Paradoxically, but as soon as it comes to the procedure for buying and selling a car, many people immediately run to print out the form of the contract of the same name and, without reading it, sign it, naively believing that their main mission has been completed on this, and now there is no “legal armor” something that will not break through, but not even a single bullet will touch. But if making a contract was as easy as making scrambled eggs, would the courts be overwhelmed with cases?
Therefore, before your hand reaches for the “print” button, it is necessary, as when building a house, to first lay a good foundation, and only then build a roof. We will study all the nuances in detail.
Administrative regulation of 2013 and its essence
On October 15, 2013, the Order of the Ministry of Internal Affairs of Russia dated August 7, 2013 No. 605 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for the registration of motor vehicles and trailers for them” came into force.
The document made significant changes to the procedure for registering vehicles with the traffic police when they are bought and sold between individuals.
The main innovation brought about by this law is the waiver of the requirement to de-register a vehicle prior to sale. In other words, the owner of a car, motorcycle or trailer can sell the vehicle under a sale and purchase agreement without contacting the traffic police and without receiving registration plates "TRANSIT".
According to the new regulation, a once registered car is not deregistered in principle, it is written off only when it is scrapped or sent abroad. The rest of the time the car is registered with someone, either on the previous or on the new owner.
An appeal to the traffic police will be required only if the owner decides to keep the previous state registration plates of the car being sold in order to subsequently install them on a new car. In this case, the traffic police will accept the old state registration plates and issue new ones, which the owner will install on the car being sold. The old signs will be stored in the traffic police for 180 days, and they can be obtained during this period for installation on a new car.
Thus, from October 15, 2013 the transaction of purchase and sale of the car takes place according to the scenario:
- The buyer and the seller sign an agreement - the new owner enters himself in the TCP, he also goes to the MREO, re-registers there in his name and receives a registration certificate.
- At the same time, you can leave the old rooms or order a set of new ones for 1000 rubles. If within 10 days from the date of execution of the contract for the sale of a car, the new owner does not contact the traffic police to make changes to the registration data, the previous car owner has the right to apply to the traffic police with an application to terminate the registration of the car. (clause 60.4 of the administrative regulations of the Ministry of Internal Affairs No. 605 of August 7, 2013).
The purchase of a vehicle has also become easier. Now you can register it in any registration unit of the traffic police throughout the Russian Federation, regardless of the registration of the owner at the place of residence or place of stay.
Possible problems
On the one hand, these innovations have simplified the previous procedure for selling a car, on the other hand, any medal has a downside. In practice, the absence of the owner's obligation to remove the car from the state register when buying and selling it leads to a violation of the rights of both the seller and the buyer, which occur both intentionally and without any "ulterior motive".
It is for this reason that you should not rush to conclude a contract immediately after you have seen your "swallow" and made sure that it is technically correct. To begin with, it is necessary to check the availability and authenticity of a number of documents for the car, which a bona fide seller should have.
The possibility of concluding a sales contract, the validity of the transaction and the ensuing legal consequences will depend on how carefully and competently you do this. Do not neglect the opportunity to carefully read the list of documents before concluding an agreement.
Verification of documents
A document proving the identity of the seller, namely a passport or driver's license. Necessary to identify the person demonstrating the car;
Vehicle registration certificate. It will be needed in order to:
- Set the name of the owner of the car. The owner of the car and the person showing you the car must be the same, otherwise there is a high probability that the dealer is standing in front of you, and this is a completely different story.
- Find out the year of manufacture of the car. It must be identical to the one specified in the ad. I think it makes sense that no one would want to buy an older car for the price of a newer one.
- Compare the vehicle's VIN on the certificate with the one on the vehicle. A unique body number will allow you to find out everything about the past of the car: real mileage, year of manufacture, damage, the fact that the car was in an accident, the date of the first registration, and even whether the car is pledged.
If in the previous two stages you have not yet had objective reasons to refuse to buy a particular car, then it's time to ask for the main document for the car, this is the vehicle passport.
