you get in line using the government online service, the cost of the state fee is reduced. It also saves time and effort, as there is no need for long waits. The MTPL policy can be received by courier delivery or electronic version to your mailbox.

How much does it cost to re-register a car to another person?

The cost of the re-registration procedure itself consists solely of state fees. But there are many of them, and you will have to pay the following of them:

• you will be given a new registration certificate - this is mandatory, 500 rubles,
• make changes to the PTS - also mandatory, 350 rubles (if there is no space on the PTS, you will have to get a duplicate - 800 rubles),
• if the registration of the new owner does not match the region code on the license plate, or the car is deregistered, then the cost increases by 2,000 rubles due to the issuance of new license plates.

The car is registered to another person - what are the consequences for me?

Now let’s move on directly to the possible risks of such a scheme for registering a car in the name of another person. As we mentioned above, there are a lot of them. But often car enthusiasts think about the wrong consequences, overestimate some and underestimate others. Let's look at the most common risks and misconceptions of car owners.

Can a person's car be confiscated?

No. Confiscation of property is provided for in Article 104.1 of the Criminal Code of the Russian Federation. So, this penalty is prescribed if the property was acquired by a person illegally. For example, you stole a car - it will naturally be confiscated.

There is a certain list of articles of the Criminal Code of the Russian Federation, listed in part 1 of this article. And here there is not a single rule about the possibility of confiscating a car if it legally belongs to its owner.

How can a car be taken away?

However, seizure of property is possible in 2021. And this is perhaps the most important risk we list.

Let's say you found your most conscientious best friend or relative and asked him to register your car in his name. He is not against it and has no malicious intent. However, on a certain day it turned out that he lost his own income and was unable to repay any of his own loans.

In this case, this person’s creditors file a lawsuit, win it, and if the person to whom you registered your car does not have the money, then the debt is repaid for the sale of his property. What property does he have? That's right, a car that, in order to re-register it with the traffic police, was sold or donated to him. And here everything will be legal.

Of course, there is a subtlety in the legislation on bailiffs that the property seized for sale must be proportionate to the debt. If a car costs 2 million rubles, and the debt is 50 thousand, then the car will not be taken away from him. But you cannot be sure that a person will not have large debts.

What if he gets jailed?

In this case, neither confiscation nor seizure of the car is provided for by itself, of course. You will be able to use the car with confidence.

What if he demands a car for himself?

There is also such a risk, and it initially depends on the degree of trust in the person with whom you register the car. However, formally, according to the documents, you have nothing to do with this car, and it is not always possible to prove the fictitiousness of the transaction.

Therefore, at the will of the real owner of the car, he can sell it, donate it, exchange it, dispose of it, simply throw it away and deregister it from the traffic police register.

Passing a technical inspection

Note. A diagnostic card is not required if the car is less than 3 years old or has a valid diagnostic card.

For example, if you are purchasing a new car from a car dealership, then you can safely skip this step.

To undergo technical inspection, the car must be presented to a technical inspection point, i.e. We will again need the services of a driver . In this case, 2 options are possible:

• The owner travels with the driver. In this case, no additional documents are needed.
• The driver goes to the inspection point independently. In this case, you need to issue a power of attorney.

They offer to register someone else's car in my name - what are the consequences?

There are risks for you if you are the person to whom the car will be registered. Although, in this case the consequences are commensurately less.

Traffic police fines from cameras

The most important expense and often the stumbling block is when the real owner does not pay the fines that come to the formal owner.

That is, you are simply the owner on paper, and the real owner drives the car (although formally you are the real owner). The latter has caught fines and does not have time or does not want to pay them. In this case, they will be debited from your funds.

But in this case, you also have leverage - after all, you are actually the owner of the car.

Transport tax

In addition, transport tax is paid by the owner of the car. To be more precise, strictly the one to whom the car is registered at the traffic police. Because, for example, in leasing the owner is the lessor, but the tax is paid by the lessee.

Responsibility of the owner of a source of increased danger in an accident

But here is the most important consequence, which not all car enthusiasts know. The fact is that a car is a source of increased danger (IPO). This means that during its operation, liability in some cases can be assigned to a person who is not the culprit causing damage to this car.

For example, they re-registered a car in your name after asking for it, but in fact the car belongs to your friend and he drives it. One day this friend gets into an accident and flees the scene. In this case, if the license plate number and details of the car are known, victims and/or those injured in the accident may submit claims for compensation for damage to the owner. Even if it is proven that you were not driving the car.

The law is harsh, but it is the law! Article 1079 of the Civil Code of the Russian Federation. Although, in such cases, you will be able to make a recourse claim against the real tortfeasor... But for this you will need to prove that it was he who was driving. And in any case, such damage is covered by compulsory motor liability insurance.

What if a person was caught drunk, without a license, or fled?

The issue of transfer of control deserves separate discussion. However, this action as an offense requires proof. It follows that you will not always be held accountable. Let's consider all possible penalties for transfer.

1. If you registered the car in the name of another person and were caught drunk, then this person should not be charged with handing over the steering wheel, because you need to prove that the action took place specifically as handing over the keys to a person in a state of intoxication. If control was transferred to you when you were sober, then this is not punishable for the person who transferred it.
2. But if you do not have the right to control or are deprived of it, then the transfer is already obvious. And the argument that the person did not know about it is unlikely to work.

Is it possible to buy a vehicle without a license?

The purchase of a vehicle without a license is possible for any adult citizen of the Russian Federation. In this case, the car is assigned a legal category of property, but the owner will not be able to drive his car until he receives a driver’s license. He will be able to re-register his car with the help of third parties who have the authority to drive the car.

You can also temporarily postpone the registration of a car if its owner is studying at a driving school or renewing his license.