Hello, dear readers of the legal magazine “SotsLgot”, today we will consider the conditions for purchasing a car using funds from maternity capital in 2020.
The birth of a second child requires certain financial costs from each unit of society. The opportunity to use maternity capital to purchase a car in 2020 is aimed at creating additional social security for citizens.
Since 2007, the state of the Russian Federation has been carrying out incentive measures to maintain and increase the country's demographics. Family capital is considered one of the main ways to increase the birth rate.
Legal basis
At the moment, the version of the Federal Law dated December 29, 2006 No. 256-FZ (as amended on August 2, 2019) “On additional measures of state support for families with children” is in force, which involves receiving assistance from the state for those families in which a second child has appeared .
In mid-2020, bill No. 721208-7 was presented from the A Just Russia party, which proposed using maternity capital for a car. That is, families in which there is no need for improved living conditions or child development would be able to purchase a car using maternal capital.
According to the authors of the project, which includes Sergei Mironov and Mikhail Emelyanov, this initiative will improve family vacations, and it will also become easier for parents to take their children to kindergartens, schools and clinics.
It is worth noting that the innovation was considered at the level of federal maternity capital, namely its use in all regions of the country.
Conditions for receiving maternity capital
Federal maternity capital presupposes uniform rules for receiving support from the state. That is, the law is interpreted in the same way, namely:
- To receive a certificate, a second child must be born in the family.
- This certificate is issued once for a given baby.
- 453,026 rubles, this amount was fixed from 2020 to 2020. It is impossible to cash out the money, this is a criminal matter.
- There is a certain list of purposes for which it is permissible to use this money.
- There is no need to pay tax on this type of income.
- Matkapital can be used in conjunction with other government programs if the citizen meets a certain social category.
At the moment, funds from the state program can be used for:
- Purchasing a home (when the child is three years old).
- For participation in shared construction of houses (from 2020).
- Use it to pay off the mortgage (immediately after the birth of the child).
- For a child's education.
- For my mother's pension savings.
- For adaptation of children with disabilities.
Conditions for purchasing a car using maternity capital
Almost all regions of Russia make the conditions for issuing state subsidies the same:
- All further actions and procedures must be coordinated with representatives of social protection.
- Usually the amount of maternity capital is not higher than 100 thousand rubles. But there are exceptions when the capital issued by the state is much larger.
Examples of conditions for purchasing a car in different regions:
- In Kamchatka, the mother of the child must meet a certain age category (19-24 years old), and also be legally married. The amount received can be applied only after the child turns 1 year and 6 months. You can also add personal funds to purchase a car. The entire amount will be sent to the seller of the car.
- In the Kaliningrad region, a family can receive funds and approval for the purchase of a car from the state only after the birth of their third child.
Regional maternity capital
All constituent entities of the Russian Federation have their own regional programs for social support for families. This measure acts as an additional one.
To receive regional support, a third and subsequent child must be born in the family. This money cannot be obtained in cash almost anywhere, but there are regions in which this is possible. In accordance with the law, you can receive both options of capital at once.
The size of maternity capital can vary from 30 to 350 thousand rubles, depending on the region. The average amount of support is 100,000 rubles. Rules for receiving support should be found in social protection.
Both capitals have a similar structure of the law, but the regional one will have a number of differences, since it pursues the solution of local issues that will be more acute in these conditions.
Various government bodies are involved in the issue of obtaining benefits. To receive a federal benefit, you must contact the pension fund, and for a regional benefit, you must contact the social security authorities.
The amount of federal maternity capital for 2020 is 470,241 rubles. The amount is fixed and does not differ in all regions of the country.
Purchase of a vehicle for capital
Maternity capital, which operates in accordance with the law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children,” does not imply the use of a certificate for the purchase of vehicles.
But there are regions of the country in which this procedure is practiced at the level of regional family assistance. That is, at the birth of the third and subsequent children in the family, there is a high probability of using money to purchase personal transport.
The program is currently active in the following regions:
- Kaliningrad region.
- Kamchatka and Krasnoyarsk territories.
- Novosibirsk region.
- Ulyanovsk region.
- Oryol Region.
Each region provides its own version of government support. To find out information about your region, you should visit the social security office.
It should also be noted that the car must comply with certain conditions, namely:
- Produced in the Russian Federation
- Was not previously registered
- The total cost of the car cannot exceed more than 1 million rubles
- Engine power no more than 92 kW or 125 horsepower
- The car must have at least 4 seats.
Attention!
A car purchased with maternity capital funds has a restriction - resale is not allowed in the first 3 years. Otherwise, the money will be required to be returned through legal proceedings.
Depending on the region, there are characteristic features of the vehicle. In the northern regions of the country, in addition to a car, you can also buy a snowmobile or a motor boat. In regions where agricultural production flourishes, it is possible to spend money on the purchase of a tractor or other equipment.
Since the car must have no registration records, such a purchase is possible only from authorized dealers. A complete list of car dealerships can be found in the regional Rules for the use of family capital.
