How to sell a car for a general. What should I do if I receive tax on a sold car? Can I sell a car with a power of attorney?

You will need

- The passport;
- documents for the car;
- automobile;
- the owner of the vehicle;
- money;
- notary.

Instruction

When purchasing a car by, remember that you do not automatically become the owner of this vehicle. By standards, you're just a person who can legally use a car for a certain amount of time. Although at the same time you give a fairly large amount of your own money for it. If this option suits you, then go with the owner of the car to the notary in order to issue a power of attorney.

To complete all required documents you will need a passport. The owner of the vehicle is obliged to provide his set of papers, which includes an identity card (still the same passport), a technical passport of the car and the so-called "blue". Based on all the data he has, the notary draws up a power of attorney, which the owner of the car signs and hands over to you. Now you can use this vehicle legally. Only you will always have to carry this form with you so as not to violate part 1 of article 12.3 of the Code of Administrative Offenses (control of the vehicle, confirming the right to own it). For an offense, your car can even be confiscated and sent to penalty area.

Drafting takes place either after you give the money for the car to the owner, or immediately before you give it back. If the owner of the car is your good friend and you trust him, then you can pay for the car before paperwork. If the person is not particularly familiar to you, then it is not worth the risk. In any case, it is best to ask the seller for a receipt that he received the money from you and has no complaints. This way you minimize the possibility of problems.

Remember that when buying a car with a general power of attorney, you are at great risk. Firstly, the owner remains the one who officially owns the car. And this means that at any time he can cancel the power of attorney and revoke your car back from you. Naturally, without returning the money. Secondly, in the event of the death of one person from those indicated in the power of attorney, the car can also be easily lost. If the owner dies, then according to the law of inheritance, his heirs enter into the rights to own the car. But they did not conclude a power of attorney with you, so they can easily seize the car from you.

In the event of the death of the buyer, his heirs can count on owning this car only if the owner is an extremely noble and decent person and agrees to re-register vehicle on them. You can also lose "your" vehicle if the owner has any debt obligations to the state. If they are not paid, all the property of the debtor is withdrawn, including your car.

In our time, it is not so often to meet a person who would not own a car and at least once in his life did not buy or sell it. Perhaps that is why the traffic police simplified the system for registering a vehicle, as well as the rules for using a car that is not owned by a motorist.

In 2020, before selling a car, the owner does not need to deregister it. This procedure occurs automatically - after the conclusion of the contract of sale of the vehicle by the parties. The buyer can choose to keep the old license plate or change it to a new one.

In addition, at the beginning of 2012, the obligation for the owner of the car to issue a power of attorney (a simple handwritten one) to drive his vehicle was canceled. The person who is indicated by the owner of the car in the compulsory insurance policy can drive a car.

The execution of the so-called general power of attorney at the notary is also gradually fading away, but some citizens still find this method of selling a car the most convenient.

What is the convenience of selling by proxy

It will not be a secret for anyone that the procedure for removing or registering a vehicle with the State Traffic Safety Inspectorate when buying and selling a car is a rather troublesome and time-consuming business. It is necessary to draw up a bill of sale agreement with the seller, insure OSAGO, pass technical inspection, pay the state duty and the insurance premium. And this is provided that the car was not removed from registration records and he will have the same state number.

It is much easier to issue a general power of attorney in the name of the buyer from a notary, receive money for the sold car and not stand in numerous queues. This is perhaps the only plus of the sale of vehicles for the "general", and even then it is rather dubious.

Power of attorney

The seller can draw up the text of the document on his own, indicating in it what rights the general power of attorney gives to the car to the person who bought it. You can apply for a power of attorney to a notary office, where it will be drawn up more competently.

In any case, the general power of attorney is subject to notarization. But the rights that she gives to the attorney, the principal will be able to indicate himself.

As a rule, this is:

the right to drive a car,
the right to dispose of the car, including selling it to a third party, renting it out, exchanging it, bailing it out, etc.,
the right to monitor its good technical condition,
the right to be a representative of the principal in the bodies of the traffic police, the court, etc.,
the right to insure the vehicle (including motor third party liability insurance),
the right to pay taxes and fines, etc...