Vehicle Passport
Number of car owners and how long they have owned the car. If you are not facing the first owner, but the first one who sold this car after a short ownership, there is a danger that you are dealing with a mortgage car.
Column "Special marks". It is present both on the front of the TCP and inside, near each field with a new owner.
If you notice in this field a note that this is a “duplicate vehicle passport”, you must carefully read the reason for which it was issued, and it must be indicated in the document. Among the possible options may be the replacement of a lost or worn-out PTS.
In the first case, you, as a potential buyer, need to be on your guard. If you buy a car older than 10 years, then you can still close your eyes to the fact of “loss of title”, but if the car is relatively or completely new, that is, up to 5 years, then you should think about whether the car was taken on credit and whether PTS in a bank?
The seller's excuses about the loss of the TCP are the most common. Well, judge for yourself: this is absolutely not the kind of document that can be easily lost, because you don’t carry it with you all the time, unlike a car registration certificate, since you are not required to present a title, for example, when stopped by traffic police. Therefore, the presence of a duplicate mark should raise doubts about the “cleanliness” of the machine.
Unfortunately, not everything is so simple with credit cars. Credit PTSka does not always contain a “duplicate” stamp. Purely theoretically, when buying a car on credit or when pledging a car for another loan, until the debt is paid in full, the car is considered the property of the bank, therefore the original PTS is most often with the pledgee. But it is not necessary that the original TCP will always be in the bank. Some banks do not withdraw the title and leave it with the owner; there is no single practice on this issue.
You should not write off the account and the opportunity to take this document for a while on receipt in order to restore, for example, a lost car registration certificate. Therefore, it would be useful to find out the reason for buying a car, it is indicated in the same column "Special Marks". According to the legal scheme, the purchase of a car is formalized by a sale and purchase agreement, and the purchase of a credit car takes place under an agency agreement.
Sometimes the entry “Vehicle sold under a commission agreement” is superimposed on the inscription “Special marks”, therefore, if you see an “unreadable” text, take a magnifying glass and carefully analyze what exactly is written there. Remember how conscientiously you treat the issue of “investigating” the history of the car, the final result of the transaction will depend.
If at the stage of checking documents no suspicious reasons were found that could serve as a basis for refusing to purchase a particular car, then it's time to “break through” the car through key electronic databases, information from which will make it possible to make a final decision on the need to conclude a sales contract .
Database check
The first and most important base is the traffic police base. In order to get information about the car, just go to the official website of the traffic police and go to the "car check" section. By driving in a VIN code that you are already familiar with, you can check the car for being wanted, as well as imposing other restrictions on registration actions with the vehicle you are purchasing.
Both buying and selling a car is a rather serious process. Both of these events are closely related - one buys, the other sells. And, unfortunately, there are enough scammers in the automotive market, the danger of running into them exists not only for the buyer, but also for the seller. And with the introduction of new rules for the transfer of car ownership, which have simplified this procedure, special attention should be paid to the sale of cars. Today we will talk about how to properly and safely sell a car according to the new rules.
Selling a car is usually not fast. First you need to find "your" buyer. Before putting a car up for sale, whether it is an Internet site or a car market, the so-called pre-sale preparation is carried out, which includes minor repairs, replacement of consumables, painting parts, getting rid of rust stains, washing the body and engine, cleaning the interior and etc.
In addition, it is necessary to prepare mentally - to find the official reason for the sale. In any case, the buyer will be interested in why the car is for sale, and it is necessary to find an answer that will not arouse particular suspicion. Although here it all depends on the buyer - someone is interested in the appearance, and someone will carefully listen to the engine noise. During the sale process, many times you will have to show the car to no avail and go for diagnostics at the expense of a potential buyer.