Before contacting government agencies, you need to find a confirmed car dealership and a suitable bank that are ready to provide the opportunity to purchase a car using maternity capital.
What documents need to be collected?
The next stage is the provision of documents for the purchase of a car. The package includes:
- Application for the use of funds to purchase a vehicle.
- Parents' passports.
- Contract of sale.
- Loan agreement, if transport is purchased using borrowed funds.
- Data on the car, technical. passport.
- Bank details for transferring funds.
Should we expect changes in 2021?
Due to the fact that buying a car using maternity capital is currently a pilot project, there is no such information on expanding the scope of this law in other regions.
The expiration date for family support programs is December 31, 2019; there is a high probability that this bill will remain at the regional level.
Can I spend it on buying a car?
The question of whether it is possible to buy a car with maternity capital is quite relevant.
It is asked by those families who have a disabled child or simply want to buy a car for commuting to work, to the clinic, or traveling. The answer to this should be sought in Federal Law No. 256, adopted at the end of December 2006. This document is amended regularly. The latest adjustments occurred in March 2020. The changes were introduced by Federal Law No. 35.
They touched upon the possibility of obtaining a certificate for MSK for the first-born, increasing the amount of state support for the second child and the timing of consideration of the application for the issuance of maternity capital. As for the areas of spending budget money, everything remains the same.
Maternity capital may only be spent on purposes established by the state. Their list is given in the seventh article of Federal Law No. 256.
The family can use budget funds in the following areas:
- improving living conditions by purchasing an apartment in a new building or on the secondary market, or a private house;
- payment for kindergarten for the child, school and university education;
- funded pension for mother;
- purchasing services and goods that a disabled child needs for social adaptation and treatment;
- receiving monthly payments in accordance with Federal Law No. 418 dated December 28, 2017.
This list does not include an item on purchasing a vehicle.
But perhaps in the future families with children will have the right to spend their capital on purchasing a car. Indeed, in some cases, a car is really needed to create comfortable conditions for a child. For example, if a child is disabled and is not able to walk independently, then certain problems arise with his transportation, for example, when examination or medical procedures are necessary.
The issue of the possibility of purchasing a car using a certificate for MSK has been discussed several times by the government of the country. The last time such a bill was considered was in 2011. But once again the proposal was rejected as not taking into account the interests and needs of children.
What to do if you lose your certificate
If for some reason the family certificate is lost or damaged, you should contact the nearest branch of the pension fund. Each certificate is an individual personal document that can only be used by its owner. The application for document restoration must indicate the circumstances of the loss or damage. If the certificate has been lost, then it is necessary to enclose a certificate, which should be obtained from the Ministry of Internal Affairs office, and a passport indicating the identity of the owner.
A duplicate certificate has the same legal force as the original. An electronic version of this certificate is also stored in the Pension Fund’s personal account.
What documents need to be prepared?
Before submitting an application to the body authorized to resolve issues of spending regional maternity capital, you need to prepare a package of documents. It may include different papers. It all depends on the situation, the requirements of a particular area.
Typically, the set of documents for spending the funds from a certificate for a regional MSK for the purchase of a car includes:
- a statement drawn up according to the proposed model;
- civil passport of the certificate holder;
- car purchase and sale agreement;
- original regional certificate;
- children's birth certificate;
- loan or installment agreement if the car is purchased using a loan;
- vehicle data, registration certificate;
- details for transferring money;
- certificate of the amount of unpaid debt on an installment plan, loan.
Expert opinion
Maria Lokshina
Family law expert since 2010
Additionally, other documents may be required. You can easily find out exactly what you need to prepare by calling your local Pension Fund office.
Answers to popular questions on the topic
Question. Why is this initiative proposed?
Answer.
This program provides comfortable travel for large families, families with adopted children, as well as transportation of children with disabilities.
Question.
Why was this program rejected by the State Duma?
Answer.
The bill has been sent for revision, since maternity capital involves improving the living conditions of the child, not the parents. The vehicle can break down in a short time.
Question.
Will new regions be added in the implementation of local family capital?
Answer.
This introduction is adopted at the level of regional legislation. If in the region there is an acute problem of transporting children to social institutions, then this law can be implemented.
Question.
Why can't you buy a car from an individual?
Answer.
The vehicle must meet safety standards. This procedure may lead to the cashing of the certificate. And this is a criminal case.
What kind of car can you buy with government money?
If a bill was passed to implement funds from this state payment for a car, then certain requirements would be imposed on the vehicle.
It will be possible to buy a car with maternity capital under the following conditions:
- the possibility of purchasing a car from a domestic manufacturer;
- the maximum number of passenger seats was equal to eight, excluding the driver;
- the car must be new, without mileage;
- the car is purchased in the name of one of the spouses, and this property belongs to joint shared ownership;
- the purchased vehicle cannot be sold, donated or disposed of in any other way for three years.
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