In Spain it is not possible to get a driving license until you are 18 years old, but can minors own a car? Here is the first distinction made by the General Directorate of Traffic (DGT): the driver is the person who drives a vehicle regularly or occasionally, while the owner is the person who owns that property. Normally, both figures coincide, although this is not always the case.
The law only imposes one requirement to be able to own a car and that is to have a DNI, so anyone over 14 years of age could own a vehicle. Although it is most common for parents to be the owners of the cars their children drive, the opposite can also happen. In short, you can put one or more family cars in the name of a minor, although it all depends on the intention with which it is done.
Inheriting is not the same as donating a vehicle. To avoid problems when putting the car in the name of a minor, it should be done as an inheritance or as a gift that they will enjoy, of course, when they reach the minimum legal age to drive. Donations during life entail, however, disadvantages for both the beneficiary and the donor, since they will have to pay the inheritance and donation tax and the personal income tax associated with the capital gain respectively. The donor will inevitably lose control over the donated assets, unless a clause is agreed to impose the right to usufruct.
You can also put the car in the name of a minor to try to obtain financing or in the event of a threat of seizure. Of course, in the latter case, the debtor could face a crime of asset seizure if he tries to deliberately avoid paying the debt to his creditors.
It must be taken into account when placing a minor as the owner of the vehicle that he or she will be the one who will have to pay the mandatory road tax. The owner will also be charged with the sanctions related to the rest of the mandatory documentation: the driving license, the ITV and the insurance. In the latter case, minors cannot take out insurance, so their parents or legal guardians must be the policyholders. Still, insurers may refuse to cover a vehicle owned by a minor.
On the other hand, fines will be the responsibility of the driver or the owner depending on the type of sanction. Regarding parking penalties or those that entail the loss of points, if the driver is not identified, they must be assumed by the owner.
