Register the car for a minor child. Is it possible to do this?

The law allows citizens of the Russian Federation to acquire ownership of any property, regardless of age. A child’s right to a car may arise as a result of receiving an inheritance or a gift. The law requires mandatory vehicle registration. At the stage of registering a car for a minor child, you may encounter a number of difficulties. A person who has not reached the age of majority cannot independently perform the necessary legal actions. However, his parents or legal representatives have this right.

Is it possible to register a car for a minor child?

As a general rule, a citizen acquires full legal capacity upon reaching the age of 18. The norm is fixed in civil legislation. Legal capacity gives a citizen rights and responsibilities. He must take responsibility for his actions. Partial legal capacity occurs at the age of 14 years. This rule is enshrined in Article 26 of the Civil Code of the Russian Federation. Until the age of fourteen, a person cannot independently carry out property transactions with a car. The rules are fixed in Article 28 of the Civil Code of the Russian Federation. Until the age of 14, actions with property are performed by the child’s legal representatives. These are his parents, trustees, guardians and adoptive parents. They are the ones who must register the car that belongs to their offspring. Persons included in this category have the right to dispose of the property of a minor within the framework of his interests.

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From 14 to 18 years of age, a person can independently take part in car registration transactions. However, he must obtain the consent of his legal representatives. The rule is reflected in Article 26 of the Civil Code of the Russian Federation. At the age of 18, full legal capacity occurs. This gives the citizen the right to take part in transactions without the knowledge of parents and guardians. Article 26 of Federal Law No. 196 of December 10, 1995 “On Road Safety” states that at the age of 18 a person can obtain a driver’s license.

A minor may be the owner of a vehicle. Typically, a child’s right to property arises as a result of:

• purchase of a vehicle by parents and registration of the car in the name of a minor citizen;
• the car was inherited by the child;
• the car was donated by relatives.

In all situations, the transaction must be documented. It is regulated by a contract of sale or gift, as well as a certificate of inheritance. In the latter situation, you can abandon the vehicle only if you receive permission from the guardianship authorities. If the car is donated by immediate relatives, the parents or their substitutes must consent to the action. If they make a negative decision, but do not act in the interests of the offspring, the guardianship authorities may intervene. The donor must contact their representative with a request for permission for the child to accept the gift without parental consent.

Can a child own a car?

According to current legislation, a minor can become the owner of a vehicle, but until he reaches the age of eighteen, without the right to drive it. Thus, the legal owner will be the child, and driving will be entrusted to his legal representatives: parents or guardians.

The most common reasons for a minor to become the owner of a car are:

• receiving an inheritance;
• receipt by gift;
• purchasing a car in the child's name.

All three cases are widely used in legal practice. Some of them, for example, donations, allow you to save on taxes.

Inheriting a car is not always attractive. If a will has been drawn up and according to it only the car is transferred to the child, and the remaining property and liabilities are distributed among other relatives, this is an attractive option. But if there is no will or it stipulates the transfer of everything to a specific person, then there is a risk of having debt obligations. In such a situation, if desired, the teenager, on behalf of his legal representatives, has the right to refuse the inheritance, but this is done only with the permission and under the control of the guardianship and trusteeship authorities. They make sure that the child’s rights are not violated in favor of one of the other relatives.

If the child inherited only part of the car, then there are several options for the development of events:

1. Other heirs buy out the minor's share, receiving full rights to drive and dispose of the vehicle.
2. The inherited property is sold, and the money from the sale is evenly distributed among the recipients.

In both cases, the transaction is controlled by the guardianship and trusteeship authorities, and all the money received from it is not transferred to the parents or official representatives, but is placed in a special bank account.
It will become available to the child after he/she comes of age. In accordance with the articles of the Family Code, parents or guardians, being official representatives of a minor, can drive a car without additional permits.

The following documents are presented as documents demonstrating their right to do so:

1. Driver's passport and driver's license.
2. Birth certificate of the child for whom the car is registered.
3. A document confirming the rights of a minor to own a vehicle.
4. Insurance.

So, even an infant can be the full owner of a car, but cannot use it as a driver until he reaches adulthood.

As in the usual procedure, when it is necessary to re-register a vehicle, a number of other documents are required to be presented if the situation requires their availability:

• documentation related to numbered units;
• customs documents if the car was purchased abroad;
• documents confirming the identification of the vehicle.

