Car as a gift. Legal technicalities

His vehicle you can give, and if necessary to give this deal a notarial form. To this end, the donor vehicle and the donee will be required to appear before a notary public with passports and submit the following documents: - the act of assessing the car, and a copy of the license confirming the right of enterprises to assess the vehicles - vehicle registration document (TCP) - Certificate of registration of vehicle funds or technical certificate of the old sample. If the car was purchased in a joint married, then you must also submit a notarized consent of the spouse to sign the treaty, or the spouse is a person to a notary to give such consent. Consent of the donee spouse is not required. Following certification of the transaction agreement must be registered with the traffic police. For confirmation of the donation contract vehicle will be charged by the notary tariff rate from 1,5% to 2,5% of the amount specified in the act of evaluation of the vehicle. But if the parties evaluate the car on the amount greater than stated in the tariff charged to a larger amount. In this case, you should be aware that, in accordance with the Law "On the succession tax or donation" notary must inform the tax authorities information about the transaction of giving and the tax inspector will call the new owner of the vehicle for the payment of tax for motor vehicle transformed into a donation. Exempt from taxation only the spouses and the disabled groups I and II. This tax must be paid not later than three months. Following a written request may be granted installment of tax payment, but no more than two years. Also be exempt from taxation the sum of 85 minimum wages. For children and parents tax rate is 3% of the value of the vehicle, for others - 10%. Tax will be calculated from the assessed value of the car, but if the contract specified the sum is greater than in the act of evaluation, with the amount specified in the contract. Not allowed donation of vehicles (in accordance with Civil Code): 1) on behalf of minors and the citizens found incompetent, their legal representatives, 2) medical professionals, educational institutions, institutions of social protection and other similar institutions, citizens residing in them treatment, maintenance or education, spouses and relatives of these citizens, and 3) civil servants and employees of municipal bodies in connection with their official position, or in connection with their official duties, and 4) in the relations between commercial entities. There is a limit of donation: 1. Legal person to whom a thing belongs to the right of economic management or operational management, the right to present her with the consent of the owner, unless otherwise provided by law. 2. Gifting property in joint ownership to ¬ embarks upon consent of all participants of joint ownership. Donation contract may be concluded by proxy. In this case, the power of attorney must indicate the donee and the subject of donations, otherwise the power of attorney will have no legal force. In accordance with the rules of registration of auto, mototransportnyh vehicles and trailers in the traffic police, the owner or his authorized representative shall be obliged to withdraw the tool from the register at the place of registration and before the conclusion of the transaction for the disposal of the vehicle. Giver has the right to cancel the donation if the donee has made an attempt on his life, the life of someone from his family members or close relatives, or intentionally caused bodily harm to the donor. In the case of intentional deprivation of life, the donor by the donee the right to require the court cancel the gift belongs to the heirs of the donor. Just giver is entitled to request a court order revocation of donation, the donee if the treatment with the gift thing, representing the donor's great for property values, threatening its irretrievable loss. At the request of an interested person the court may cancel the grant, committed by an individual entrepreneur or legal entity in violation of the provisions of the Law on Insolvency (Bankruptcy) of the funds related to his business activities during the six months preceding the announcement of such a person as insolvent (bankrupt). Damage to life, health or property by the donee of a citizen as a result of deficiencies donated car, non-refundable donor in accordance with the rules provided by the Civil Code, if it is proved that these defects arose before the transfer of items to the donee, not among the explicit and the donor, even though he knew about them, warned them about the donee. We also recommend you read our article The car as a gift