- Re-registration of a car from seller to buyer under the new law
- In what cases is it necessary to re-register a car?
- Do I need to deregister a car?
- Terms of re-registration
- How to re-register a car without changing license plates
- Re-registration of a car under a general power of attorney
- What to do if, during re-registration, you run out of space in the title of your car?
- Is it possible to re-register a car without insurance?
- Is it possible to re-register a car without a car?
- Is it possible to re-register a car without the owner?
- Is it allowed to re-register a car without a license?
The decision to transfer a car to another person arises due to life situations: donation, inheritance, sale, replacement of license plates.
What does a car owner need to know about methods to properly re-register a car? Why do this? What documents and deadlines are required? Do I need to deregister a car? This article will answer all questions related to re-registration in detail.
Normative base
The main legal act regulating the process of selling, re-registering a car and registering a car in 2021 is considered to be Order of the Ministry of Internal Affairs of Russia dated December 21, 2019 N 950. In accordance with the provisions of the legal act, a mandatory change of license plates and deregistration of a car is carried out , if it is sold to a buyer located abroad or sent for recycling.
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In the classic case, the procedure is to re-register a car to another owner without deregistration. A purchase and sale agreement is required for implementation. It must be drawn up in accordance with the norms of the Civil Code of the Russian Federation. In this case, it is not necessary to draw up a transfer and acceptance certificate. However, it is better not to neglect the procedure. The document records information about the car.
There are also other legal acts regulating the re-registration of a car without deregistration. The main ones are:
- Article 333.33 of the Tax Code of the Russian Federation. The regulatory legal act reflects the amount of the state duty. After reading the provisions of the article, you will be able to determine the total cost of the registration procedure.
- Article 333.35 of the Tax Code of the Russian Federation. Reveals the features when registering a change of numbers through government services.
- Article 12.1 of the Code of Administrative Offenses of the Russian Federation. Determines the liability to which a person can be held if the re-registration of a car is not completed in a timely manner.
On August 3, 2021, Federal Law No. 283 On State Law came into force. registration of vehicles in the Russian Federation and amendments to certain legislative acts. He changed the procedure for registering new cars purchased without mileage at a dealership and the procedure for obtaining state license plates. After August 3, 2020, the traffic police is only concerned with their assignment. License plates on physical media can be obtained from the car dealership. The procedure requires a separate fee.
Maximum tariffs for re-registration of a car to another owner without deregistration in 2021 are set by the FAS.
State duty
Before visiting the State Traffic Inspectorate with all documents, you must pay the state fee for the services provided:
- 350 rub. – making changes to the PTS;
- 500 rub. for issuing a new STS;
- 2000 rub. in case of changing car numbers.
The total amount of re-registration will be 2850 rubles.
If the best option for re-registration of the car is chosen, all official papers are re-issued in the proper way, then the owner has no reason to worry. The registration procedure will not take much time, and after that you can operate the purchased vehicle.
Ways to re-register a car to another owner in 2021
In 2021, the law allows you to re-register a vehicle to another owner without deregistration. However, the procedure may vary depending on the method of transferring ownership of the car. The law allows you to acquire funds in the following cases:
- A purchase and sale agreement has been drawn up. The car will be deregistered automatically if the seller and buyer live in the same region. The action is performed by the registration service employees themselves. The buyer must submit a purchase and sale agreement within 10 days. Based on the document, re-registration will be carried out. The rule applies if the car is purchased secondhand. In 2021, if you purchase a vehicle from a dealer, the organization can independently register the car. The possibilities for performing the procedure are enshrined in Federal Law 283. It is also permissible to contact an institution remotely through State Services.
- A deed of gift has been drawn up. The agreement must be drawn up in writing. The property is transferred free of charge. However, there will be financial costs for registration. The participants in the transaction decide who will have to pay. Notarization is not required. Re-registration of a car is carried out on the basis of an application from the donee. Re-registration of a car to another owner without deregistration can be done during a personal visit to the traffic police department.
- A citizen uses a car on the basis of a general power of attorney. There will be no re-registration in 2021. The owner is considered to be the previous owner of the car. The person in whose name the general power of attorney is issued will be able to carry out repairs and drive a car even abroad. However, taxes and fines issued by automatic recording systems will still have to be paid by the previous owner.
