Re-registration of a car in a year: to another owner, relative, what documents are needed

Is it possible to re-register a car to another owner in 2021?

Yes, you can. But to do this, you will have to transfer it into ownership to this person. Alas, there are no other ways. There are only variations of this re-registration method.

But here it is necessary to distinguish what is meant by such re-registration and why it is needed:

if you want another person to formally (and actually) be the owner of the car, then this is done through a purchase and sale agreement, gift or exchange,
if you need to re-register a car with the traffic police to another person, then without the option in the paragraph above this is impossible.

Thus, in order to re-register a car to another owner at the State Traffic Inspectorate, you will have to change the owner of the car through purchase and sale (or donation), because it is registered exclusively with the owner... Although there are a number of exceptions to this rule, which we will talk about a little below.

Therefore, below we will consider re-registration to another person, since it will necessarily include in almost all cases a change in owner.

A non-working way that could be the fastest

To understand it, we need to gain new knowledge. The fact is that in the legislation on vehicle registration in 2021 there are clear differences between 2 terms:

the owner of the car is, in fact, its owner, to whom it belongs by right of contract, inheritance, and so on,
the owner of a car is not necessarily the owner, but a person who currently owns it on a trust basis from the owner (manages, rents, stores, and so on).

This is prescribed, in particular, by the relevant law in Article 4, defining the owner.

So, the requirement for a written power of attorney was abolished a long time ago.

And now the most important thing! Paragraph 2 of the Government of the Russian Federation No. 1764, issued in pursuance of the law on registration, indicates that cars are registered with the owners, with the exceptions when they are registered with the owners to whom they belong:

on the right of economic ownership,
on the right of operational management,
under a leasing agreement.

There is another option - if the owner is a minor, then the car is registered in the name of one of his parents or guardians.

That is, to answer the question of whether we can re-register a car in the name of another person, we need to find out how we can transfer it under the right of ownership or operational management to another owner so that he can re-register it in his name with the traffic police.

We are not talking about leasing, simply because we cannot transfer the car to another person, but only to a legal entity.

What are the risks?

Everything is simple here. Since you are alienating your car, the new owner can do whatever he wants with it. Even if you have a power of attorney for any actions with the car, the main risk lies in the fact that the owner of the car is another person. For example, even if you have the right to sell a vehicle, you are required to transfer the proceeds to the owner with a receipt for such transfer.

Thus, you must trust such a person 100% or more. But even in this case, we really do not recommend getting involved in this venture, unless the game is worth the candle, of course.

In general, the possible harmful consequences of such a scheme for you are as follows:

all the risks arising from the formal transfer of ownership of the car to another person,
fines from photo recording cameras will be sent to the new owner - he may get tired of it; he also faces the risk of harsher punishments in some cases if he has previously issued fines,
If you flee the scene of an accident and the license plate number of the car is known, the new owner will be responsible for the consequences of the accident as the owner of the source of increased danger.

Of course, the main risk here remains the same - you can actually lose your car at the first whim of the person for whom you registered it.

Nuances when re-registering a vehicle

Current legislation freed owners from the need to deregister their car. After transferring ownership rights, the new owner must register the car in his own name if he plans to use personal transport within the country. When exporting abroad, you will need to obtain transit numbers for registration.

Car from another region

The domestic legislative framework, by order No. 605, issued by the Ministry of Internal Affairs of the Russian Federation, secured the right of Russian citizens to operate a car in any region. Territorial affiliation, due to which owners had to obtain a fictitious or temporary residence permit to register a car, has lost its significance.

According to the regulations that came into force in 2013, the procedure can be carried out in a city, town, district center or other locality. A prerequisite is the presence of a valid MREO conclusion.

Procedure for switching to HBO

When changes in the design of personal transport caused by the installation of gas equipment, the information in the traffic police database is corrected if the installation is not provided for in the technical documentation. In cases where HBO added equipment to vehicles before 2015, owners are not required to register structural transformations.