It is obvious how duties that arise for a trustee at the time of issuing a general power of attorney flow smoothly from some rights. But they are not always fulfilled.

How to apply and how much

As we have already mentioned above, you can do the paperwork yourself(you will find a sample power of attorney for a car at the end of the article) or contact a notary.

For this, the presence of a trustee is not necessary, the principal can go to the notary's office alone, but have his personal data with him (ideally, a photocopy of the passport).

The procedure for drawing up a power of attorney will not take much time. Any notary has a sample of its preparation.

General power of attorney, it doesn’t matter if it was compiled by the seller himself or in a notary’s office, requires mandatory certification by a notary. If this is not done, it will be invalidated.

With regards to the question of how much a general power of attorney for a car costs, we will turn to the rates in force at notary offices in Moscow.

So, notarize already drawn up document will cost:

400 rubles.

Compilation cost power of attorney, taking into account the technical and legal work carried out by the specialist:

800 rubles - for individuals (in total with certification of the document - 1200 rubles),

1200 rubles - for organizations and legal entities (in total with the certification of the document - 1600 rubles).

Documents for registration

In a notary's office, to draw up or certify a general power of attorney, the following documents will be required from you:

car owner's passport
passport of the person for whom the power of attorney is drawn up (its copy or the exact data of this person),
vehicle registration certificate
PTS (passport for the vehicle).

Validity periods

You can issue a general power of attorney for a car for a maximum of three years. After the expiration of this time, the seller should conclude a contract of sale or draw up a new power of attorney.

In addition, the power of attorney expires automatically in cases where:

the trustee called her back,
the trustee died
the authorized person revokes the validity of the power of attorney,
confidant has died,
the principal or authorized person is recognized as missing by a court decision or deprived of legal capacity.

A power of attorney may be issued for any period limited to three years. If it contains a validity period exceeding the specified one, then the paper will be considered invalid. If no terms are specified in the power of attorney, then by default it will be considered valid for only one year.

The trustee has the right to issue a power of attorney for a car in the name of a third citizen, if the document contains a corresponding note on such powers. But keep in mind that with the expiration of the first power of attorney, the second one is canceled automatically.

Selling a car by proxy

It is no secret that a general power of attorney is most often drawn up precisely with the aim of simplifying the process of selling a car. But do not forget that the registration of the "general" does not remove the ownership of the car from the seller and does not make the buyer its full owner.

That's why now, for most buyers, this way of selling a vehicle is more likely to cause suspicion I, which will please you with saving time and money.

And it will be much more convenient and reliable for the seller himself to sell the car by drawing up a contract of sale. Unless, of course, he is trying to hide some unpleasant moments associated with the car in this way, such as:

unpaid administrative fines or tax contributions,
discrepancy between the identification numbers indicated in the documents for the car and those stuffed on the body or engine,
finding a vehicle wanted in connection with theft or theft, etc...

There are other unpleasant nuances that are important to know about for those who are going to buy or sell a car under a general power of attorney.

Video: Lawyer on the intricacies of the concept of a power of attorney for a car

Negative points for the seller

The main disadvantage is that the car will be considered the property of the seller until the buyer re-registers it for another person, having gone through all the procedures in the traffic police.

Other disadvantages follow from this:

he will have to pay annual taxes for using the vehicle (unless, of course, he comes across an honest buyer who will take this responsibility upon himself),
receipts for unpaid fines for traffic violations on this car will also come to him,
in the event of an accident, theft and other unlawful acts involving this car suspicion will fall primarily on its rightful owner.