But when a real buyer who is really ready to buy a car has been found, and the sale price has been specifically determined and agreed upon by both parties, it's time to deal with the legal side of the issue, which, just the same, has been amended by law. Officials decided to simplify the purchase and sale procedure for motorists by reducing bureaucratic delays. Now, when selling a car, you do not need to remove it from the register, which is a definite plus for the seller. But at the same time, the risks of the buyer increase, who can detect some problems with the car only at the moment when he registers it with the nearest traffic police, which means that the property is already his property, and there is no escape from these problems. According to the simplified scheme of selling a car, all actions with registration are performed only by the buyer(and now he has 10 days to do this) - the seller has absolutely nothing to do with it. The seller's business is only to find this buyer, make a deal with him, receive money and transfer documents and keys. The remaining actions fall on the shoulders of the acquiring party. Thus, when selling a car, it is no longer required to deregister it, it is only necessary to conclude a legally competent contract for its sale.
The contract of sale of a car is the most important legal document that defines the relationship between the seller and the buyer regarding the vehicle, and on the basis of which the transfer of ownership takes place from one owner to another. Many people use outdated contract forms, while according to the new rules, its form should also be slightly changed. If you use old forms, you can draw up an agreement incorrectly, then it simply loses its legal force, and this is fraught with troubles and problems for both the buyer and the seller.
The contract is drawn up between the parties in a simple written/printed form, in two copies. Neither at the notary, nor anywhere else, you do not need to certify such a document.
The new car sale agreement states:
- The settlement where the contract is drawn up, the date of its preparation.
- Data of the parties, their passport data, registration data.
- The subject of sale and purchase: the car itself, where its full characteristics are indicated, according to the vehicle passport (model name, engine, body and chassis numbers, color, year of manufacture, l / s, kW, load capacity, etc.)
- Identification numbers and data of the vehicle passport.
- The total cost of the car, it is indicated in numbers and in words.
- The state number and data of the vehicle registration certificate can be entered as a separate clause in the contract at the request of the seller or buyer, but are not mandatory. The requirement to mandatory indicate these data in the contract by traffic police inspectors who re-register the vehicle is not legal.
When drawing up a contract, it is important to be guided by the principle of completeness of information, it must be exhaustive and not allowing any interpretations.
As for the physical execution of the contract of sale, its approximate form can be downloaded a little lower in this article. Most often, the form is left as it is, just fill in the necessary lines. But you can download the form in a format where there is editing, and add certain important and significant points. As a rule, one of the parties organizes the forms. As a piece of advice: after downloading the form, it is best to fill it out immediately, on a computer, and completely - both on one side and on the other. Different filling out of the contract is not allowed, it can be filled out:
- On the computer (fully printed version).
- By hand (filling in the data in the left lines with a ballpoint, capillary blue pen, filling in with a color other than blue (for example, black, red) is not allowed).
You need to fill out the document either in the first or in the second way. That is, it is impossible, for example, to print the data of one side on a computer, bring it to the other side, and she, in turn, fills in her data by hand. This should not be. It is best to make the contract completely in printed form, where only signatures will be affixed with a pen. If the lines of the contract are filled out by hand, then it is necessary to start writing from the very beginning of the line, and put a dash at the end to exclude any “writing” by unscrupulous parties. Also, when filling out a document with a pen, no blots and "misprints" are allowed.
We draw up an act of acceptance and transfer of the vehicle
It is also recommended to draw up between the parties an act of acceptance and transfer of the car, where the data of the seller (transferring party) and the buyer (receiving party), identification data of the vehicle are duplicated, and the place (settlement) and date of transfer are required. It is also important to indicate in the act the fact of the transfer of documents for the car and the keys to it to the buyer. Both parties sign this act, in duplicate, for the seller it is a confirming document that he really transferred the property along with keys and documents, and not just took money for the car. This action will protect the seller, in case of presentation of unreasonable claims to him.
Of course, you can do without the act of transfer of the object of sale. But then such clauses should be entered into the sales contract itself, where lines like “car handed over” and “car accepted” will go separately. It is also advisable to include a clause stating that the new owner has received a set of keys and documents. There are enough scammers on the part of buyers, so it’s better to protect yourself with similar clauses in the contract, or in a separate act. Ideally, you can also invite witnesses to the transfer of the car, who are not interested in this transaction.
