Today we will be interested in a gift certificate for an apartment. What kind of document is this? What is it for? How to draw up a gift agreement? We will have to understand all this further. As practice shows, to cope with the task is quite easy. The main thing is to prepare for the process in advance. For example, you should start by preparing papers. Registration of the studied type of contracts is accompanied by paperwork. This is quite normal. In addition, it will not be amiss to know what the Tax Code of the Russian Federation says regarding the transfer of property by gift. What nuances will the population have to face?
Definition
First of all, we will understand what is a gift for an apartment.
This is such a form of transfer of property from one person to another. A distinctive feature of the mentioned agreement is that the property will be reissued during the lifetime of the former owner of the "real estate".
In fact, a donated citizen transfers the whole or part of the apartment to the property of another person at no cost. Claiming money or maintenance for your deed is prohibited by law.
To whom to give
Who can I write a gift for? Every modern citizen is trying to understand this issue.
According to the law, the owner can do whatever he wants with his property. And give as well. But who is allowed to transfer ownership of the property?
The answer is simple - to any people and organizations at the discretion of the owner. You can give apartments to companies, third parties or relatives. This is a completely normal and legal phenomenon. The main thing is to follow the procedure for drawing up an agreement, as well as remember some of the nuances of the procedure.
Relatives and Gift
An endowment for an apartment between relatives is a fairly common form of transfer of property from person to person during the life of the owner. And therefore, this situation should be given special attention.
Under current law, the type of property transactions under study involving relatives is not taxed. That is, you will not have to pay 13% for personal property acquired. The main difficulty may be proof of kinship. Especially when it comes to grandchildren and grandmothers.
Unfortunately, there is no taxation when donating an apartment only if the recipient is a close relative. This is a very narrow circle of people. Therefore, if it is not about close relatives, taxes after the transaction will be paid in full.
Close relatives are ...
Making a gift for an apartment is not the most difficult process. Especially if you act according to some instructions. We will meet them later. First, consider the legal basis of the issue.
Who are close relatives? From a legal point of view, these are:
- husbands
- wives;
- sons;
- daughters;
- grandmothers;
- grandfathers;
- Moms
- dad.
But father-in-law and father-in-law will not be considered close under the laws of the Russian Federation. Only citizens from the previously listed layers can conduct property donation transactions without taxation. No exceptions are made in Russia on this issue.
Ordinary people and giving
A deed of gift for an apartment can be issued to any person. The main thing is to follow a certain algorithm of actions. To cope with this task is really not difficult. And even a person who does not understand anything in paperwork is able to quickly solve the problem.
Gift agreements, as we have said, can be executed on absolutely non-native persons. In this case, you will have to come to terms with the fact that after acquiring property rights, the new owner will need to pay a tax. Otherwise, such an act will be regarded as illegal enrichment.
The amount of the deductible tax may be reduced if the recipient is a relative. But such a situation is not always found. Therefore, citizens are accustomed to focus on personal income tax 13%.
Ownership Details
Donations to apartments and other large property are issued quite often. Especially when it comes to the transfer of property to persons in marriage. But why?
The thing is that during the execution of the gift agreement, the rights acquired during the transaction will be considered personal. The property that was presented to a person fully belongs to him. It will not be joint property. Although there are exceptions. We will review them below.
Accordingly, if there is a donation of something, during the divorce, certain objects will not be divided. As an inheritance from the previous owner to pass too. It is very comfortable. In particular, if you want to divide the inheritance between children and other relatives during life and without any conflicts in the future.
Pros of the deal
Are you planning a donation for an apartment? The advantages of such an operation are difficult to challenge. What are the benefits of the type of transaction being studied?
The advantages of donation include:
- the possibility of transferring property or part thereof during his lifetime;
- in certain circumstances, one can challenge one's decision;
- after the conclusion of the transaction, the object will be recognized as the personal property of the donee;
- the absence of conflicts between relatives after the death of the donor-testator;
- low time costs for the execution of the contract;
- there is no need to have any special legal knowledge to conclude an agreement;
- lack of taxation for close relatives of the donor.