Concerns for the buyer

By purchasing a car and receiving a form of a general power of attorney for a car, the buyer does not become its full owner. Moreover, he will not even be able to register it as his property until he sells it to a third party and buys it back under a sale and purchase agreement. This is the main disadvantage, there are many others:

he risks buying a car with a "bad" past: it may be wanted, stolen, pledged to the bank, its numbered units may not correspond to those reflected in the registration documents, etc.,
in the event of the sudden death of the owner of the car, it automatically passes to his heirs, and the buyer remains, as they say, without money and without a purchase,
the same situation can occur if the owner gets divorced and, by a court decision, must transfer the jointly acquired car to the former spouse,
by a court decision, bailiffs can take the car if the seller does not repay the loan (or other debt) and his property is described,
the owner has the full right to revoke his power of attorney at any time and return the car to himself, without giving reasons,
in the event of the death of the buyer himself, the power of attorney is terminated, and the car is returned to the rightful owner, the buyer's heirs will not be able to claim it.

Buying a car by drawing up a contract of sale or by issuing a general power of attorney is a personal matter for the seller and the buyer. In our article, we examined all the intricacies of buying a car in the second way, pointing out the positive and negative points. Now the decision is yours!

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Why do you need a general power of attorney?

This is a document that gives the right to a trusted person to perform such actions with a car how to: manage, remove and register with the traffic police department, insure the vehicle, conduct its technical inspection, change numbered units, dispose of, sell.

There is a standard form (forms) for issuing such a power of attorney. The document must contain:

Date in words, place of the document.
All surnames, first names, patronymics without abbreviations.
Places of residence of the representative and the represented.
A detailed description of the powers that are being delegated.
Is delegation of authority possible?
Vehicle parameters (make, color, state number, VIN, engine number, year of manufacture, body number, series, as well as the number and date of issue of the Title and registration document, the name of the authority that issued them).
Validity in words (up to 3 years).

The main operation for which a general power of attorney is used is the purchase and sale of a car. Previously, such an operation reduced costs. Now it is possible to sell vehicles without deregistration, and therefore the use of a simple sales contract is better in every respect.

At the same time, the transfer of a car under a general power of attorney will not be a sale from a legal point of view, since the owner of the car remains the same person who issued this document. In addition, there is no such concept - a general power of attorney - in the Civil Code of the Russian Federation, there is only a simple "power of attorney". Who pays sales taxes when selling a car under a general power of attorney?

Since the transfer of a car under such a power of attorney is not a sale, then you do not need to pay tax on the sale of a car that a person has sold. At the same time, if the trustee is not going to sell the car within three years, then there is nothing to worry about at all. If he will sell the car, then it is reasonable to ask him to warn about this so that he can file a declaration on time.

What are the downsides?

For buyers, the following disadvantages of purchasing a car by proxy are relevant:

It can be withdrawn by the seller at any time. The buyer will then be left with nothing.
In the event of the seller's death, ownership automatically passes to the heirs and not to the buyer.
When the buyer dies, ownership remains with the seller.

For the seller, there are also disadvantages:

The car remains the property of the seller until the buyer registers the car with the traffic police. Along with this, there remains the obligation to pay taxes (that is, the person, it seems, sold the car by proxy, but he will pay taxes).
In case of violation of traffic rules, a receipt for payment of a fine will come to the owner, if the car is involved in an accident, when the driver fled the scene of the accident, the police will file a claim against the owner.

What's wrong with a general power of attorney?

The car will be registered with the seller, which means that it is he who bears full responsibility for it and the obligation to pay taxes (Article 357 of the Tax Code of the Russian Federation) too. Cars sold in this way are not always deregistered. What to do?

This means that the owner needs to find a buyer, which is difficult (maybe the car has already been sold to someone else), or write off the car to the traffic police. The second thing to consider is that according to the Tax Code, the owner of a car is required to submit a tax declaration for a car to the tax office indicating the sale price. The amount of tax (and in general its availability) depends on the price and time of ownership of the vehicle.

And how to do this if the car was sold not by the owner, but by his authorized representative by proxy?

Current topic of taxation

When selling a car under a general power of attorney, taxes are a special topic. This question constantly arises from the owners.

For example, a car was sold by proxy about 10 years ago. The owner no longer considers the transport his own, and throws out all the receipts from the tax authorities. And at one point the case is referred to the court, which decides to collect tax under the law of the Russian Federation.