Care should be taken when selling and about TCP. Concern about the compliance of this document with the rules falls entirely on the shoulders of the seller, as the actual owner of the car. The most important thing before the direct sale and conclusion of the contract is to make sure that there is enough space in the vehicle passport to make another entry indicating the change of ownership of the car. If there is no place, and, therefore, it will be impossible to make this entry, then the traffic police will refuse to re-register the car to a new person. Only the owner can make a new passport for the car, and the previous owner is the owner before re-registration, even if a sales contract is signed and the object is directly transferred to the new owner. If the traffic police refuses to register the buyer who purchased the property, then the latter will still be forced to contact the seller to make a new TCP. So these problems cannot be avoided. Therefore, a place in the vehicle passport should be taken care of in advance. If it doesn't exist, get a new one. If there is, then there is nothing to worry about.
If the seller or buyer is a third party
There are some special cases of buying and selling a car. These are cases where the buyer or seller is only a third party in the transaction. That is, either one or the other (or maybe both) act on behalf of someone else.
In this case, the presence of such a document as a power of attorney is required. And not just a power of attorney, but notarized. If the seller of the car is not its owner, then you should take care in advance of issuing a power of attorney, where the real owner will give the person the right to make any legal transactions with the vehicle on his behalf, including its sale. Such a document must be issued personally by the owner of the property before a notary. If there is one full name in the vehicle passport, and another name in the seller’s passport, then, in the absence of such a power of attorney, the sale transaction will be considered invalid.
The buyer, who subsequently will not be the owner of the car, should also acquire a power of attorney from the future owner, on whose behalf he acts. The full name of the buyer is entered into the purchase and sale agreement on the part of the buyer, but in the passport of the vehicle - the full name of the new owner of the car, to whom it will be issued.
Alexander:
3. The cost of OSAGO does not depend on where you will buy the policy. It is calculated depending on the place of your registration. within 10 days is possible.
4. Write the location where the transaction actually takes place.
5. You also need a vehicle passport (PTS).
Good luck on the roads!
hello, i have a question. when drawing up a contract of sale, I indicated the full name of the seller from the passport, but it (due to the change of surname - she got married) does not correspond to the full name on those passports ... what to do? will there be any problems with registration in the traffic police?
Will. The full name in the PTS must match the full name in the DCT.
Ekaterina-55
Hello! We buy a car in another region, we will change the numbers accordingly. When registering a car in the traffic police, an OSAGO policy is required. That is, the old numbers will be indicated in OSAGO?
Good afternoon, tell me how to step by step register the car for yourself with the registration of the sale and the presence of the seller directly at the traffic police, so that it acts as a guarantor, in which case. The seller does not have an OSAGO policy in force.
Ekaterina, Hello.
When buying OSAGO, it will indicate the old number. After changing the registration data and receiving new numbers, you should re-apply to the insurance company so that a new number is entered into the policy.
Good luck on the roads!
Scorp333, Hello.
Officially, the traffic police does not provide such services and cannot be a guarantor.
Good luck on the roads!
Hello! I bought a car but nothing was written in the TCP. Can the traffic police fill it out themselves?
the previous owner had to sign in the TCP (well, since you didn’t sign, what will you do), they fill in the rest in the traffic police themselves and you only sign as the new owner.
Hello! Please tell me, is it necessary to show the car for inspection at the traffic police? Is it necessary to have insurance to register a car with the traffic police?
Darya, Hello.
Buying insurance and inspecting the car are mandatory.
Good luck on the roads!
Maxim-136
Good afternoon! I bought a car under the PrEP, I haven’t registered it yet, if I register my thoughts for my wife, can I do this if the seller concluded the PrEP with me? Thanks.
Maksim, Hello.
To register a car for your wife, you need to draw up a contract of sale or a donation agreement between you and your spouse. At the same time, the traffic police will have to provide all existing agreements (DCT between the seller and you, DCT between you and your wife).
Good luck on the roads!
Good afternoon, I'm buying a car through a friend, I'm in another city. What is the best way to make a purchase, a friend will issue a dkp for himself and then give it to me or in another way?
Hello, Linar.
