Now we find out everything that hides the gift tax for real estate (not to a relative or loved one - not so important). What features of payment are there in the process of drafting and signing the corresponding agreement? You need to know this. After all, far from all citizens are required to pay taxes when signing a deed of gift. And if they do this, then they have to find out how the calculations are made.
Getting confused here is pretty easy. But all the important information at the same time is easy to understand. It is enough to know whether there is a tax on donating real estate to a non-relative (or to himself), and also how much percent of the transaction will have to be paid.
Gift
But what is a deed of gift? In Russia, it is extremely common. This is the most popular and common form of transfer of ownership to each other. In practice, most often there are cases when donation to close relatives occurs.
A deed of gift is an agreement between the owner of a real estate (or other object) on transferring something to the property of the donee. That is, after signing such an agreement, what belonged to you will become a stranger. And since then, the property will fully pass to the donee. The main feature of this contract is taxes. When donating real estate (not to a relative or to someone from the family), there are several options for the development of events. In addition, property obtained by donation is not divided in marriage. And fully belongs to the donee. Therefore, many are trying to give real estate.
Close relatives
What is so special about this agreement? For example, it has already been said - the procedure and amount of payment of gift tax. The thing is that, according to the law, relatives are completely exempted from this responsibility. Probably, for this reason, many are trying to give real estate to members of the family circle.
Only a similar feature does not apply to all relatives. There can be many people in a family. Does anyone really have to pay taxes? Not at all. Taxes when donating real estate to a non-relative, for example, are almost always there. But with the family everything is much more complicated. Here, citizens related to close relatives are fully exempted from payment. Who is it? Allocate:
- spouses;
- children
- parents
- grandparents;
- brothers and sisters;
- grandchildren.
Only this circle of persons is exempted from taxes when signing gifts. By the way, this rule also applies to guardians, adopted children, stepbrothers and sisters.
Family relationships
Who pays what taxes when donating real estate? This question is extremely easy to understand. You just need to know some features of this process. For example, the fact that only close relatives are completely exempted from signing taxes. Who belongs to them is no longer a secret.
And what about the distant relatives? Here, as you might guess, you will have to pay taxes. According to all the rules that third parties pay. Not all is complicated in this system. If, for example, someone wants to give real estate to their beloved aunt, she will necessarily pay a certain amount as tax. After all, aunts, uncles and other family members do not belong to the category of loved ones. This must be taken into account.
Strangers
A tax on donating real estate to a non-relative also takes place. In most cases, no one is exempted from this. With rare exceptions. The tax on donating an apartment to a relative, third party or loved one is most often able to cause a lot of inconvenience.
By the way, outsiders when signing a deed of gift (as donee) pay the same amount as distant relatives in a similar case. The rules are the same for everyone. Nevertheless, despite such a simple system, according to which relatives do not pay, everyone else is obliged, there are more than enough features. And if you do not know them, you can get problems with the law.
Interest rate
Well, we have already found out that almost everyone must pay taxes when signing a deed of gift. But in what sizes? How is the amount due for payment calculated? After all, there are some restrictions and rules! There can be no single tax for all real estate in the same amount. Someone pays more, someone less. This is a long known fact.
All right. The tax on donating real estate to a non-relative, as well as to people who are not closely related to the owner, has some calculation rules. But no one will tell you the exact amounts. Indeed, according to modern legislation, citizens must pay 13% of the amount of income. It doesn’t matter if it is an apartment, a house or money. The donee pay taxes of 13% of the value of real estate or securities. There is also a feature here. And it is at the time of calculating the exact amount of tax that many problems begin.
Cost
Why? All due to the fact that any apartment or property has two prices. Cadastral and market. The first, as practice shows, is much lower. And so many do not know how much 13% is calculated for tax.
If you believe the laws, then you need to consider only the cadastral value. Even the Supreme Court of Russia ruled that way. But the tax authorities think differently. After all, the market value, as already mentioned, significantly exceeds the cadastral value. Actually, the tax will be several times higher.
A little advice - indicate in the contract of gift exactly the cadastral value of the property. And keep your tax calculation based on that amount. If you do not accept the tax return or are forced to recalculate at market value, do not agree to this step. It is illegal. The tax on donating real estate to a non-relative or distant relatives is paid only in the amount of 13% of the cadastral value of the gift. And nothing more. Everything else is a direct violation of the legislation of the Russian Federation. You will have to defend your rights in court. But in no case can one agree to recalculation.
Senior citizens
These are the peculiarities of paying taxes on donating an apartment, house and other property in Russian law. This surprises do not end there. Why? It’s not a secret to anyone that for pensioners they have their own particularities of paying any taxes.
But not when it comes to gifts. With this development, no one is exempted from taxes. Despite the fact that in Russia, older people most often do not pay such contributions, you will have to do this when signing a gift agreement. There are no features here. It turns out that even pensioners must pay 13% of the cadastral value of real estate. There is nothing difficult to understand here.
Exceptions
There are almost always exceptions to the rules. But in practice they are extremely rare. As already mentioned, the tax on donating real estate to a non-relative is a mandatory payment. And he is paid in full by the donee. Even for retirees, there are no benefits in this regard.
There is only one small exception. The point is that, according to the Vienna Convention, a variety of consular officers are completely exempted from paying the gift tax. And their families too. Perhaps this is the only exception to the rule. But, oddly enough, it is very rare.
How to pay
The procedure for paying tax also plays an important role in this process. It often happens that many simply have no idea what documents are required for the tax authorities, and also are not aware of the deadlines for submitting the corresponding declaration. In fact, it is not as difficult as it might seem.
All taxes are paid (and relevant documents are submitted) until April 30 of the year following the transaction. That is, if donation occurred in 2014, the report and payment are made in 2015 until 30.04. The documents that are needed for this are not too extensive. The list is small, but preparing a tax return can take a lot of time. So, prepare:
- 3-personal income tax return;
- passport;
- certificate of ownership (required to obtain from Rosreestr);
- direct deed of gift;
- acts of acceptance of the apartment (not necessary, but desirable).
With these documents, you can go to the tax office and file a declaration. Nothing difficult, right? In order to correctly fill out 3-NDFL, you must use the deed of gift, certificates from the BTI with the value of the (cadastral) real estate, taxpayer TIN (that is, yours) and passport data. As you can see, there are no features in this process. True, one needs to know the initials of the donor. It is indicated in the declaration at the very beginning. Donating an apartment to a non-relative, as you see, is taxed. And it will be 13% of the cost of housing.