The bailiff imposes a restriction on the deregistration of the vehicle. The person receives a judgment. When the thought comes to understand what is happening, it turns out that the car has not yet been deregistered and you have to pay tax for it.

It will not be possible to write it off, since there is a restriction on deregistration of the vehicle. And the bailiff will legally send the negligent person to pay taxes, and then he will remove the restriction.

Buying a car by proxy, a person becomes only the owner, not the owner. And in fact, all rights to transport remain with the previous owner.

And he can do whatever he wants with the car or just revoke the power of attorney and demand a refund. The buyer does not have the right to re-register the vehicle. The owner can challenge this in court.

What to do when selling a car bought by proxy?

Write an application to the traffic police on behalf of the owner to deregister the car in connection with a future sale.
After that, draw up a contract of sale with the buyer or a certificate of account.
Now the car is considered the property of the buyer.
From this moment on, you can feel calm.

However, it is best to use not a general power of attorney, but an ordinary vehicle purchase and sale agreement. This will save both parties a lot of problems. Moreover, today it is possible to issue it without removing the vehicle from the register with the traffic police.

- this is a common thing, especially if a person needs money. The procedure does not take much time if you register the car for the next owner through a power of attorney.

But before such a decision, you should weigh all possible risks in order to prevent fraud.

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What is a general power of attorney

The sale of a car under a general power of attorney often occurs, because the buyer has the full right to dispose of the transport, that is, he owns the following rights:

making payments related to
compliance with technical regulations
management capability
the principal can appear in various state bodies as the owner (in court or traffic police)
registration of insurance
full disposal of property (sale or exchange)

That is, the buyer will be on an equal footing (relative to the vehicle) with the seller. However, a problem arises, because the document must be certified by a notary, and even better, it can be drawn up right in the office in order to take into account all the nuances and make the right decision for both parties. This will require:

Registration certificate.
Passports of both sides (you can use copies, but they must be accurate, of high quality).

Validity

At the discretion of the principal, the period of validity of a regulatory document may be longer than usual. The minimum is one year (from the date of compilation).

One of the downsides is the fact that with each renewal, the presence of the real owner is mandatory, since despite the transfer of his rights to another person, he is still the one who can determine the terms of reference.

GD (general power of attorney) allows you to fully own and dispose of property.

Pros of the deal

You can re-register the property at any time after signing the contract; this arrangement of affairs is suitable for people who have a too busy work schedule. There is a scheme in which the presence of the owner is optional. She's completely legal.
Sometimes it cannot be sold due to inconsistencies in the documentation and on vehicle markers. Such property is not considered criminal, however, it will be difficult to make transactions.
Savings on dues and taxes. The amount is not significant, but for some motorists it plays a big role in determining the type of transaction.
Not all people use transport for work, trips to cities. Some prefer extreme sports, off-road driving, where the car does not require registration (traffic police do not exist in the field and forests, because they are not an official track).
The method is also beneficial for those who want to buy a car for the sake of spare parts. Fewer problems with authorities, a package of documents will not have to be collected for several days. Everything is simple and stress-free.
The only way to sell a criminal one is to use a general power of attorney. In this case, the risks increase, but the price of such equipment is significantly reduced, which makes elite transport affordable for the average person.

In general, if there is a need, the procedure will be quite profitable.

Cons of the deal

The possibility of an unfavorable outcome is too great, if there is not a single plus, it is better to use the usual contract of sale. After 2013, changes were made to this section, which made the transaction more accessible and simple.
The main problem for the buyer is that he cannot become a full owner, because in jurisprudence these concepts are distinguished. That is, if there is no document that clearly states that it will be sold / transferred to another person, then the owner will not change.

Hence, there is an abundance of scammers who use various loopholes to gain benefits and deceive customers, and it is not possible to protect yourself from this and punish the offenders.