As for the paperwork, there is a difference depending on age: up to 14 years old, all documents are signed by official representatives, and if you are already fourteen years old, the recipient himself or the buyer (depending on the form of purchase of the vehicle). Can I register a car for my child under 14 years old? Yes, and this rule is regulated by the civil code and its articles reflecting the rights of a minor to enter into transactions.

Not everyone can register a car for a child, but only: parents, adoptive parents or close relatives, as well as official guardians and trustees.

Normative base

The possibility of registering a car for a minor child is reflected in the order of the Ministry of Internal Affairs of the Russian Federation dated June 26, 2021 No. 399. The regulatory legal act regulates the specifics of registering a car. So, if the owner of the car is a person under the age of 14, parents and guardians can act on behalf of the child. If a person has acquired partial legal capacity, he has the right to independently submit documents for registration. However, parents must consent to the transaction. It is prohibited to drive a car under 18 years of age.

The provisions regarding the conclusion of transactions under 18 years of age are reflected in the Civil Code of the Russian Federation. In particular, they are recorded in the articles and the Civil Code of the Russian Federation.

Legislation

Current legal norms establish that a person who has not yet reached eighteen years of age, that is, cannot yet fully manage and acquire rights, can act as the owner of a car or other transport.

This is done in the following ways:

• through inheritance, in which it is important to understand that a representative can refuse to accept an inheritance for a minor only with the consent of the Guardianship;
• through donation;
• when buying and selling.

Expert opinion
Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

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Re-registration of transport for a person under eighteen does not mean that he will be able to use it. It is worth distinguishing between the right to operate transport and the right of ownership. A person who is not its owner can drive a car, as long as they have a driver’s license and insurance.

The Civil Code of the Russian Federation establishes a rule according to which persons under 14 years of age do not have the legal right to enter into transactions, except for small household ones. Registration of property in this case is carried out by representatives in accordance with the law, that is, parents or, for example, guardians.

Important! When a person reaches 14, he receives the right to dispose of his property, subject to the consent of representatives by law. They put a signature in the transaction next to the painting of the person himself. This is stated in Article 26 of the Civil Code of the Russian Federation.

However, the legislation will change somewhat soon. From August 2021, Federal Law No. 283-FZ comes into force, according to which it will be legal to register a car only for those who have reached the age of 16. When a car is received by a person who is younger in age, one of the parents or another legal representative will be considered the owner.

Pros and cons of registering a car for a minor child

Re-registering a car to a minor citizen entails a number of advantages and disadvantages. It is believed that minors are not required to pay transport tax. However, the statement is wrong. Parents are required to take action for them. A similar rule applies to compensation for damage caused to the victim during an accident. If the minor's parent was driving the vehicle, he or she will be held responsible. However, there are still benefits.

You can register property for a small child, but the parents will have to pay tax

I heard from friends that if you buy property - an apartment, a plot of land, a car, a dacha - and register it in your child’s name, then the child may not pay taxes, since he does not and cannot have income. Taxes will accumulate and expire after the statute of limitations expires, and in fact, when the child turns 18, only the last three years will remain to be paid.

Is it so? What are the nuances? I can't believe this is possible.

I also know that if the owner of the property is a child, then all subsequent purchase and sale transactions until he turns 18 years old must go through the social protection and guardianship authorities. What about a car registered to a child?

And the third part of the question: they say that such a car does not and cannot receive fines from cameras, since according to the law this process cannot be initiated against a minor. And again I can’t believe it: is this so? What are the pitfalls and who and how can accumulated fines of this kind face?

Sincerely,

Ivan

Indeed, it is impossible to prosecute a minor for non-payment of taxes, fees and administrative fines. But his legal representatives - parents or guardians - can be held accountable, because according to the law, they must pay the tax for this property.

So registering vehicles and real estate in the name of a minor specifically for the purpose of avoiding taxation is pointless. You will still receive a notice from the tax office.

The fact is that if a violation is recorded by a traffic police officer, he can demand documents from the driver and will know exactly who the violator is. Accordingly, the driver of the car will bear responsibility.

• There is a clear disadvantage to registering a car or apartment for a child: you will have to coordinate any actions with such property with the guardianship authorities.
• The same conditions apply to real estate.
• Let me summarize:

1. A child can be the owner of both a vehicle and real estate. The law does not prohibit this.
2. You won't be able to evade paying taxes: the child's legal representatives will have to pay.
3. It may be possible to avoid paying fines recorded by automated control systems.
4. When selling property owned by a child, permission from the guardianship and trusteeship authorities will be required. If you want to sell your car or apartment at a discount, they may refuse.

