Car donation agreement (deed of gift): sample for 2020, including close relatives

A car donation agreement (deed of gift) is the primary document that you will need if you want to give a car as a gift, including to a close relative. In this material we will tell you about all the intricacies of how to draw up a deed of gift for a car, taking into account all the nuances, and in the article you will also find a form and a sample of a car donation agreement (deed of gift) for 2020.

Donation of property is a gratuitous transaction. That is, the person transferring the property does not receive anything in return. An analogue of a deed of gift is a will, but with significant differences. Despite the lack of material benefit for the donor, a gift agreement is a common type of transaction between Russians. We will discuss later how to issue a deed of gift for a car.

Motives for registering a donation

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Donating a car is compared to selling it. The purchase and sale transaction is financially more profitable for the donor, since payment is made. However, in some cases, a deed of gift is more relevant. The gratuitous nature of the transaction gives rise to the absence of the second spouse’s right to the car, since the donated items are not joint property. As a result, the car will not be divided during a divorce and it will not be confiscated in the event of personal debts from the second spouse.

Registration of a deed of gift for a car instead of transferring it under a will will allow you to exclude the car from the inheritance. This is relevant if there is no will or there are heirs who are entitled to an obligatory share. An additional factor will be the fact that the donor - the owner of the property - can personally control the transfer of the gift, which is impossible during inheritance.

Another motive for registering deeds of gift may be the distribution of property in marriage. The spouses register the property personally, and subsequently there is no need to divide the property or draw up a marriage agreement. In general practice, such situations are rarely encountered.

Reasons for registering a deed of gift for a car

If we do not take into account those cases when rich parents give a long-awaited gift or an unexpected surprise to their son or daughter on the occasion of a family celebration: a wedding or anniversary, then basically the reasons for registering a deed of gift for a car between close relatives are more prosaic and practical. These include:

Gift of a car by parents to a married son (married daughter), so that the other half cannot claim its division in the event of a divorce. According to the provisions of the Family Code, after a formalized divorce, all property that was acquired and acquired during marriage must be divided equally, including a vehicle. The exception is those things that were received by one of the spouses as a personal gift, no matter during or before marriage. This trick can be used by shrewd parents who anticipate the possibility of divorce proceedings in the future.
One of the spouses has a large debt on bank loans. One of the common ways for the bailiff service to “knock out” debts from debtors is to seize a car and describe other valuable property. In this case, it is beneficial for the debtor spouse to issue a deed of gift for the car in order to exclude it from the inventory of seized property and leave it in the family.
If one of the parties (done or donor) is a legal entity, i.e. is an organization, then any gift worth more than 3 thousand rubles must be accompanied by a gift agreement drawn up in writing.

In addition, when transferring an inheritance, a deed of gift allows:

do without making a will;
facilitate the process of accepting an inheritance for a specific person;
deprive other heirs of the right to inherit the car.

Restrictions and conditions of the transaction

The law defines the criteria for the legality of donating a car. In order for the registration of a deed of gift for a car to be recognized and the transfer of ownership rights to take place without complications, the conditions must be met.

The car must not be encumbered. It is prohibited to donate property that is pledged or under arrest.
The donor must be the full owner and have legal capacity.
The conclusion of a transaction is possible exclusively on a voluntary basis. Any form of coercion is not allowed.
The presence of the consent of the spouse if the donor is married. A priori, it is considered that the spouses act in mutual interests and it is not necessary to obtain written consent. However, in practice, the transaction can be challenged if the donor knew that the spouse was against the transaction.
The recipient of the gift is an individual. Donation to a legal entity is unacceptable.
Written form of the agreement. How to draw up a deed of gift for a car – notarized or not – depends on the wishes of the parties involved. The law does not oblige the parties to enter into a written agreement. In fact, the transaction can be carried out verbally, but it will be impossible to register ownership of a car without written evidence. The deal will need to be legalized in court.
You cannot donate a car on behalf of a minor owner by its official representative.

The law does not prohibit donating a car by proxy. But in practice this is rarely used. For a transaction to be recognized as legal, the representative must have a power of attorney, giving him the free right to dispose of a specific car.

The right to ownership occurs after state registration of the new owner of the car. Registration must be completed within 10 days from the date of registration of the transaction. Otherwise, a fine will be charged.

