Vehicle Gift Agreement

Vehicle gift agreement – a professional template in Word format

A vehicle gift agreement is concluded when the owner of a car, motorcycle or other vehicle hands that vehicle over to another person free of charge – most often to a child, a spouse or a parent. Without a written contract there is no transfer of ownership in the vehicle registration document, because the roadworthiness testing station requires a document on the basis of which the vehicle is transferred to the new owner.

A gift is a nominate contract governed by the Obligations Act (Zakon o obveznim odnosima) – the donor transfers a pecuniary benefit without any consideration in return, and the donee accepts the gift. The template has been prepared specifically for vehicles, so it contains fields for the VIN, the registration plate, the odometer reading and the handover of the documentation, as well as a note on the administrative fee under Article 26 of the Special Tax on Motor Vehicles Act (Zakon o posebnom porezu na motorna vozila).

Key features

• Professional template – 8 articles drawn up in line with the Obligations Act (Zakon o obveznim odnosima) and the rules on the transfer of ownership of a vehicle.
• Practical reliability – it contains all the vehicle details required by the roadworthiness testing station, as well as a clause on handing over the registration document and the keys.
• Easy customisation – you enter the details of the parties, the description of the vehicle, the handover date and the allocation of costs directly in Word.
• Digital delivery – the DOCX file with instructions arrives by e-mail immediately after purchase, ready for printing and certification of signature.

What the template includes

• Details of the donor and the donee (name, OIB (personal identification number), address) with a field for stating the family relationship, which matters for the exemption from the administrative fee
• Description of the vehicle – make and model, year of manufacture, chassis number (VIN), registration plate and odometer reading
• A statement of gift without consideration and without any obligation to return it, together with the donee’s express acceptance of the gift
• A clause on handing over the vehicle, the registration document and all the keys, with a variant for a vehicle handed over before signing
• A clause on taking over the vehicle in the condition in which it was inspected
• The donee’s obligation to register the vehicle in his or her own name within the statutory time limit and a choice of who bears the transfer costs
• A note on certification of the donor’s signature before a notary public
• A tax note explaining the administrative fee and the group of persons exempt from it
• Instructions for completion – copying the VIN correctly, the order of steps for re-registration, the insurance policy and photographing the vehicle

Legal framework

A gift agreement is governed by the Obligations Act (Zakon o obveznim odnosima) and, for a gift of movable property that is handed over immediately, written form is sufficient. For the change of ownership in the vehicle records, the donor’s signature certified by a notary public is as a rule required, so check this with the competent roadworthiness testing station before submitting the documentation. On the acquisition of a used motor vehicle an administrative fee is payable under Article 26 of the Special Tax on Motor Vehicles Act (Zakon o posebnom porezu na motorna vozila), and it is calculated at the roadworthiness testing station on registration, without any separate return being filed with the Porezna uprava (Croatian Tax Administration). The fee is not payable on a gift to a spouse, to descendants and ascendants in the direct line, or to an adopted child and an adoptive parent, provided that the vehicle is registered in the donor’s name in the Republic of Croatia.

Are you selling the vehicle rather than giving it away? For that situation use the car sale agreement. If someone else handles the re-registration on your behalf, they will also need a power of attorney for vehicle registration alongside the contract, and you can read more about how a power of attorney works in our guide punomoć za registraciju vozila (power of attorney for vehicle registration).