The new owner may experience the following problems:

The full owner decides to write a general power of attorney for some other person. The presence of a car in this case is optional. The situation may arise quite spontaneously, but the number of difficulties that the trusted person will have will increase several times.
The document can be canceled at any time without giving reasons. The money, if the rest of the legal part was correctly drawn up, will be returned, but the process itself will become a nuisance.
Sometimes it seems that a power of attorney for ten years is a lot, but after the expiration of the term, you will have to look for an owner who can leave the country, change his place of residence, etc.
If a trouble happens to the buyer, in which he suffers or dies, it will be given to the owner, and not to relatives.
In the case where the owner of the transport was entity, and not physical, then when the company is liquidated, there is no one to turn to, the car will not be owned for the simple reason that the contract has not been drawn up again.
When deciding to sell, you may encounter the problem that the owner will want to take away the money received from the transaction. He has the opportunity to carry out his plans, although unlikely.
Despite all attempts to make this type of document look like a contract of sale, nothing of the kind will come of it. The paper must indicate the nuance associated with the termination of the power of attorney against the will of one of the parties, according to which the buyer will receive monetary compensation in the amount of the transaction value. This will save the procedure from possible fraud.
You can draw up a power of attorney in different ways, but it will be impossible to get rid of its main disadvantages.
There are other nuances that can become a serious hindrance. For example, it is difficult to draw up a sale and purchase agreement under a general power of attorney, if you are not lucky with the owner, then he may well claim a percentage or even prohibit the transaction.

The procedure has much more disadvantages, so if it is not necessary, then it is better to use a longer, but reliable method (sales contract).

What are the risks

Any risk associated with a sale by general power of attorney is due to the fact that there is a huge amount of legal fraud. This happens for the simple reason that the owner in any lawsuit will be a priority (that is, the verdict is almost always put forward in his favor).

Suppose a situation where the buyer decided to sell the car. The owner finds out about this and wants to get a percentage of the transaction. He submits a document to the court without the knowledge of the trustee, explains this by the fact that no permission was given to dispose of the property. The application is considered and in 90% of cases either the transaction (purchase and sale) is recognized as invalid, or they are forced to pay compensation.

Do not forget that if a person does not want to use the usual contract, then a problem with the law is quite possible (the car is listed as stolen, is registered by). The trustee will not be found guilty, but the transport can be lost, and no one will pay compensation.

In legal practice, there are many moments when the buyer decided to apply to the prosecutor's office or other government bodies. The petition is accepted in rare cases, even if the document has been amended, certified by a notary.

If the transaction occurs between strangers, then it is better to avoid it. To spend more money, having bought a car under a standard contract, but in the future not to be afraid that at any moment you can lose your transport simply because the owner so wanted.

A separate item is extortion and blackmail, but in this case, contacting the police will allow you to reconsider the rights to property. However, not every person wants to get involved with something like this.

The risk is very high, it is worth making a deal only if you are completely sure that no problems will arise.

Cases of car sales by general power of attorney happen often, but most remain dissatisfied with the procedure. If there is not a single plus for this method in your case, then it is highly not recommended to use it.

Car by general power of attorney - on video:

Ask your question in the form below

First, let's explain what a general power of attorney is.

A general power of attorney is a document that gives the authorized person the right to dispose of property that is of material value in any way. It is important to remember that a power of attorney is issued for a specific property., for example, to a certain house, which is located at a certain address.

Having issued a gene power of attorney for someone, you DO NOT SELL him property, but only GIVE THE RIGHT to dispose of it. A general power of attorney (as a document) does not record the fact of buying and selling a car, but only gives the right to another person to dispose of it, also leaving him the right to entrust or resell the car.

It is worth distinguishing a general power of attorney from a regular power of attorney. A regular power of attorney gives the right to use a car, but does not give the right to sell or renew the power of attorney.

So, you can’t sell a car or buy it by general power of attorney, you can only register the right to own your car to another person, and he is not obliged to transfer any money to you. However, for the convenience of perceiving information, hereinafter, instead of “write a general power of attorney for a person and then receive money from him”, we will use “sell (buy) a car under a general power of attorney”.