- The car was inherited. The procedure is carried out after the death of the owner of the vehicle. The car is transferred to the direct heir or specified in the will. Re-registration of a car to another owner without deregistration is carried out according to the classical rules. The basis is a certificate of the right to inheritance.
In what cases is it necessary to re-register a car?
The need for re-registration arises in the following cases:
- Receiving a vehicle by inheritance (from a relative or any person).
- Donation of a car (provided as personal property to the recipient).
- Purchase under a sales contract (the document is signed by the seller and the buyer)
- Change of place of residence by the owner (for example, a person came for permanent residence or received permanent residence in the Russian Federation and wants to re-register the car according to Russian laws).
- Change in car characteristics (after an accident, if the vehicle’s engine and other components were replaced: body, bumper, wings, etc., which affected changes in the indicators in the vehicle’s passport).
- FULL NAME. the owner has changed (such re-registration is not mandatory, but in practice it eliminates many problems - such as questions from traffic police officers, as well as lengthy explanations and paperwork when crossing the border when traveling to other countries).
In addition to the above cases, there is a commission re-registration of the car. It goes through the generally accepted system through the car dealership.
There are rarely cases of re-registration of a car on credit. This is possible only with the consent of the bank and the signing of a tripartite agreement, the original and a copy of which are presented to the service center of the Ministry of Internal Affairs of the Russian Federation. The new owner of the car can voluntarily repay the loan from the bank and pay the entire amount required on the loan.
Required documents
Re-registration of a car without deregistration to another owner in 2021 requires the preparation of a package of documents. The list of papers will differ depending on whether the former owner plans to keep the license plates. If the license plates are transferred along with the car, during re-registration you will have to provide (Article 15 No. 283-FZ):
- application for vehicle registration;
- car passport;
- MTPL policy in which the person appears as the owner or insured;
- a purchase and sale agreement or other document on the basis of which a person acquires ownership rights;
- STS;
- applicant's passport.
The speed of the procedure depends on the completeness of the package of documents. If it is drawn up with errors, re-registration will be refused. The citizen will have to bring the missing papers.
If the former owner of the vehicle wants to keep the license plates, it is necessary to supplement the list with a corresponding statement.
Decoration of a donated car
A car can be transferred to a citizen on the basis of a gift agreement. This agreement is a legal document. Is it possible to re-register a car donated by another person without his presence? It is not required that the previous owner come to the traffic police, since it is only enough that the applicant has a correctly drawn up gift agreement.
The deed of gift must be drawn up taking into account all the requirements. It must indicate all the features of the donated car, since there should be no difficulties with its identification.
Re-registration of a car without deregistration and with replacement of license plates
Re-registration of a car without deregistration and without changing license plates allows you to save money. However, not all owners agree to transfer old license plates. The procedure for re-registration with deletion of numbers is carried out according to the following scheme:
- The seller makes an appeal to the traffic police. The procedure also involves the preliminary preparation of a package of documents. However, the seller and buyer are advised to arrive together.
- Documents are submitted for re-registration. However, the list of papers must additionally include a statement about retaining the license plate number for the previous owner of the car.
- The vehicle is being inspected. Attention is also paid to the numbers. It's better to remove them in advance. It is imperative to wash the sign. If the old plates are damaged or dented, the paint has worn off on them, they will most likely be refused. When the state of license plates is not legible, it is recommended to immediately make a duplicate of them.
- The parties pay a state fee.
- The new owner of the car is provided with updated documentation. The car is assigned a different number.
Participants in the transaction can re-register the car without deregistration and with replacement of license plates separately. To save license plates, all you need to do is come to the seller, write a statement and present the car for inspection. After this, a record will be made in the PTS about the issuance of new license plates with the previous owner, then the car will be sold without changing the numbers and without deregistration.
Procedure for receiving fines for a car re-registered without replacing license plates
If re-registration is untimely, the previous owner will be charged tax as before. And if traffic rules are violated with this car, the previous owner will be fined. After all, nothing is known about the new traffic police yet.
Fine for sold car
A fine can also be issued if traffic rules are violated within the period allotted for re-registration (10 days), when the buyer simply did not have time to carry it out.