If we go into detail, the car gift agreement is considered completed if the parties have fulfilled their obligations and the subject of the gift can be fully determined. If we consider a car, then registration documents are necessary to identify it. If the car is deregistered, which is not mandatory, then it must be registered. Formally, if the object of the gift - a car - is transferred in a ceremonial atmosphere and all documents for the car are available, then Art. 458 Civil Code of the Russian Federation. That is, the contract is considered completed. But if the donor wishes to return the gift before the state registration of the new owner, then he can do this under the right of Art. 577 Civil Code of the Russian Federation. Especially if the donation took place orally. After entering the data into the vehicle passport, the recipient of the gift can completely dispose of the car: sell, donate, bequeath. Cancellation is no longer possible, only legal challenge.

A donation is a transaction taking place on the basis of a gift agreement (Article 572 of the Civil Code of the Russian Federation). This agreement is subject to rules that are common to all types of transactions. Art. 223 of the Civil Code of the Russian Federation determines that the moment the acquirer receives the right to a thing is the moment of its transfer. The procedure for transferring things under a contract is stated in the following paragraph. Art. 224 of the same Civil Code of the Russian Federation. According to clause 1, the moment of concluding the contract = the moment of transfer of the thing, subject to receipt of possession. The same rule applies to consensual transactions. That is, promises to give, like the ceremonial presentation of keys at weddings.

In simple terms. If you don’t want the donor to return the car, register it. For the rest, prove in court that the item is owned, but not registered.

Car donation procedure

The algorithm for how to draw up a donation agreement for a car is simple. The procedure for donating a car occurs in a shorter period of time than donating real estate. When the parties were able to agree on the conditions: the donor wished to transfer and the recipient to accept the gift; The parties draw up a gift agreement, sign the agreement, hand over documents for the car and keys. Afterwards, the recipient of the gift has a ten-day period to register the car. This must be done regardless of the circumstances of receipt of the car.

The right to ownership, including disposal, does not begin when the deed of gift for the car is issued, but from the moment of registration with the traffic police. Until then, the donor is considered the owner of the car. If the donor dies before registration is completed, the car becomes part of the estate and the transaction is canceled. In some cases, this can be challenged in court by recognizing the gift transaction as legal.

Do you need a notary?

Notarization of a car donation agreement is not required by law. This measure is entirely voluntary. The parties must mutually desire notarization of the transaction. Arguments in favor of the participation of a notary are:

verification and confirmation of the participants’ legal capacity;
verification and confirmation of the identity of the parties;
analysis of the gift agreement for legality;
checking title documents for cars.

A negative argument is how much a deed of gift for a car costs from a notary. Transaction costs will increase. You will need to pay a fee, technical consulting services and assistance in drawing up a contract. Since the duty is paid as a percentage of the cost of the car, it is necessary to conduct an expert assessment to determine the price of the car.

Documents for donation

The key to how to draw up a donation agreement for a car is the collection and preparation of the necessary documents. To enter into an agreement, the donor and recipient of the gift will need:

3 copies of deed of gift; (here you can sign a gift agreement for a car for 2020)
participants' passports;
vehicle passport;
vehicle registration certificate;
insurance policy;
title papers for cars;
act of acceptance and transfer;
confirmation of the absence of encumbrances.

The same set of documents, with the exception of the donor’s passport, is also prepared for registering a car with the traffic police under a gift agreement. Additionally, a receipt indicating payment of the fee must be presented. If necessary, the consent of the donor's spouse to the transaction is prepared. It is recommended that the spouse's consent be notarized.

Nuances of drawing up a contract

Since the fact of how to draw up a deed of gift for a car is clear - in writing, it is necessary to determine the structure of the gift agreement and its mandatory elements. If the parties do not want to contact a notary or lawyers to draw up an agreement, then they can use the standard deed of gift form. It is important to ensure that the required elements of the form are present:

Name;
date and place of compilation;
information about the parties to the transaction;
registration information about the item - the car;
circumstances of the transaction;
moment of car transfer;
full details of the parties;
signatures of the parties to the transaction.

It is important in the donation agreement (deed of gift for a car) to describe in detail the object of the gift, indicating all the elements of the car necessary for identification: color, model, make, year of manufacture, registration number, etc. If the transfer of the car does not occur immediately, then the transfer and acceptance certificate may act as a separate document and not as an annex to the main agreement. These features are reflected in the text of the deed of gift. The agreement also stipulates additional property donated along with the car, for example, automotive equipment, spare tires.

