Agreement for donating a car to a minor child

Close people, as well as third-party individuals, are allowed to issue a deed of gift for a minor child. In modern realities, own real estate or other valuables are a guarantee of future stability, so many questions arise about registering a gift of property to a child.

The article will talk about the legislative regulation of the situation, the conditions for the transfer of ownership preferences, methods of carrying out the procedure, individual procedures for different registration options and other important aspects.

Legislative regulation of the issue

According to clause 2. Art. 17 of the Civil Code of the Russian Federation, from the moment of birth, all citizens are assigned legal capacity, implying the presence of preferences and the ability to bear responsibilities. It follows from this that the possession of this or that property is the preference of any person, regardless of his age. Therefore, the question of whether something can be given to an individual who has not reached the age of majority disappears by itself.

A child receiving something as a gift must have a birth certificate or passport. But under 18 years of age (in some cases up to 16), children do not have full legal capacity (responsibility for their actions) and for this reason, to legally complete a transaction, consent will be required, parents also need to be, or other legal representatives.

Is it possible to issue a deed of gift for a minor?

As noted above, you can give a car to a minor child, but the deed of gift will have legal force if a number of conditions are met.

There are three parties involved in the transaction:

• donor;
• gifted child;
• legal representatives of a minor (according to Article 28 of the Civil Code of the Russian Federation): mother, father, official guardians.

The deed of gift is signed by two parties: the one who transfers the car into the possession of a minor, and his legal representatives. A child can sign only when he reaches fourteen years of age with the consent of his parents.

If the car is owned by both spouses, the transaction will be invalid without the permission of the other party. When a single parent gives a car, he cannot sign on behalf of the donor and the child's representative at the same time. Then you should contact the guardianship authority; its employee will be authorized to carry out the operation.

Important! The donor is a legally capable person who is responsible for his actions and does not make financial or other demands on the child - the future owner of the car, otherwise the gift will not have a legal basis.

A minor will not be able to drive a vehicle independently. He will have such a right after turning eighteen years of age if he has a driver’s license. He can only ride in a car with an adult.

Purposes of registration for a child

A gift refers to the usual transfer of property preferences from one person to another on a free and unconditional basis.

As a rule, the object of the gift includes real estate that they wish to register in the name of children, with the following goals:

1. The desire to reduce the risk of property being obtained by unauthorized persons. For example, after the divorce of the spouses, everything jointly acquired will be divided in half and, by refusing his part, one of the spouses has the right to give it to his son or daughter.
2. Providing living space for subsequent residence.
3. Providing square meters to replace those previously alienated with the approval of the guardianship and trusteeship authorities.

If there are claims or demands from other interested parties for the apartment and registering it as a gift for the child, it will not only help provide the minor with housing, but also preserve it until the children reach a certain age. Since alienation will require the consent of the guardianship, which protects the interests of the child.

Moreover, donation is the only way to transfer prerogatives to children between relatives. Since according to clause 3. Art. 37 of the Civil Code of the Russian Federation, any other transactions are prohibited.

Benefits of registering a car for a child

As you already understand, registering a car in a child’s name has significant disadvantages (the difficulty of selling a car).

However, until January 1, 2021, this method also provided some benefits:

• fine cannot be imposed on a child under 16 years of age . So fines recorded by automatic cameras did not have to be paid.

Since from January 1, 2021 it is impossible to register a car for a child under 16 years of age, you will not be able to get any benefits.

Some drivers mistakenly believe that registering a car in the name of a minor will exempt them from paying transport tax , but this is not the case. The tax must be paid by the child's parents.

The same applies to compensation for damage caused during a traffic accident. It will not be possible to avoid it. If the car is driven by the child’s parent, then he will be responsible for the damage caused.

So there are no advantages to registering a car for a child in 2021; I do not recommend carrying out this procedure on your own initiative.

Subtleties by age

The procedure for registering a deed of gift differs somewhat depending on the age of the recipient:

• before the age of 14, the gift agreement for children is signed by representatives and their stay is not mandatory (Article 28 of the Civil Code of the Russian Federation);
• from 14 to 18 years of age, a minor has the right to undertake manipulations with the written approval of adults. The signatures of both the recipient and his benefactor are affixed to the corresponding document. The text of the agreement indicates the approval of the legal representative for the procedure.

An exception to the general requirements is the entry into full rights of an adult at the age of 16.

