How to arrange the sale of a car. How to draw up a contract for the sale of a car

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How to arrange the sale of a car. How to draw up a contract for the sale of a car
How to arrange the sale of a car. How to draw up a contract for the sale of a car
Anonim

The procedure involving the purchase or sale of a vehicle is not only financially costly. It also implies the observance of several important nuances necessary for the official purchase of the car. In this article, we will talk about how to draw up a car purchase agreement.

Transformation of rules

In 2013, vehicle registration rules changed again. Amendments were also made to the procedure for re-registration of cars sold and bought on the secondary market.

The main innovation that makes life easier for both buyers and sellers is the absence of the need to deregister a car. That is, when concluding a contract of sale, you no longer need to go to the traffic police. Having discussed all the details with the buyer, you can immediately start processing documents.

You need to go to the traffic police only in one case - if you want to leave your license plates. In return, you will be given new ones with which the car will be sold. The old numbers will remain with you. They will be stored in the traffic police for six months, and when buying a new car, they can be picked up for installation. So, what needs to be done to transfer ownership of the car? It is necessary to draw up a contract for the sale of a car.

how to sell a car
how to sell a car

Deal execution

Until August 2009, a certificate-account was needed to conclude a deal. This document was a strict reporting form and was issued only by those organizations that were accredited. This is exactly what distinguishes the contract of sale from the certificate, which was valid for only five days. Since August, the amendments made to the rules for registration and registration of vehicles have come into force. Therefore, the certificate-account was abolished.

Now you can draw up a contract for the sale of a car (or its purchase) on the basis of the 30th chapter of the Civil Code of the Russian Federation. Moreover, it can be compiled both with the participation of intermediaries and without them. If an intermediary is nevertheless involved, then its role is to record the fact of the transaction, provide legal support, and also monitor the fulfillment of the terms of the contract by both parties. When it is drawn up, the seller independently enters the new owner into the TCP. After the transaction is completed, all original documents are kept by the intermediary. This can confirm the very fact of the agreement. Read below to find out where to sell your car.

draw up a contract for the sale of a car
draw up a contract for the sale of a car

List of documents

There are few of them: the passport of the seller, buyer and TCP. If the seller is not the owner of the car, then he must have a power of attorney for the sale, certified by a notary. The same applies to the buyer. If he does not purchase the vehicle for himself, then there must be a power of attorney for the purchase.

How to arrange the purchase and sale of a car

There are three ways: in a car commission shop, at a notary public or on your own. The last method is free (notary certification is not needed), the first two are paid.

sign a car sale agreement
sign a car sale agreement

Checkout at a thrift store

For this case, you will need a package of documents, including copies of TIN and PSRN, a contract of sale between the buyer and the store, a guarantee agreement between the seller and the store. All copies must be wet stamped. Some traffic police departments do not require these documents, but it is better to take them with you so that you do not have to return to the store later.

Notary registration

From the point of view of existing legislation, the contract does not require notarization. But in case of distrust of any of the parties, this specialist should be contacted. In such a situation, it will be more difficult for a negligent seller or buyer to challenge the verdict in court.

How to register a car sale at a notary? Just come to his office with the following documents: passports (both sides), title documents, title documents for the vehicle and an act of appraisal of the car (issued by the justice authorities or the organization that conducts maintenance). And, of course, do not run to the first specialist you come across. Pick your favorite from several.

how to properly sell a car
how to properly sell a car

Self clearance

Now you should not have a question about where to register the purchase and sale of a car. Consider the case of self-design.

The contract form can be filled out on a computer or by hand - it does not matter much. Though the first variant, of course, is more convenient. Moreover, it is easy to find a standard form on the Internet.

The type of vehicle must be indicated in the contract. Sometimes it happened that the inspector simply did not accept the documents, citing the absence of the word “car” in the document. It also indicates the number and series of the title, the date of its issue and the type of organization that issued this passport.

The seller signs on the first line at the end of the contract. The buyer does this on the second page.

The contract is drawn up in triplicate: two copies are taken by the buyer (for himself and the traffic police) and one remains with the seller.

The new rules state that only the new owner is responsible for re-registration of a vehicle. He must register the car for himself in 10 days. At the same time, the new owner must renew the old insurance policy or buy a new one.

how to buy a car for sale
how to buy a car for sale

Sale car by proxy

Those who know how to properly arrange the sale of a car will definitely find out if the intermediary has the authority to sell the car. To do this, carefully check his passport, car registration certificate and title.

Also, the representative must have a general power of attorney from the owner. Pay attention to the date (it may be overdue). Make sure the trustee has the right to receive the money.

Agreement with legal entities

If the seller (buyer) is a legal entity, then he needs a power of attorney from the organization to make transactions. The document must have a "wet" seal of the company and the signature of the head.

The contract of sale is the main document on the basis of which the relevant transactions are concluded. In principle, it can not be certified by a notary, but if there is a desire and extra money, then everything is in your hands. To avoid unwanted problems, take the procedure for signing the contract with all seriousness.

where to sell a car
where to sell a car

Taxes

Now you know how to process the sale of a car or its purchase. It remains to consider the last point - the payment of taxes.

The article has already mentioned that one copy of the contract remains with the seller. It will be required for tax reporting. If the seller has owned the car for less than three years, then by April 30 of the next year he must submit an income declaration. The tax is paid when three conditions occur:

  • Car sold for less than 250 thousand rubles.
  • The seller has owned it for less than three years.
  • There is no evidence that the car was purchased at or above the price shown.

For those who do not know how to arrange the sale of a car, we will tell you more about it. The amount of the tax deduction is 250,000 rubles. That is, if a car is sold for 249,000 rubles, then no tax is paid, but a zero (reporting) declaration must be submitted. Nothing needs to be paid if the car has been owned for more than three years.

If the price is more than 250 thousand, then the payment of tax depends on the following. When the car goes to the owner free of charge (as a gift or inheritance), it turns out that he did not spend money on its acquisition. Therefore, he cannot provide proof of expenses. In this case, the owner must pay the tax. For example, the car was sold for 300,000 rubles. We subtract from them a tax deduction (250 thousand) and get 50,000 rubles. The tax rate is calculated from this amount. Thirteen percent of 50 thousand is 6,500 rubles. If, for example, the car was bought for 400 thousand, and sold for 300, then the tax is not paid, since there is evidence of the amount of the purchased car.

where to buy a car
where to buy a car

Those who want to avoid paying taxes indicate the amount in the contract is much less than the actual one. It is better not to do this, because all the risks in this case fall on the buyer. If the contract is terminated by a court decision, the buyer will have to return the car. At the same time, he has the right to demand from the seller only the amount indicated in the contract. Verbal agreements play no role. And if the buyer motivates the price reduction by the desire to evade taxes, then the court may generally recognize the transaction as void. The basis for this is Article 169 of the Civil Code of the Russian Federation. Of course, the court recognizes the nullity of the transaction, taking into account all the circumstances, but it is better not to risk it. On the other hand, whether to make concessions or not, everyone must decide for themselves. Although most people do not attach importance to the price in the contract and prescribe it at random. Such negligence can lead to disastrous consequences.

We hope that now you will not have a question about how to arrange the sale of a car or its purchase. Good luck!

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