Donating a car is a standard type of contract. There are no special requirements for drawing up an agreement, except for those that apply to gratuitous transactions. That is, it is not allowed to indicate in the contract the circumstances of compensation to the donor. In this case, the transaction will be a sham – invalid.

The gift agreement is drawn up in the required number of copies. Minimum – 3. One for the parties and one for registering changes in MGTORER. If the agreement is drawn up by a notary, then another copy of the deed of gift is prepared, which will be kept in the files of the notary’s office. The contract form can be filled out on a computer or by hand. Corrections, strikethroughs and other edits are not allowed.

The law (Article 578 of the Civil Code of the Russian Federation) gives the parties the right to reflect, when drawing up a deed of gift, the donor’s right to return property in the event of the death of the donee. If this rule was not taken into account by the parties before drawing up a donation agreement for a car, then the return of property due to death will be impossible. Since the recipient of the gift may be a minor citizen, then in the case of the participation of a minor, information about his representative is entered into the gift agreement. The guardian/representative also certifies the deed of gift with his signature. In such situations, it is optimal to carry out notarization of the gift agreement.

Gift evaluation

An expert assessment of the value of property transferred by deed of gift is mandatory if the notarial option of registering the transaction is chosen. An estimate is required to determine the amount of the notary fee. A company or person licensed to conduct appraisal activities has the right to conduct an expert assessment of the value of a car. An independent assessment of the value by the parties to a gift agreement drawn up by a notary is unacceptable.

Features of gifting to a distant relative

Donations between relatives are often made for the following purposes:

Avoiding making a will;
Simplification and savings in the future on the procedure for entering into an inheritance for a specific heir;
In the event of the death of the donor in this way, the remaining heirs will be deprived of the right to this car.

A deed of gift for a car is not subject to tax if it was issued between close relatives. That is, aunts and uncles, nephews, cousins and other persons do not fall under this category and pay tax according to standard rules.

If you sell the gifted car after 36 months of ownership, the owner will be exempt from taxation. But if he wants to sell the car immediately or within the first 3 years, then he will have to pay a tax of 13% according to the general rules. At the same time, he does not have the right to take advantage of the expenses for purchasing the car, for the reason that they were not made by him, but by the donor.

In this case, it is very important in the contract to indicate the estimated value of the car, for the reason that the recipient must submit a declaration to the Federal Tax Service for calculation and subsequent payment of tax, and also attach supporting documents and a valuation report to it. That is why such transactions are recommended to be notarized.

The contract must indicate:

The estimated price of the car;
Which party will bear the costs of preparing the deed of gift;
Indicate that the car is not stolen, is not pledged and has not been sold;
You can indicate that in the event of the death of the donee, the car goes to the donor.

Can. Let's look at how to re-register a car in the name of a relative without deregistering it. Re-registration of a vehicle in the name of a relative without deregistration, provided they live in the same region, is possible using one of the following options: when transferring the car under a purchase and sale agreement or a gift. Having one of these contracts in hand, having collected the documents necessary for re-registration of the car (registration application, Russian passport, PTS, STS, the contract itself), you can contact the traffic police department to register the vehicle (how to register a used car with the traffic police after purchase, read this article).

There are many reasons why a family needs to transfer a car to their spouse. This raises the question: what to do if the wife does not have a driver’s license?

It turns out that the car can be re-registered to the wife, even if she does not have a driver’s license. Legislation allows a person without a license to own a car, since a car is a type of movable property. And every person has the right to own property.

Important! A person without a driver's license has no right to drive a vehicle. The MTPL policy must be issued for the new car owner, including the person or people who will drive the car.

Contacting the traffic police

The transfer of a car as a gift is regulated by Chapter 32 of the Civil Code of the Russian Federation and can be formalized in one of two forms:

Oral – delivery of documents and keys to the new owner. To confirm the transaction, witness testimony or video recording of the process will be required.
Written – signing by the parties of the relevant agreement.

It is recommended to draw up a deed of gift in writing, since without the appropriate document, the donee will not be able to register the car.

The donor can be either an individual or a legal entity.

Only an individual has the right to accept a car as a gift.