This is possible if:

1. The teenager is officially employed and provides for his own needs.
2. Entered into a marriage union.
3. He became self-employed and runs a successful business.

In addition, there is an exception for individuals eligible for registration. Thus, according to Article 185 of civil legislation, it is allowed to issue a power of attorney to carry out actions to the principal on behalf of a young individual.

How to sell a child's vehicle?

Young child (under 14 years old)

The sale of a vehicle belonging to a child under 14 years of age (minor) requires obtaining special permission from the guardianship and trusteeship authorities . This applies to all children, including those with two parents.

Article 28 of the Civil Code:

The rules provided for in paragraphs 2 and 3 of Article 37 of this Code apply to transactions of legal representatives of a minor with his property.

This article provides a link to Article 37 of the Civil Code of the Russian Federation:

2. The guardian does not have the right, without the prior permission of the guardianship and trusteeship body, to carry out, and the trustee does not have the right to consent to, transactions involving the alienation, including the exchange or donation of the ward’s property, leasing it (lease), for free use or as a pledge, transactions , entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other actions entailing a decrease in the property of the ward.

Thus, to sell a car to a child under 14 years of age, it is necessary to obtain permission from the guardianship and trusteeship authorities.

The authorization usually contains information that the proceeds from the sale of the minor's property must be transferred to the child's account . He will be able to use them only after reaching adulthood.

For example, if a child gets 1/4 of a car, then 1/4 of the sale price must be deposited into his account. The child's parents will not be able to use this money themselves.

Imagine the situation. The car was inherited by the child and his mother, 50% each. The mother takes her child to school in this car, but after a few years it becomes necessary to replace the car with a new one. It would be logical to sell the old car, add some money and buy a new car.

However, the mother will be forced to put half of the cost of the old car into the child’s account, so replacing the car may cause certain financial difficulties. The money from the sale, of course, will remain with the child. However, whether he will ultimately win is not entirely clear. After all, a new car for traveling to school could be more expensive and of higher quality if there were no restrictions.

If a child inherited a share of a car, it is not necessary to sell the entire car. The share of the minor can be bought by another heir, who will use the car. However, the transaction must again be approved by the guardianship authorities, and the money from the sale must be credited to the child’s account.

The same applies to a car that parents gave to a child under 14 years of age. The proceeds from the sale will need to be credited to the child’s account and will not be used to purchase a new car.

Please note that the guardianship and trusteeship authorities must indicate the specific amount that needs to be transferred to the child’s account. To calculate it, I recommend, on your own initiative, to conduct an independent assessment of the value of the car and contact the guardianship authorities with its results. Otherwise, they may, among other things, “calculate” the cost of the share, which will be greater than the market value of the entire car.

Minor child from 14 to 18 years old

Article 26 of the Civil Code:

1. Minors aged fourteen to eighteen years old make transactions, with the exception of those mentioned in paragraph 2 of this article, with the written consent of their legal representatives - parents, adoptive parents or guardian.

Unlike young children, minors (from 14 to 18 years old) can make transactions with the consent of their parents or other legal representatives.

In this case, permission from the guardianship and trusteeship authorities is not required.

In this case, it is best to formalize the parents’ consent to sell the car in writing and give it to the buyer. If traffic police officers have questions when registering a car, consent will help resolve them quickly.

The document can be prepared in simple written form.

Characteristics of a gift to a minor

The key difference between any process of donation and the usual sale of property is the transfer of the prerogative of ownership on an unpaid basis. Therefore, it is the deed of gift that is especially preferred among relatives.

However, for the validity of the operation when gifting such persons, the following features should be taken into account:

• the agreement cannot contain the ability to withdraw the subject of the gift back at any time;
• the text should not contain a requirement to provide any actions or services in exchange for receiving property;
• also, a promise to actually donate property cannot be recorded only after the death of the owner.

But the agreement may still contain certain conditions. When the donor indicates the occurrence of specific cases after which the property will be transferred as a gift:

1. Reaching a certain age. For example, 17 years old, the moment you graduate from school.
2. Excellent study for the specified time (from fifth to eleventh grade).
3. Successful admission to the institute.

The promise of a future gift is formalized by an ordinary written agreement signed by the potential recipient and his representatives, as well as the owner. Subsequent drawing up of a new agreement upon the occurrence of this event will not be required.