1. If your friend first buys a car and then sells it to you for the same amount, then at the beginning of next year he will have to file a tax return. There is no need to pay tax.
2. You can make a notarized power of attorney, in the text of which you allow a friend to purchase a car on your behalf. In this case, the friend will sign the contract on your behalf.
3. Can negotiate with friend and seller as follows. You draw up, sign and send to a friend. After that, the seller signs the contract, and the friend gives him the money.
Choose the option that is more convenient.
Good luck on the roads!
Mikhail-150
I work 4/4 shifts. I earn, in principle, normally, I do not complain. But six months ago, my wife and I had a second child and the money was not quite enough. My wife is on maternity leave, so I decided that I needed to find some kind of alternative part-time job that I could combine with my main job and not fall off my feet. Decided that taxiing is a great solution. It remains only to buy an inexpensive car, the most suitable for this. Long searched the internet for a normal car. As you understand, I bought a car there, which was suitable for the unstable life of a taxi driver. Everything went well. Documents are in order. Surprisingly, I'm happy.
So, the story about how you either bought a patent, entered into an agreement with some gang for the provision of dispatching services, how you registered in some database, when will it be?
Good day!
Say I’m buying a car from a person who didn’t register it and drove without it, as a result, the numbers and certificate were seized.
What are the options to register it with the traffic police, there is no insurance and technical inspection.
Oleg, Hello.
If the documents and numbers are seized precisely because the new owner did not register the car, then there will be no special problems.
When contacting the traffic police, you will need your contract of sale, as well as the original contract between the previous owners. OSAGO You can buy on the basis of TCP.
Good luck on the roads!
That is, in your opinion, money can be paid before receiving the car? Or immediately after registration of the DCT - is it safe for the buyer? You know, I don’t want to throw away almost a million))) And I like the car so much and passes through all the bases (even the mileage is not twisted))), which is already strange)
Paul, theoretically, you can agree with the seller, for example, that you will transfer money to him in a day / week / month and draw up this period in the contract. However, the seller is also parting with a million (in the form of a car), so it is unlikely that he will agree. Because the likelihood of running into a scammer on the part of the buyer also exists.
What danger do you see in transferring money?
Sergey-583
Good afternoon! The wife under the contract gives me a car (2012 onwards). In OSAGO (05/04/2018, fresh) we are entered together.
1. To register with the traffic police, do I need to re-register OSAGO or can I do this after registration?
Thanks in advance for your reply, Sergey.
Sergei, Hello.
1. For registration, you will need a new OSAGO policy, where you will be indicated as the owner of the vehicle.
2. It's possible. Numbers are currently saved by default, unless you flag on your application that you need other numbers. Please note that the numbers must not be damaged.
Good luck on the roads!
1. I am buying a car. If he already has an OSAGO policy (for an unlimited number of persons admitted to driving a vehicle) and a diagnostic card for this year, is it possible not to buy a new OSAGO policy or is it mandatory?
2. If there is no more space left in the vehicle passport for entering new owners. Is it possible that not the seller, but the buyer (so that the seller does not dangle once again) the car went to the traffic police with all the documents of the old TCP and there he would be given a new TCP with all the changes?
1. A new policy is needed, where the new owner will be indicated as the insured. Theoretically, the insured can apply to the UK to make changes to the current policy, namely, change the owner.
Hello! I am the owner of a car driven by my ex-husband, while driving for a long time without taking out insurance, without any OSAGO policy at all. I want to sell him a car. The fact that at the same time he will have to buy an OSAGO policy, where he will be the owner, is understandable. But we won't be able to close the deal if the car isn't insured before the sale, right? Can I get an OSAGO policy for a certain minimum period in order to save money? For example, for a month or a week?
Julia, Hello.
But we won't be able to close the deal if the car isn't insured before the sale, right?
The presence of insurance from the previous owner does not matter in this case. You can sell a car without OSAGO. Those. You don't need to take out insurance. Just fill in.
Good luck on the roads!
Hello! I am a citizen of Kazakhstan, I am in Moscow ... I want to buy a car and register it for my sister, a citizen of the Russian Federation, who now lives in Kazakhstan ... can I do this by proxy written there and where to get a sample? In the future, I'm going to go to Kazakhstan on this car! Thanks for the answer!