How to sell a car by proxy

How to sell a car with a general power of attorney? First you need to visit a notary, because the general power of attorney is notarized. Since the power of attorney is a deal of one party, you do not need to take the person to whom you draw up the power of attorney with you. To apply, you will need to know the details of your car.(identification number, etc.). The power of attorney form is available from the notary.

The maximum period for which a power of attorney is issued is 3 years. The standard is usually set to one year.

If the period of validity of the power of attorney is not indicated or if a period exceeding 3 years is indicated, the power of attorney is considered invalid (in accordance with Article 186 of the Civil Code). A power of attorney that is handwritten and not certified by a notary is also considered invalid.

From this we can deduce two disadvantages of issuing a power of attorney:

Notary services are paid;
Registration can be delayed, as sometimes it takes a considerable time to get an appointment with a notary.

Not so long ago, selling a car by general power of attorney was the least expensive way for a seller to sell a car, since the sale required a preliminary, however, since October 15, 2013, it has become possible to sell a car without deregistration, after which the sale by power of attorney has lost its relevance.

What could this threaten

Here we will consider the main disadvantages of this operation for the buyer and seller.

For the buyer:

Having bought a car by power of attorney, you do not get it into ownership, that is, the owner can terminate the power of attorney and legally oblige you to return the car to him, after which you will lose your money and car;
If a ban on the passage of MOT by bailiffs is imposed on the car, and you do not know this, then when you arrive at MOT, you will be unpleasantly surprised. Next, you will need to require the owner to pay debts so that the ban is lifted, but not always the owner will meet you halfway. Or you can pay the debts of the owner yourself, dooming yourself to additional financial expenses;
Upon the death of the owner, the power of attorney is immediately automatically canceled, and the right of ownership immediately passes to the heirs of the owner;
Upon the death of the buyer, the general power of attorney is also canceled, but the ownership remains with the seller.

For the seller:

Because when issuing a general power of attorney, you remain the owner, then the responsibility for violations remains with you. All fines will come to your address and you will have to pay them (by law). In addition, if the buyer, the police will come to you with the words “Citizen, why are you hiding from your place, this is not good.” Transport tax you must also pay;
If a trustee sells the car, you are required by law (as the owner) to report to the tax office and state the sale price, which you may not know unless the buyer notifies you. You will have to go to him and demand information that he may not provide (he didn’t remember or simply didn’t want to).

And now consider the advantages of selling a car by general power of attorney.

This option is the most suitable if the buyer has problems with the law, that is, his property can be arrested, etc. In this case, the buyer, the next day after the purchase, draws up, the right to own the car is FULLY transferred to the relative, who, in turn, draws up a power of attorney for the buyer.

Now the car is owned by a reliable person close to the buyer, and the buyer still has the right to dispose of the car.

This is where the list of pros ends. Besides, three main situations should be mentioned when you need to unequivocally REFUSE TO PURCHASE car by power of attorney:

The car is sold with (at least) a second power of attorney. That is, the seller received a power of attorney from the person to whom the power of attorney was given by the owner of the car. In such a situation, any of the powers of attorney can be easily revoked, and besides this, a lot of subtleties and nuances arise, from which problems may arise that, we are sure, are not needed at all. Also has the right not to recognize the transaction and refuse to register the car;
The car is currently registered in another city or country. In this case, you will have to visit the place of its registration to remove it from the register, and if the car also has problems (credit, incorrect customs clearance), then their solution will turn into a real disaster for you;
The power of attorney is not certified by a notary. This kind of transaction is a type of fraud, remember that a general power of attorney that is not certified by a notary has NO legal force.

If, when buying, you are urged to sign an uncertified power of attorney, arguing that “come on, it’s fine for you,” “but then we’ll issue it, sign the main thing,” then this is 100% fraud, in no case do not conclude such transactions.

Summing up, I would like to say that by general power of attorney it has much more minuses than pluses. Therefore, buying or selling a car under a general power of attorney is highly discouraged. It is much more convenient and easier to conclude a regular contract of sale, where the risks are much lower.