The new owner will be able to dispose of the gift upon reaching 18 years of age or another time prescribed in the text of the document - completion of studies at a university or driving a car without an accident or fines for 12 months or more. After confirming the occurrence of the case, authorized registry employees put a note on the certificate of ownership.

Procedure for registering a vehicle for a teenager

When deciding how to register a car for a teenager in 2020, you should refer to the Administrative Regulations approved by Order of the Ministry of Internal Affairs of Russia dated December 21, 2019 N 950. Paragraph 27.2.4 of the document reads:

If the owner of the vehicle is a citizen of the Russian Federation who has not reached the age of 16, his birth certificate must be additionally submitted.

Order of the Ministry of Internal Affairs of Russia dated December 21, 2019 N 950. Clause 27.2.4

In accordance with Art. 28 of the Civil Code of the Russian Federation, transactions can be made on behalf of children under 14 years of age by their parents (guardians, adoptive parents). Art. 26 of the Civil Code of the Russian Federation determines the possibility of transactions by teenagers from 14 to 18 years old only with the written consent of their parents.

The procedure for registering a car for a minor owner is similar to the usual registration, with the addition of providing the child’s birth certificate and the participation of parents in the form of written consent to complete the transaction.

Registration of a car for a minor in 2021 is carried out by submitting the following package of documents to the registration division of the State Traffic Safety Inspectorate (MREO):

• Russian Federation passport;
• PTS and STS (if any), documents for numbered units (if available);
• purchase and sale agreement (or other document on the basis of which ownership of the vehicle arose);
• application for vehicle registration (not issued in all branches, but often it can be obtained completed on site for an additional fee);
• written permission of a parent (guardian, adoptive parent) for the purchase of a car by a minor.

If you have any of the following documents, you must also provide them:

• Documents for numbered units;
• customs documents on the temporary import of vehicles for a period of more than six months (clause 27.4.4 of Order of the Ministry of Internal Affairs of Russia dated December 21, 2019 N 950);
• documents on the disposal of the vehicle (when restoring the registration of vehicles that were not actually disposed of, but had already been deregistered) (clause 27.4.7 of Order of the Ministry of Internal Affairs of Russia dated December 21, 2019 N 950);
• resolution of the investigative body and documents that are the basis for identifying the vehicle (for example, an expert opinion), in the situation of returning the vehicle after theft (clause 27.4.9 of Order of the Ministry of Internal Affairs of Russia dated December 21, 2019 N 950).

Important!

Please note that Order of the Ministry of Internal Affairs of Russia dated March 20, 2017 N 139 canceled:

• The right of traffic police officers to demand the presentation of a compulsory motor liability insurance policy upon registration - it is received as part of an electronic exchange (clause 15.6 of the order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605 is excluded);
• limiting the period of up to 10 days for obtaining the “TRANSIT” sign (clause 33 of Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001).

This does not mean that you may not have an issued MTPL policy, you just don’t need to provide it in paper form, traffic police officers will see it in the database.

It is useful to know that you can pre-register for the submission of documents for registration on the unified state and municipal portal https://www.gosuslugi.ru/10059/1. With this method of recording and paying state fees using the website, from January 1, 2021 to January 1, 2021, a 30 percent discount is established. Read more about registering a car through State Services in this article.

Independent registration of deed of gift

If you choose the approval method without a notary, you need to draw up the text of the agreement, seal it with the signatures of the parties and, together with the necessary documentation, go to the registration procedure at the registry office at your place of residence or MFC.

To correctly compose the text, it is better to contact qualified specialists, which will be optimal. Since any inaccuracy may lead to the return of documentation.

The text should indicate:

• personal information about the child;
• information about authorized persons;
• residential address of the donee and his parents;
• subject of the agreement (transfer of property as a gift);
• material about the object of alienation;
• preferences and obligations of participants in emerging legal relations;
• indicate possible encumbrances or restrictions;
• approval of the guardianship institution;
• procedure for resolving disputes.

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When describing the subject of transfer, it is necessary to record (for example, for an apartment):

1. Location.
2. Inventory number from the BTI.
3. Amount of residential footage.
4. Building material used in the construction of a high-rise building.
5. Commissioning time.
6. Type of heating system.
7. Number of internal enclosed spaces.
8. Type of layout.
9. Number of registered persons, information about them.

Implying the obligations of the giver, one should indicate the need to transfer the prescribed item at a set time upon the occurrence of recorded events free of charge.