Zhenya, Hello.
Good luck on the roads!
And can you clarify why, in this case, a notarized power of attorney would be needed? Why not handwritten?
wowick, Thank you for your comment. You are right, a handwritten power of attorney is suitable for this transaction, it is not necessary to contact a notary.
Good luck on the roads!
Sergey-721
All articles
To know how to sell a car under the new rules, you need to remember a certain procedure, be attentive to details and take into account a few nuances. We will talk about this in our material.
How to sell a car according to the new rules
To successfully sell a used car, take 6 rules on a pencil:
- prepare a DKP (purchase and sale agreement) in triplicate: for yourself, the buyer and road inspectors;
- check the documents for the car;
- indicate your data, the buyer and the car in the contract using a computer or manually;
- sign the DCT and make sure that the buyer's signature is there;
- Give a car, in return - get money;
- Prepare a tax return (if necessary).
Now let's look at each item in detail.
Preparation of contract copies
The new rules for selling a car allow you to sell a car using PrEP. The risks are minimal, the procedure is not time-consuming - fill out the form in 5-10 minutes. The contract does not need to be notarized. The only thing, for reinsurance, print out the certificate of acceptance and transfer of the vehicle along with the DCT. This document will help prove that you really transferred the car.
Experts do not advise drawing up a contract on your own - you can make mistakes or skip paragraphs. It is better to immediately download the current form on the network. Prepare 3 copies: leave one for the buyer, give the other to the traffic police (for re-registration), keep the third for yourself. If only you have the contract, it will take a lot of time to justify yourself before the traffic inspectorate or even the court. For example, it will be difficult to prove that it was not you who drove in the neighboring area at a speed of 150 km / h.
Verification of documents
Make sure that you have all the documents on hand - PTS, STS, OSAGO policy, as well as a power of attorney if you are not the owner of the car. If the TCP is lost - spend time and money on restoration and eventually get a duplicate - the transaction may not take place. It is easier with OSAGO and a certificate, but it will also take time.
If there is no space for a new entry in the vehicle passport, update the document before the conclusion of the PrEP. If you do this through public services, you will save 30% of the amount of the fee: you will pay only 595 rubles for issuing a new STS, making changes to the owner’s data. Or find out the details of the traffic police on the website of the traffic inspectorate, but then the alteration of documents will cost more.
Registration of DKP
To formalize the sale of a car under the new rules, the seller needs to provide a passport, STS and PTS to the traffic police. If you are not the owner of the car, the owner must write a power of attorney for you.
How to write
Fill out the contract form completely, preferably with a blue pen. Do not shorten words, write without errors and blots. Put dashes in empty columns.
What to write
Be sure to indicate the exact date of the conclusion of the contract. Write down the mileage at the time of sale and the exact time when the car was handed over to the new owner - so protect yourself from a dishonest buyer or just a reckless driver who became the new owner of your iron horse. Display the technical features of the machine, such as all-wheel drive. If the new owner tries to “shake off” money from you for the non-compliance of the technical specifications with the declared ones, you will have a document stating the opposite.
Where to issue
The safest way to sell a used car in 2020 is to visit the traffic police. Go to the MREO together with the buyer - you can issue a DCT and transfer documents for the car there. At the same time, you will check that the car is registered again, and now it has a different owner.
What to expect
Often, new car owners take a long time to register the car. If the buyer has not re-registered the car within 30 days, contact the traffic inspectorate. There, file an application for termination of registration of the vehicle, because. don't know where he is. To draw up a document, grab a passport.
If the buyer does not show up, you can remove the car from the register. In this case, the car is subject to disposal, and driving such a car is fraught with a fine.
Signatures in the contract
Make sure that the new owner of the car has put his signature on all copies of the contract. If you missed it somewhere, the traffic police may have questions. By signing, the buyer confirms that he bought your car and is now the legal owner. Your signature is a sign that you handed over the car and received the money. If there is no signature in at least one of the copies, the court may invalidate the transaction. This will turn into serious problems for you if the buyer of the car, for example, provoked an accident and fled. He can claim that you forged his signature, and then you will get not only a “bucket” that needs to be repaired, but also problems with the law.