If you have a question about personal finance, expensive purchases or the family budget, write to us. We will answer the most interesting questions in the magazine.

Source: https://journal.tinkoff.ru/ask/vot-eto-ya-pridumal/

Documents for registering a car for a minor child

The process of registering a car for a minor child is regulated by administrative regulations. It was approved by order of the Ministry of Internal Affairs of the Russian Federation No. 605 dated August 7, 2013. In order for the process to be carried out, you will need to provide the following documents:

• birth certificate of the child or his passport;
• PTS and STS;

  

• a document on the basis of which the child receives ownership of the vehicle;
• completed application;
• consent of parents and legal representatives.

The new order of the Ministry of Internal Affairs of the Russian Federation, number 139, has adjusted the list of required documents. Thus, the need to provide OSAGO on paper has disappeared, but the obligation to insure the car before registration remains.

Registration of insurance

Before visiting the traffic police department of your city or district in order to register a car for a minor car owner, you will need to obtain an MTPL policy. Thus, the entire process of paperwork begins with a visit to the insurance company. Everything is quite simple here. Insurance is issued on the basis of a purchase and sale or donation agreement, and the data of the owner of the vehicle (i.e., the child) is entered into the MTPL policy. It can be done without restrictions, or one of the child’s parents who has a license and can drive the car can be included in the compulsory motor liability insurance policy. You need to know this.

Then, with the MTPL policy, you need to visit the traffic police to register the car under the new owner.

To the question of whether it is possible to register a car in the name of a child, it is necessary to give a positive answer, but everyone must remember: parents will no longer be able to sell the vehicle without the consent of the guardianship authorities. This needs to be remembered.

Form for registering a car for a minor citizen

If you need to register a car for a minor child, you will need to fill out an application. It can be obtained by contacting the traffic police. The form of the document does not differ from the classic one. applications can be found here.

Step-by-step instructions for registering a car for a minor child

Registering a car for a minor child involves following a procedure. Usually their implementation is entrusted to parents. In order for a minor citizen to acquire a car, the following manipulations must be performed:

1. Prepare documents confirming that a minor child has a car license. This could be the preparation of a car purchase and sale agreement, a deed of gift or an inheritance certificate.
2. The documentation required to complete the state registration procedure is being collected. Particular attention should be paid to preparing the application. It can be issued directly during a visit to the organization’s branch or prepared in advance.
3. An appeal is made to the traffic police. Representatives of the minor child will have to deliver the car to the place of technical inspection.
4. The state fee is paid.
5. A document confirming the fact of state registration is provided.

Registration process

Registration of a car for a minor is carried out in the following order:

• prepare a package of documentation;
• fill out an application on the form provided to the traffic police;
• undergo a vehicle inspection;
• register a car.

If the child is not yet 14, then the procedure is carried out by representatives; they only have to confirm the status by providing papers, namely the child’s birth certificate or documents confirming guardianship.

Gift to a minor child

Giving is a two-way transaction. The object must not only be donated, but also accepted by the other party. In this regard, questions arise regarding the legitimacy of donating a car to someone under eighteen.

The law does not prohibit such a transaction. Donation is impossible without the commission of certain actions by the representatives of the minor. Before a citizen turns 14, they must sign an agreement for the donee, since he does not have the corresponding right.

Attention! When the donee has already turned 14, he receives the right to sign an agreement, but the consent of the representative will be required to complete the transaction.

The subsequent process is the same as when registering a car for a minor who received property in another way.

Purchase - sale

The right to dispose of personal property arises for a teenager at the age of fourteen. But even in this situation, you will need permission from official representatives to purchase a car.

The transaction may be considered legal even if the parents give consent after purchasing the car. Such permission is required at the stage of vehicle registration.

Interesting! When a child has not yet turned fourteen, he cannot purchase transport, but representatives have the right to buy it themselves and give it to the child, subsequently registering it. The installation procedure is carried out in a standard manner.

Inheritance

A child has the right to receive a car as part of an inheritance at any age. Official representatives will have to accept the property and register it.

Refusal will be possible only with the direct consent of the guardianship, which is only possible in cases where the acceptance of property will not be beneficial to the heir, for example, if, along with transport, debts exceeding its value are transferred to the person.

Expert opinion

Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

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Registration of a car with the traffic police will be carried out in accordance with the general procedure. A certificate of inheritance is used as a document confirming the rights of the child.