The presence of registered individuals in the home will contribute to the refusal of approval of the transaction by the guardianship, therefore, before the procedure, it is more correct to register all individuals.

Both the father and mother of the child must be present when signing the agreement. An exception is the deprivation of parental rights of one of them.

Registration by a notary

When contacting a notary office, the cost of providing services will be included in the final price of registration and will amount to about 3,500 thousand rubles. In addition, you will need to pay a state fee (it is different for each case. Its size is determined by the price of the property being donated - from 0.3 to 0.5% of the total cost). Information about the required list of documents to provide to the notary should be clarified with the organization itself. The choice of institution is free and not tied to the place of residence or registration.

You can pick up a ready-made document indicating a change in property preferences from a notary or at a registry office.

When registering a transaction between close relatives, which includes:

1. Children.
2. Parents.
3. Grandmothers, grandfathers.
4. Grandchildren.

There is no requirement to pay the 13% income tax to the state treasury. If the gift comes from an outside party, the receiving party must bear the tax burden and registration costs.

Advantages and disadvantages

Registration of a deed of gift for a vehicle has its positive and negative sides. Conveniently, a minor child immediately becomes the owner of the car after signing the papers. The registration procedure is very simple and does not require significant financial costs. Mandatory certification at a notary office is not required. The donee has no material obligations to the donor. The likelihood that a third party will lay claim to the car is extremely low. But the donor can stipulate a number of conditions in the contract, indicating that the vehicle will be transferred to the new owner upon graduation from an educational institution or registration of an official marriage. Compliance with these clauses of the deed of gift is mandatory. This is indicated in one of the paragraphs in the document. If the conditions are not met, the contract may be terminated unilaterally. Another negative point is that when transferring a car to a non-close relative, the recipient will be required to pay tax on it.

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Guardianship approval

Having set the goal of obtaining permission for guardianship, you must take a number of steps:

• contact social security;
• wait for the final conclusion on the application (up to 60 days from the date of registration);
• obtain a resolution from the head of the local executive authority to carry out the transaction.

During the inspection process, employees evaluate the donated real estate according to the following items:

1. Existence of harmful living conditions.
2. Third Party Claims.

Thus, the transfer of a home in which a person with a contagious form of illness is registered and has preferential use will not be approved by a social institution. Since being in the same room with such an individual can cause serious damage to the child’s health.

This does not take into account the real intention of the donor to move the child into the living space. Employees evaluate only official factors and proceed from all possible options for the development of events in the future.

How to issue a gift deed for a child?

In order to complete a transaction in 2021, the following procedures must be completed:

• Prepare all necessary papers.
• Draw up a document on the gratuitous transfer of real estate.
• Have the contract certified by a notary company.
• Register the property to the new owner at the MFC.

It is noteworthy that the transaction itself does not require the intervention of the guardianship authorities if both parents of the child can attend it. If one of the parents cannot be present when signing the contract for any reason, it is important to notify the guardianship authorities about this.

What papers will need to be collected to donate real estate to a minor? It is important to collect a complete package of documents, which must include:

• Passports or other documents confirming the identity of the parties.
• Documents for property - extract from Rosreestr, BTI passport, technical passport and others.
• Consent of the child's trustees and guardianship authorities to conduct the transaction.
• Consent to donate housing to co-owners.

Many people are concerned about how this document will be drawn up correctly. When writing such a document, you must indicate the following:

• Place and time of signing the agreement.
• Title of the document.
• Parties' data.
• Characteristics of the object that acts as a gift.
• The price of real estate.
• Papers confirming the ownership of the donor.
• Information on the number of shares (if a share donation agreement is drawn up).
• Conditions (if an encumbrance agreement is signed).
• Signatures of the parties and date.

Donation agreement for a minor child - where can I get a sample valid for 2021? When contacting a law firm, the contract is drawn up by a qualified specialist. If you want to write it yourself, you can’t do without a good example. You can download the current document form on our website. Using the form from our resource, you can create a correct legal document.

Difficulties in making a gift to a person under 18 years of age

An agreement to gift property to a minor imposes certain restrictions. For example, you can no longer perform any actions with the property - transfer it to tenants for a while, change it or donate it. All actions will require permission from the Board of Trustees.

If a violation or infringement of the interests of children is revealed, the authorized institution has the right to initiate legal proceedings. Thus, Russia provides for the alienation of property to children, but the procedure has its own nuances that must be taken into account before the process begins.