According to the requirements of clause 4 of Order of the Ministry of Internal Affairs No. 1001, the owner of the car is given a 10-day period to contact the traffic police to formalize the changes. The legislation of the Russian Federation prohibits driving a vehicle with unregistered gas equipment.

Re-registration for legal entities

It differs from the procedure described in previous sections, intended for the civilian population owning transport, in the list of required papers. To re-register a car that has become the property of a legal entity, the standard package of documents is supplemented with:

a certificate certifying the fact that a municipal or commercial organization has been registered with the tax service and entered data into the register of payers;
a power of attorney for a company representative with a specified list of powers;
an extract from the Unified State Register of Legal Entities confirming the state registration of a legal entity;
attorney's passport;
MTPL insurance certificate.

Is it possible to avoid what we want to avoid?

It all depends on why exactly you want to transfer the car to another person. Let's look at the most common cases.

If the car is a loan?

Then you have no right to alienate the car at all, but only if we are talking about a car loan - that is, if the car is collateral.

Thus, if you do not pay the loan and by re-registering the car you want to avoid the fact that it will simply be taken away from you, then you will not be able to do this. Let's start with the fact that the bank cannot simply take away its collateral - only by a court decision. We discussed this subtlety separately in a special article. And, if there is a court decision, then with a high degree of probability there will be a recognition of your purchase and sale agreement as void, and an obligation to return the car to the bank.

What if the car can be repossessed for debt?

This is a more general reason for re-registration. When, for example, it is not the bank that requires collateral, but the car can be sold to pay off your other debts by bailiffs.

Here, too, the contract may be considered fictitious. If the court sees your fraud - that you deliberately got rid of property in order not to pay debts, then the deal will be canceled by the court.

If the car is used by another owner?

Your car is driven mostly by another driver, and you continue to receive fines from traffic police cameras and pay transport tax? Then re-registering the car to this driver would be reasonable, but, unfortunately, again impossible due to restrictions in the 2021 legislation.

The solution is simple! If it is a stranger, let him buy from you and become the owner of the car. If you are a relative, you can give it to him. In both cases, you will save yourself from fines, taxes and other risks.

To write off traffic fines or taxes?

Many car owners, having retired or disabled relatives, friends or acquaintances, prefer to re-register the car in their name for one or all of the following purposes:

some categories of citizens have benefits on the transport tax rate - that is, by re-registering a car, for example, as a veteran’s, you can pay less to the state,
some drivers believe that in this way they can avoid fines,
Still others need to register a car for a disabled person in order to have the right to park in the parking spaces reserved for them.

So, the first and third options may work - however, all the risks remaining due to the fact that the owner will be another person remain. Therefore, it is highly advisable to re-register the car not in the name of a stranger (even your best friend’s grandmother or second cousin’s great-grandfather), but in the name of your closest relative.

But it will not be possible to avoid fines - no benefits are provided for them for certain categories of citizens.

Expert opinion

Yuri Panchenko

Driving instructor, human rights activist, author of books. 10 years of experience.

Re-registering a car to another owner in order to evade taxes or to prevent the car from being repossessed for debt is always potentially dangerous. In the event of the death of the fictitious owner, a purchase and sale agreement is deliberately drawn up so that the real owner can return the car to himself at any time. This agreement is completely completed and signed, but only the date is missing.

It would seem that it would be easier for the real owner to enter the date at any time and return the car? But it doesn't always work. For example, if the fictitious owner was at that time in a state of insanity, then it would not be difficult for his relatives to recognize the contract as void and keep the car.

Ask a Question

Is it possible to carry out the procedure without deregistering the vehicle?

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).

Is it permissible to re-register a vehicle in the name of a wife if she does not have a license?

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.

How much does it cost? State duties

So, if you still decide to re-register the car to another person, then we have one more reason to dissuade you (we don’t do this on purpose, of course, but alas, these are the facts of the law!).