Registration of a car for a minor child at State Services

If the child has not reached the age of majority, the parents can perform the registration steps for him. Using the State Services portal allows you to sign up to submit documents for registration. To make an appointment at MREO, you must complete the following steps:

1. Log in to the portal. If you don't have an account, you need to create one.
2. Go to the Services section, familiarize yourself with the categories of transport and driving, select the “Vehicle registration” item.

   

3. Click on the category “Registration of documents when purchasing, leasing or changing information about the owner.”

   

4. You can register a new or used car through the portal. If the car was purchased new, you must select the “Registration of a vehicle with the State Traffic Inspectorate” section; when the vehicle was purchased used, you must select “Change vehicle owner data.”

   

5. Review the list of available actions and click Submit an application.
6. Fill out the application. You must have a package of documents at hand.
7. Select a traffic police department convenient for visiting, as well as the date and time of the visit.
8. Submit your application for consideration. The system notifies the citizen about the opportunity to pay for the service on the portal. You can pay the state duty with a 30% discount.
9. Prepare the documentation and drive your car to the specified traffic police department.
10. Complete verification requirements and obtain registration documents.

Pros of the procedure

Regardless of who owns the vehicle, it is still necessary to pay transport tax. But the situation is completely different when it comes to fines. An administrative penalty cannot be imposed on citizens under 16 years of age and all violations of traffic rules recorded by photo cameras will remain unpaid. The letters will not even be sent to the vehicle owner.

At the same time, the Civil Code of the Russian Federation determined that his parents are responsible for administratively punishable acts of a minor. But the current practice is such that so far fines recorded by cameras on the roads are not actually sent to the address and no one pays for them. At the moment, the State Duma is thinking about developing a bill that could actually attract responsible persons to pay these fines.

Registration period

Registration is carried out on the basis of an application from the owner and an authorized representative. Before the child turns 14, the action is performed by the parents. Subsequently, he can contact the organization after receiving written permission from his legal representatives. The car must be registered with the traffic police within 10 days from the date of receipt of ownership. The countdown begins from the moment specified in the document, on the basis of which the car was transferred to the child. For violation of the deadline, a fine of 1500-2000 rubles is provided. The amount of the penalty is fixed by Art. 19.22 Code of Administrative Offenses of the Russian Federation.

The procedure for registering a car for a minor child does not take much time. On the appointed day, you must visit the State Traffic Inspectorate office. The time during which the car is registered does not exceed 60 minutes. The period may be extended if additional verification of documentation is required, or there are technical reasons. During the verification, the information contained in the documents is compared with real data. After completing the registration process, the applicant will be provided with a certificate of registration and license plates for the car, if they are missing. At the same time, new information will be entered into an automated electronic database.

You can check whether information has been entered through the traffic police website. The request is made through the vehicle check section. To receive data you will need to provide your Vin number.

Procedure for registering a vehicle for a child

According to the new rules for state registration of vehicles, which came into force on January 1, 2021 on the basis of Government Decree No. 1764 of the Russian Federation, approved on December 21, 2019, registration of movable property for a minor car owner is possible upon reaching his 16th birthday.

Before this date, the vehicle can only be registered in the name of a parent, guardian, etc. The child’s birth certificate must be attached to the package of documents. When the owner reaches 16 years of age, i.e. upon termination of guardianship, state registration of the vehicle in the name of the parent or guardian automatically terminates.

Within 10 days from the date of turning 16 years old, you must submit documents to register a car owned by a teenager. The procedure is completed in person at the MFC or the State Traffic Safety Inspectorate, as well as online through the State Services portal.

Required documents

To register a car owned by a teenager who is over 16 years old with the state, you must collect the following documents:

• passport of a citizen of the Russian Federation;
• application for state registration of a car;
• document of title (sale and purchase agreement, gift, certificate of inheritance);
• PTS;
• receipt of payment of state duty;
• MTPL policy, which states that the owner of the vehicle is a minor, and the persons included in the insurance (parents, guardians, etc.) have the right to drive it.

A passport is one of the documents for registering a car owned by a teenager.

Application form

The application is filled out using a special form. The form can be downloaded on the official website of traffic police.rf in the section “For traffic participants” - traffic police.rf/mens/avtovladeltsam.

Giving a car to a minor citizen

A citizen who owns a car can dispose of it at his own discretion. The car can be sold, rented or donated. The role of the donee can be an acquaintance, friend or close relative. For a gift transaction to take place, two conditions must be met - expression of will and gratuitousness.