Commercial organizations are prohibited from donating a car to each other.

Regardless of who the donor and the donee are related to each other, the agreement is allowed to be drawn up in free form, but with the obligatory indication of:

surname, name and patronymic of both parties to the transaction;
passport details of the parties and addresses at which they are registered;
information about the subject of the contract, i.e. data on the make, model, state registration number, year of manufacture, engine and body numbers of the car;
timing of the transfer of the car (indicated if the donor plans to donate the car in the future);
grounds for donation, i.e. data on documents confirming the donor’s ownership of the car.

Within ten days after the deal is concluded, the car must be registered with the traffic police.

To carry out the procedure, its new owner must provide:

relevant statement;
passport or other identity document;
deed of gift;
a receipt confirming payment of the state fee;
MTPL insurance policy;
documents confirming family ties between the donor and the donee (if the parties to the transaction are relatives).

A citizen who has received a car free of charge must submit a corresponding declaration to the tax police.

Gift to a close relative

A deed of gift for a car between close relatives does not differ from the standard form in terms of the content of the agreement. Regardless of the presence of a family connection, it is necessary to draw up an agreement, sign it, and register the right to the car with the traffic police. The deadlines and requirements are identical. However, a car gift between close relatives is not subject to tax. But registration costs are charged in full. To minimize donation costs, it is recommended to sell the car after three or more years of ownership after receiving it as a gift. In this option, relatives will only need to pay registration costs.

How to give a car? How to issue a deed of gift for a car?

In order to issue a deed of gift, you must go through the following procedure:

Deregister the car with the traffic police.
Draw up a gift agreement.
The new owner of the car must contact the traffic police and register the car. He must do this within 10 days after the transfer of rights to the car.

Where can I draw up and register a deed of gift for a car?

The parties to the transaction can draw up an agreement either independently or with a notary for a fee. The executed agreement must be registered.

You can submit a document for registration to Rosreestr or to the MFC . The deed of gift with the required package of documents must be submitted at the donor’s place of residence. But if you contact the MFC, you can choose any branch.

Taxation of a gift agreement

According to the Tax Code of the Russian Federation, gratuitous transactions are recognized as income and property received through them is taxed. The amount of gift tax is determined by the personal income tax indicator in Russia. Currently, personal income tax is 13%. Tax is collected from the recipient of the gift, but the donor does not pay tax payments. But a car donation agreement between close relatives gives the right to tax exemption. Close relatives are:

children;
parents;
brothers/sisters;
grandchildren;
spouses;
grandmothers/grandfathers.

Nephews, aunts, guardians, stepdaughters (stepsons) and stepfathers (stepmothers) do not receive the benefit. But half-sisters/brothers, adopted children and adoptive parents are equal to the rights. The tax benefit for the sale of a car received as a gift begins to apply when the car has been owned for at least 3 years. If the minimum period has not been reached, then when selling a donated car, personal income tax is charged in full - 13% of the transaction value. The purchase and sale transaction of donated property is subject to the rule giving the right to a property deduction.

The nuances of a car donation transaction

Now let's look at the registration procedure, and also analyze all the nuances and problems that may arise.

The contract must be concluded only between capable citizens and free of charge . That is, you cannot give a car if the person is incompetent or insane. Also, it is important to remember that donation is a gratuitous transaction, which means you cannot demand anything in return for the car. It doesn’t matter what it is, another car or care for the donor. In such cases, a purchase/sale or exchange agreement is concluded. It is important to note that you can draw up an agreement under certain conditions. For example, that he will enter only after the wedding, graduation from an educational institution with excellent marks, if the car outlives the donor. But it should be noted that precisely in this case, it is impossible to prescribe the conditions “after the death of the owner”, in which case it will already be a document of inheritance, which is drawn up differently.
Taxation. The law provides that a gift is taxable provided that the recipient is not a relative of the donor. In such cases, the new owner must pay a tax of 13% of the value of the vehicle. This percentage is calculated from the cost of the car indicated in the document. If the vehicle goes to a relative, then there is no tax.
Possibility of refusing a gift. You need to understand that the new owner can abandon his new vehicle at any time. You just need to take into account that the refusal must be drawn up in the form in which the original agreement was drawn up. That is, either in writing or orally.
Rights of the new owner. It is important to remember that after the contract comes into force, the old owner loses all rights, which means the new owner can do whatever he wants with the vehicle.
Registration by power of attorney. This type of gift is also practiced, but there is one important nuance. The authorized person must have a notarized document with the right to sell or donate the vehicle.