Receiving the money
The rules for buying and selling a car imply, of course, the exchange of a car for money. As a rule, this happens as follows: in the contract you prescribe the amount for which you give the car. Many sellers make it smaller than the real one to avoid taxes. For example, the car cost 190 thousand rubles, and the seller writes in the contract 140. Accordingly, when terminating the transaction, they pay the buyer less than it actually was. It's wrong, illegal, but it happens often. Moreover, 99 out of 100 buyers will not go to prove that they bought a car for more than it is written in the DCT.
When you have received the money, put it in a small bag or other inconspicuous place. No one should know that you have a large amount of money with you.
Give the buyer the keys, the OSAGO policy (if it is still valid), PTS, STS, service book (if available). Ready!
Preparation of a tax return
First, let's figure out in which cases it is not necessary to draw up a declaration:
- if the car has been owned for more than 3 years;
- the price of a car upon sale is 250 thousand rubles or less;
- the car was sold for the same money that was bought, or cheaper.
For example, you drove a car for 2 years, after which you sold it for 500 thousand. The difference between this amount and the established tax deduction of 250 thousand rubles will be taxed. We believe:
500 - 250 = 250 tr.
In your tax return, write:
- make, model of car
- body type
- state number at the time of sale
- year of issue
- your full name
Fill out the tax return and submit it to the IFTS from January 1 to April 30 of the year following the year the car was sold. So, if you sold the car on August 15, 2017, submit the declaration no earlier than 4 months later.
To the declaration, attach the DCT and a certificate from the traffic inspectorate, which contains information about the car and the amount of the transaction.
According to the tax receipt, pay the amount indicated in the declaration at the bank no later than July 15 of the year in which the declaration was submitted.
The rules for selling a car also include the seller's confidence in the cleanliness of the car - external and legal.
You can check the car online using the Autocode service. Perhaps the report will show problems that you were not aware of. For example, you will see information about the seizure, the date the car loan was issued. Or you will find out that the previous owner “hangs” several fines, the mileage is twisted, or the car is stolen altogether.
If the history of the car is "clean" - show the results of the online check to the buyer. This will build trust in you and the car, and help you sell your car for a higher price.
If there is absolutely no time to visit a car service and find out the technical condition of the car, attract an on-site check "Autocode". You can do this shortly before meeting with the buyer. Leave a request on the website or in the mobile application, and then tell the specialist a convenient place and time for the meeting.
The field master will assess the condition of the suspension, engine and other components, check the geometry of the body, paintwork, analyze the operation of the battery and sensors. A specialist will definitely evaluate the interior, track signs of twisted mileage or exploded airbags. Also, the master will drive a few hundred meters by car and thus check for problems in the chassis, steering, and brake system. The price of a detailed check using professional equipment is from 2600 rubles.
The rules for selling a car are the same for everyone. A conscientious seller will make sure that the buyer has a positive opinion about the previous owner of the car. If you don’t know about any problems, and the new owner of the car realizes that he bought a “bucket”, he will blame you for cheating. Or the buyer will be dishonest and say that he found repainted parts after an accident, although he himself became a participant in it. Make sure that the car has no "pitfalls", that it is technically sound. And then sell with a clear conscience.
How to sell a car
In 2016, new rules for the sale of cars came into force, which led to major changes in the legislation.
The norms are set in such a way that many of the existing methods of fraud are now irrelevant. You need to have an idea about these innovations in order to protect yourself when buying and selling a car.
Below we will consider the procedure and features of registration of a car for sale.
The vehicle can be transferred to another person as the subject of a transaction in two ways:
- Standard sales transaction and – the parties enter into an agreement between themselves in a simple written form.
- General power of attorney- a previously common method of transferring a vehicle into ownership. However, at the moment it has many nuances and pitfalls, so buying a car with a general power of attorney is highly discouraged.