In form, a deed of gift of a vehicle to a minor child is no different from a standard agreement. However, the process will have a number of features. The document will need to indicate the details of the parties to the transaction and information about the car. Article 28 of the Civil Code of the Russian Federation states that the legal representatives of a minor are his parents, guardians or adoptive parents. Article 37 of the Civil Code of the Russian Federation states that legal representatives may well enter into transactions with minors. The exception is the transfer of property to a child as a gift or the granting of the right to use it free of charge. In this case, the minor acts as the donee. However, a legal representative must sign the agreement. The child will be able to perform the actions independently only after reaching the age of 14 with the consent of the parents.

If the car is the property of the spouses, the second of them must give consent to the conclusion of the transaction. However, if the car belongs to only one person, documented permission to carry out the procedure is not required. In practice, a child can only have a mother or father who wants to give a car. In this case, the child and parents act as parties to the transaction, but the donor does not have the right to sign the agreement on behalf of the minor.

It is necessary to contact the guardianship authorities. An employee who has the rights to perform such actions will be assigned here. He signs the documentation on behalf of the minor. When the contract is signed, you will need to complete the registration procedure. It is exactly the same as in the case of a standard deed of gift. There is no need to register the agreement itself. All you have to do is re-register the donated car to the minor child. The procedure is carried out by the traffic police. After this, the car is considered the property of the minor. A child will be able to perform any actions with a vehicle after reaching 18 years of age.

Ways to transfer a car into the ownership of a minor citizen

The transfer of movable property must be documented. The basis for the transaction may be a deed of gift or a purchase and sale agreement. The right to a car is confirmed by a certificate obtained from a notary when accepting the inheritance.

Features of donation

The gratuitous transfer of property into the ownership of the donee, who is a minor, differs from a standard agreement, the parties to which are adult citizens, in some nuances.

A deed of gift for a child under 14 years of age is signed by two parents. For example, the father is the donor, and the mother is the legal representative of the donee.

If the minor is between 14 and 18 years old, then the parties to the agreement will be one of the parents, acting as the donor, and the child, who has received the notarized consent of the other.

The only parent of a minor does not have the right to sign and act on the gift agreement for both parties. To sign a deed of gift legally, he needs to involve a third party who will act on the part of the donee.

In this case, the board of trustees appoints a legal representative who will take part in signing the agreement for the minor.

Transferring property to a minor differs from a standard contract.

Purchase and sale

A contract for the purchase and sale of a car, when the buyer is a child, can be concluded only if the seller is not closely related to him and is not a guardian.

In a situation with a minor citizen, his legal representative acts as the buyer. Within the age limit of 14 to 18 years, the teenager signs the contract himself, but with the written consent of his parents or guardian.

Inheritance

A minor can inherit a vehicle. In this case, the notary will issue a corresponding certificate. Based on this document, the child becomes the owner of the car or part of it.

Sale of a car registered to a minor citizen

Transactions in which minor children participate are controlled by guardianship authorities. Their consent will be required to enter into an agreement. Therefore, it will be possible to sell a car to a minor child only if the funds are deposited into the account.

A similar rule applies if a person owns a share in a car. In this situation, he is provided with an amount proportional to the value of the part of the vehicle. The second owner can buy this share. Funds are also transferred to a special account. Parents will be able to dispose of the amount only with the permission of the guardianship authorities. After reaching the age of 14, a citizen has the right to carry out actions with a monetary contribution. However, the bank retains the right to request consent to the procedure from parents and guardianship authorities.

Nuances

Parents, adoptive parents, guardians and trustees can drive a car owned by a child. In this situation, a power of attorney is not required. All of the above categories of persons represent the interests and ensure the rights of the child. When stopped by a traffic police officer, it is enough to show the birth certificate of a minor citizen, confirming the family relationship. Additionally, the person must provide the vehicle's vehicle registration certificate and a civil passport.

Persons who own cars must pay transport tax. If the car is owned by a child, the need to pay contributions to the state falls on the parents, guardians and trustees. Article 26 of the Tax Code of the Russian Federation states that legal representatives act on behalf of minors. The obligation to contribute funds ends when the child reaches 18 years of age or becomes emancipated.

For information

So, if the car is just being purchased and has not been registered in the name of the parents, then the purchase and sale agreement must include data from the minor’s birth certificate or his passport (if the latter is 14 years old), because he will be the owner of the purchased vehicle.

In addition, in the vehicle registration certificate, in the “special notes” column, you will need to record information about the parents who will drive the car until their offspring comes of age. You need to know about this.