Vehicle registration

The current rules for car registration have been introduced in Russia since 2015. The functions of the registrar are assigned to MGTORER. They are located in large regional settlements. Registration actions are carried out by any registration unit of the State Traffic Inspectorate of the Russian Federation, regardless of the place of residence and (or) registration at the place of residence of an individual or the place of registration and (or) location of a legal entity or its separate division. The time for which registration is carried out is determined by law - up to 3 hours. Only the period of stay of the applicant in the registrar's premises is taken into account.

The package of documents for a donation agreement (and all others) for registering the transfer of ownership of a car is as follows:

applicant's passport;
statement;
car passport;
deed of gift (download sample);
receipt;
insurance policy.

If there is a family connection, then documents confirming its existence are presented. The law allows registration of ownership of a car by power of attorney. The power of attorney must be executed in such a number of copies that one can be left with the registrar. The power of attorney is signed by the principal himself. Notarized power of attorney is allowed.

The cost of registering changes in the car's passport will be 350 rubles. Issuance of a new certificate – 500 rubles. Total registration costs – 850 rubles.

Options for canceling deed of gift

A donation agreement for a car can be canceled in court or pre-trial. The pre-trial scenario is allowed until the transfer of ownership is formalized - until the car is registered. For this, the desire of any of the parties to the transaction is sufficient. After entering the registration data, cancellation of the deed of gift is possible only in court.

The plaintiff may be the donor or a third party. In order for a third party to obtain enforceable rights, it is necessary that the gift agreement violates the rights of the third party. Often, the role of third parties is the relatives of the donor: a spouse or heirs who, as a result of the registration of a gift, have lost the right to property: part or all of the car.

To cancel the deed of gift, there must be grounds. If the plaintiff is the donor, then the reasons for going to court may be:

Any form of coercion to carry out a gratuitous transaction.
Misrepresentation, obtaining consent by exchange.
Causing harm to the donor or his relatives (close) by the recipient of the gift.
Violation of the procedural order of the transaction.
Incapacity of the donor/recipient.
The grounds prescribed by the provisions of the deed of gift.

In judicial practice, the most common use as a basis for action is recognition of the donor as an incompetent person. In this case, the guardians or heirs of the incapacitated donor have the right to file a claim. Heirs who will not benefit from the cancellation of the deed of gift, that is, those who will not be called to inherit, cannot file a claim.

Less common are cases of challenging a deed of gift due to the sham of the transaction. Examples of such options are situations when the donor makes a transaction not out of a desire to give a car, but in order to hide property from the creditor. Such gratuitous transactions are disputed by creditors if evidence of dishonest actions of the donor-debtor is revealed.

When should you give?

Analyzing the principles of drawing up a deed of gift for cars in Russia, it can be determined that the gift is most beneficial to the recipient of the gift if he is a close relative of the donor. Also, receiving property as a gift, and not by inheritance, makes the recipient the owner almost immediately after the transaction is completed - after registering the transfer of ownership of the car. When inheriting, you must wait until the death of the testator and the rebirth of the inheritance case (from 6 months).

Cancellation of a deed of gift is a complex procedure with a limited list of grounds. It is easier to challenge a purchase and sale transaction. And the will of the testator before his death can be changed without any restrictions at all. The simplicity of paperwork is another argument in favor of donation. It is enough to draw up an agreement in simple written form and register changes in the vehicle documentation. The disadvantage of donation is that the donor does not receive compensation in any form other than moral. It is also impossible to change your mind and return the car after registration.

Makarova Natalya Nikolaevna

Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

Deed of gift for a car between close relatives without a notary

To register a deed of gift for a car, you will need the passports of the parties to the transaction, PTS, STS

How to make a deed of gift for a car without a notary (no matter to whom: a relative, a friend, a stranger)?

Because a notarized certificate of donation of the car is not required; the parties to the transaction can skip this stage. A deed of gift is drawn up and signed (usually 3 copies). After transferring the car, it is necessary to register the transfer of ownership with the State Traffic Safety Inspectorate by providing a deed of gift not certified by a notary.