The procedure for buying and selling a car
Before concluding a deal, you need to find out if the previous owner is going to keep the old license plates. If yes, then he must write an application of the established form to the traffic police department, where the vehicle will be re-registered.
The parties can then proceed directly to the execution of the transaction.
The main documentary evidence of the sale or purchase of a car. According to the latest changes in civil law, this type of transaction does not require notarization, the transaction is concluded in a simple written form.
The new rules do not impose any restrictions on the frequency and time of purchase and sale, so that any person can enter into any number of transactions during the year.
The law does not establish the obligation to legally fix the contract, however, the representation of a lawyer in this transaction will significantly save resources and protect against most possible nuances.
For the full execution of documents, the owner will need the following package of documents:
- registration certificate
- passport of a citizen of the Russian Federation.
The buyer will have to present his passport of a citizen of the Russian Federation, as well as purchase an OSAGO policy. However, there is a small nuance with the compulsory insurance policy - the law allows you to enter the buyer's data into the seller's existing policy, if such an operation is provided for by the type of policy.
After that, the parties draw up a contract of sale with an act of acceptance and transfer of the vehicle in triplicate.
The buyer and the seller keep one copy for themselves, and the third is provided to the traffic police for registration of the vehicle. Information about the buyer is entered in the TCP.
The law does not establish special requirements for drawing up a contract of sale, it must comply with generally accepted rules for document management.
When filling out the contract, you should pay attention to the following points:
- The contract should contain as much information as possible about the vehicle, including its documents - registration certificate and title. This is due to the simplification of the procedure for the removal / registration
- The cost of the car is indicated in number and in words
- Terms of transfer of the vehicle from the moment of conclusion of the contract
- List of documents and items provided with the car (for example, spare tires, car alarm key fob, etc.).
Vehicle registration
The need for follow-up falls entirely on the shoulders of its buyer. He is obliged, within no more than ten days from the date of conclusion of the contract, to contact the MREO traffic police department and go through the registration procedure.
It will require the following package of documents:
- Application for re-registration of the vehicle
- Registration certificate
- OSAGO policy
- Signed copy of the contract
- Receipt for payment of the state duty for the Title in the amount of 200 rubles, for the payment of the fee for the registration certificate in the amount of 300 rubles, for the payment of the fee for license plates in the amount of 1500 rubles. If the old signs are left on the vehicle, then this duty is not required to be paid.
After that, the traffic police officer must inspect the car, and the inspector must accept the application.
After that, the new owner receives back the Title with a seal from the MREO, registration certificate and license plates, if new ones are needed. One of the copies of the contract remains in the traffic police department.
Cancellation of transit numbers
Since January 1, 2016, the rules for removing / registering a vehicle have changed. This is due to the fact that now the possibility of using transit numbers when transferring a car to avoid paying taxes has been abolished.
With the new law, it will be possible to drive on temporary license plates only to avoid customs clearance or in case. Now registration is carried out immediately after the deregistration of the car in the traffic police.
This allows not only to reduce the time spent on going through all the bureaucratic procedures provided for by law, but also makes it possible to keep the car numbers of the previous owner.
These changes equally affect the interests of car dealerships that used to use transit numbers, as well as ordinary individuals who want to buy or sell a used car.
Some additional nuances
If there is no space in the TCP to record the new owner, the document should be replaced in advance before concluding a sales contract. The cost of this service is 500 rubles.
Payment of fees can be made at a bank or some payment terminals - the details for the operation are specified on the website of the traffic police or directly at the branch.
Also, according to the new rules for the sale of a car, the contract must necessarily have an exact indication of the date of its conclusion. The transfer of the car should also take place only on the basis of the contract.
Cars purchased before 2012 are required to contain a mark in the PTS that the recycling fee has been paid - in the absence of this information, fines may fall on the new owner of the vehicle, or the sales contract may not be accepted by the traffic police.
It should be noted that the services of commercial MREO are no longer mandatory, so you can only pay state fees. The inspector is obliged to accept independently completed documents if they comply with the established standards.