In order not to pay for someone else’s car, the previous owner should first of all contact the new one, talk about the situation and provide the number of the issued protocol and details for paying the fine. If the deadline for re-registration is missed, you need to remind them to start re-registration as soon as possible.
If the current owner does not answer calls or aggressively refuses to interact, the person who sold his car is recommended to go to the traffic police (where it is more convenient to get to) and write an application to cancel the registration of his former vehicle. Take with you the purchase and sale agreement, your passport with a copy, STS and PTS (if it remained, and the buyer was going to make an updated one). In the application, write down all the passport data, characteristics of the car, and name the sale as the reason for canceling the registration. As a result, the license plates become illegal and people start searching for the car.
If the fine was received by mail to the former owner, you can appeal it no later than the 11th day. You should write to the head of the traffic police about disagreement with the imposition of a fine.
Place the application, copies of documents (sale agreement, penalty decree) and the investment inventory form in an envelope and send to the address indicated on the decree. The appeal filing date is the date of departure. The result should be expected by mail.
Sample of an appeal against a violation
You can submit a complaint through the traffic police website. A form and sample are also available there. Please attach scans of all required documents to your application.
If the fine is large, you can sue. But first, you still need to draw up a pre-trial claim in the name of the new owner demanding to pay a fine. Sent by registered mail.
OSAGO when registering a car
If a car is sold or donated, the insurance will have to be changed (Article 15 No. 283-FZ). This means that the buyer must purchase a policy or be included in the current MTPL, if it is possible to agree on this with the seller. Otherwise, you will not be able to drive the car legally.
When concluding a transaction, you will need to contact the insurance company. Its representatives will explain all the features of the procedure. You need to understand that the terms car owner and policyholder are not identical. The owner is the owner of the insured car. The role of the policyholder is a citizen who has entered into an agreement with the insurer. According to the law, a vehicle can have several owners at once. The insured is always one person.
Is it possible to re-register a car without a car?
The most important stage in the registration of a vehicle is its inspection by an authorized traffic police officer. He checks the information presented in the documents with the actual data of the car - numbers on the body and chassis, VIN code. Based on this, we can conclude that the presence of a vehicle is necessary.
If there are compelling reasons that a person cannot bring a vehicle for inspection, it is permissible to arrange a paid service with a traffic police officer visiting the location of the car.
Re-registration of a car without deregistration through State Services
In 2021, the law allows citizens to re-register a car without deregistration through the State Services portal. Persons with a verified account will be able to use the method. It is recommended to prepare a package of documents in advance. You will need the same papers that are required when applying in person to the traffic police. The procedure for re-registering a car to another owner without deregistration is as follows:
- A citizen enters the portal and completes the authorization procedure. To do this, you will need to enter your username and password.
- Among the available services, you need to select the transport and driving category. Then you need to click on vehicle registration.
- Click on the link to complete documents when purchasing. In the list that appears, you need to click on the vehicle registration item. Then all that remains is to give the system the command to get class=”aligncenter” width=”895″ height=”493″|fcw3qayjh5a| src=”https://zakon-voditel.ru/wp-content/uploads/2019/02/Registratsiya-avtomototransportnogo-sredstva-v-Gosavtoinspektsii-GosUslugi.png” class=”aligncenter” width=”881″ height=” 516″|fcw3qayjh5a| src=»https://zakon-voditel.ru/wp-content/uploads/2019/02/Poluchit-uslugi-cherez-GosUslugi.png» class=»aligncenter» width=»1152″ height=»430″[/ img]
- The citizen will receive an online questionnaire. You need to enter information about the new owner and the car. You will need to provide passport details, registration information about the owner of the car and its characteristics. Additionally, a convenient date for a visit to the traffic police is indicated.
- Submit your application. It will be accepted for processing. When the procedure is completed, the citizen will have to pay a state fee.
- You will need to visit the state traffic inspector at the appointed time. You need to have a package of documents with you.
Re-registration of a car to a relative without deregistration
If a transaction is concluded between relatives, a gift agreement is usually drawn up. It involves the gratuitous transfer of a vehicle to another person. There is no need for mandatory deregistration of the car. The re-registration procedure is carried out according to the classical scheme. The deed of gift confirms the fact of legal transfer of ownership. You can download a sample document here.