It is expensive, also because you will have to sell or donate the car. And consists of the following expense items:

state duty for replacing the registration certificate – 500 rubles,
state duty for changes to the vehicle title is 350 rubles (if you do not have a vehicle passport or there is no space in it, then the cost of producing a duplicate will be 800 rubles),
The biggest expense is MTPL insurance; its cost varies greatly depending on a number of factors, and can average from 3 to 10 thousand rubles.

But that's not all the expenses. Situationally, the following may occur.

The most expensive thing is MTPL insurance

Above we have indicated its approximate price. The policy is mandatory for registering the car with the new owner.

But if you have a long enough time left to use your car (for example, you issued an MTPL on January 10, 2021, and on January 20 you already re-registered the car to another person), then you can return part of the money.

The calculation here is approximately this: the percentage of the unused OSAGO period from the full cost of insurance (paid by you) minus the fixed 23% - these are the expenses of the insurance company itself, which are not refundable.

Subtlety with license plates

Even if you have cars with license plates, the inspector of the registration department of the traffic police can force you to change them in one case - if the registration region of the very other person for whom you are re-registering the car is different from yours. Such new rules were introduced not so long ago.

And also, even if your regions of residence coincide, the license plates must be in perfect condition for re-registration, so you may have to make a duplicate of them (about 800-1500 rubles additional).

And once again about tax!

Only now it’s not about transport, but about income. You may have the burden of paying 13% of the cost of the car specified in the contract under the following conditions (if all of them are met):

if you have owned the car for less than 3 years,
if you purchased the car for less than you are selling (or you do not have evidence of the cost of its acquisition).

Something else useful for you:

Is it possible to deregister a car that is pledged to the bank?
You bought a car and didn’t register it – can you sell it and how?
Does the car seller need to be present at the traffic police office when registering?

Advantages and disadvantages of a general power of attorney

An important advantage is the ability not to delay re-registration deadlines if the buyer is unable to participate in the process. A general power of attorney gives authority to dispose of property without the presence of the owner.

The negative aspects of registering a general power of attorney include:

High price. Often they require a notarized document; the cost of registration depends on the notary office;
Risk of fraud. Despite the fact that most car owners choose a trusted person responsibly, there are cases of fraud. It will be difficult to resolve the issue in your favor if a power of attorney is issued. You knowingly entrusted a third party with the right to sign when resolving certain issues;
Limited validity period. The power of attorney contains a clause fixing the period of extension of powers.
There is no possibility of inheritance or transfer of registered property;
In case of an accident, the authorized person will not receive compensation, since he is not the owner of the vehicle.

Transferring a car to another owner is not as difficult as it seems. The main thing is to check all the documents and not trust the re-registration process to strangers. It is also useful to maintain contact with the former owner until the car is completely re-registered.

The same advice applies to sellers.
For them, the loss of contact information is fraught with the continued accrual of transport tax and fines from an unscrupulous buyer if he does not re-issue the documents on time. How to transfer a car from one owner to another

How to transfer a car to another person through purchase and sale?

The instructions here are simple, and this can be done through State Services.

First, you need to draw up a purchase and sale agreement along with the transfer and acceptance certificate,
then the new owner takes out MTPL insurance for himself and pays state duties,
then he is sent to the traffic police with the necessary set of documents,
the machine is inspected for compliance with the Basic Regulations,
Based on the result, they issue an STS for the new owner, make changes to the PTS and, optionally, license plates.

Complete instructions with all the nuances and a list of required documents are given in a special article on registering a car with the traffic police.

Is it possible to re-register without selling?

Yes. You don't have to sell the car, but donate it. But then the new owner will be required to pay income tax in the amount of 13% of the cost of the car. When he goes to the traffic police to re-register it in his name, the data from the department will go to the tax office. She will subsequently issue a demand for payment.

But persons are exempt from paying this tax if they are your close relatives: wife, husband, father, mother, brother or sister and others; their full list is determined by Article 217 of the Tax Code of the Russian Federation.