If a transaction is concluded between close relatives, it is not subject to tax. This norm is enshrined in Article 218 of the Tax Code of the Russian Federation. In all other cases, when donating a car, you will have to pay a mandatory tax of 13% of the value of the vehicle. If the car is received as a gift, tax deductions are not provided. This rule is fixed in Article 220 of the Tax Code of the Russian Federation. You will have to pay tax on the entire cost of the vehicle.
However, the law does not oblige relatives to transfer property free of charge. Individuals can enter into a classic deal by transferring a car in exchange for cash. In this case, a classic purchase and sale agreement is drawn up. you can here.
Transfer of transport under a gift agreement
The deed of gift is drawn up by an individual in writing. The donation agreement contains the following information:
- Technical parameters of the car: vehicle type, model, color, power and other data;
- Type of title document: purchase-sale agreement, deed of gift.
Re-registration of a car under a gift agreement requires additional costs. The price of the agreement may vary - notary services are 0.5% of the cost of transport, but not less than 300 and not more than 20 thousand rubles. The issue of covering expenses is decided by the parties to the transaction independently. The form must also indicate the value of the property being donated.
Transactions concluded between relatives do not require notarization. But it is better to register the gift agreement notarized in order to avoid possible problems in the future.
Re-registration of a car to another owner by inheritance
Having received a certificate of the right to inheritance, a citizen is obliged to begin the re-registration procedure. It is also no different from other situations. You can submit an application to the traffic police through government services or during a personal visit. Only the package of documents is subject to change. A certificate is used as a document confirming the ownership of a car. You must re-register the car within 10 days. The period is calculated from the moment of receipt of documentation on entry into inheritance.
How to re-register a vehicle to another person if the owner is dead
Close relatives claim movable property that remains after the death of the owner.
Procedure for registration in practice:
- If a will is signed, then the last will is fully respected.
- If there is no will, then the right of ownership passes to the heirs of the first stage, then to the second, etc.
- The owner is determined automatically. He elects the person who maintains the car and uses the property of the deceased.
Attention! Re-registration of a car includes obtaining a certificate from a notary and paying a state fee of 0.3 percent of the market value of the property.
Registration of a power of attorney to re-register a car to another owner
If a citizen cannot complete the registration procedure independently, a power of attorney is drawn up. It does not need to be notarized. This rule is regulated by Articles 185-189 of the Civil Code of the Russian Federation. The authorized representative will have to follow the standard procedure for re-registration of the car. However, the package of documents must include a passport and power of attorney. The document must be drawn up in accordance with established rules. The form of the document is not fixed by law. It is recommended to use a ready-made sample. You can download the power of attorney to register your car here.
Nuances
It is important to re-register in a timely manner. If the deadlines are violated, the citizen will be held administratively liable. A fine will be imposed on the violator. Its size will be:
- 1500-2000 rubles, if the procedure was not performed by an individual;
- 2000-3500 rubles if an official violated the rules;
- 5,000-10,000 rubles if the organization violated the law.
Separately, liability is provided for driving a car that was not registered in a timely manner. The norm is enshrined in Article 12.1 of the Code of Administrative Offenses of the Russian Federation. If such a violation is detected during a stop by a traffic police officer, the citizen will be charged a fine of 580 rubles. If the violation is repeated, the amount increases to 5,000 rubles. In this case, a citizen may be deprived of his driver’s license for a period of one to 3 months.
In practice, you may encounter a situation where monetary penalties continue to come to a citizen who sold the vehicle a long time ago. The situation is due to the delay in updating the traffic police databases. If a person does not want to pay for another person, he will need to contact the state traffic police as soon as possible. You will have to write a corresponding statement at the organization’s branch. The relevant agreement serves as evidence of the sale of the car. The action will allow the transfer of monetary penalties to the new owner.
How much does it cost to re-register without changing numbers?
Remaking a PTS costs 350 rubles, the same procedure with a STS costs 500. The minimum procedure costs 850. But if the passport is full, there is no room for new entries, you will have to change it for 800 rubles.
The cost of re-registration of a car through the State Services website
You can pay for the procedure at the traffic police department itself, if there is a terminal there, at the MFC, or on the State Services website. Those who register online will receive a 30% discount until the end of 2021.
If the new owner decides to change the numbers, he will have to pay an additional 2,000 rubles.