In fact, it is this scenario that is recommended for those who have a lot of property and heirs. This is due to the fact that after the conclusion of the donation contract there will be no inheritance conflicts between the parties - everyone will receive what the testator considered necessary - the owner of the property. It is possible to challenge the decision, but this alignment is very problematic. Most often it is impossible to cancel a gift.
disadvantages
Issued a gift certificate for an apartment? Is it possible to challenge the donor? Yes, but just doing it is problematic. We will talk about possible methods for solving the problem later. Before that, we will study the shortcomings of the gift contract.
Disadvantages of gifts for apartments prevail in small numbers. Usually they include:
- actual irreversibility of the transaction;
- the need to pay income tax on individuals to the donee;
- the previous owner of the property loses all property rights to the apartment or other object prescribed in the contract;
- the need to pay for notary services.
The most unpleasant situation is when a person lives in an apartment and decides to give it to another person. For example, one of his children. In this case, in order to live on the territory of the donated apartment, you will have to rely on the good faith of the donee. Indeed, by law, he can at any time sell, donate or exchange the acquired property. And to prevent this from happening.
Decor
How much does a gift certificate for an apartment cost? The answer directly depends on where and at whom the transaction is concluded. In general, notarial services cost citizens about 1500-2500 rubles. Some offices charge a certain percentage of the value of the property for notary services. This information is best clarified directly in the selected organization.
How is a gift certificate for an apartment? As we have said, it is enough to follow a little instruction to translate ideas into reality.
Guidelines for drawing up a gift agreement for real estate are as follows:
- To prepare a specific package of documents. The list of required papers is presented below.
- Make a deed of gift. It must necessarily indicate the detailed characteristics of the apartment, its cadastral value and other parameters of the property.
- Contact the prepared papers with a notary office.
- Obtain consent from the donee to accept the property as a gift. The document is executed by a notary.
- Sign a deed of gift.
- Pick up property documents.
- Register ownership in Rosreestr.
- If necessary, pay taxes for the acquisition of property.
Perhaps this is all. In reality, everything is much simpler than it seems. It is enough to responsibly treat the formation of a package of documents for concluding a transaction.
Main papers
Let's start with the required components. Gift certificate for an apartment with a notary under any conditions requires without fail:
- consent of the donee to the acceptance of property;
- passports of the parties;
- extract from the USRN on the property;
- a certificate of the composition of the family registered in the apartment that they give;
- gift agreement (3 copies minimum - to the donor, recipient and notary).
That's all. If a citizen has other documents for the property, they will also have to be attached.
This is about:
- cadastral passport;
- technical passport for property;
- certificate of ownership.
The thing is that these 3 documents from January 1, 2017 are no longer issued. They are replaced by an extract from the registry of rights. Therefore, now in Russia a deed of gift for an apartment provides for the provision of a USRN certificate.
Additional documents
But that is not all. What papers can come in handy if a person plans to draw up a gift agreement for real estate?
Depending on the situation, the previously proposed package of documents must include:
- marriage / divorce certificate;
- birth certificate;
- other certificates confirming kinship with the donor;
- permission of custody for the alienation of property belonging to the child.
As practice shows, this will be enough. Therefore, a special paperwork donation to the apartment is not accompanied.
Cancellation of the contract during the life of the donor
We have already studied the documents for the gift certificate for the apartment. But what if a person first gave the property, and then changed his mind?
In this case, there are 2 options for the development of events:
- let it be as it is;
- go to court to appeal your decision.
Often this is the first scenario. Indeed, the gift is the decision of the donor. It is taken independently, voluntarily and free of charge. Cancellation of the relevant transaction is possible only as a last resort. When?
For example, if:
- the donor at the time of the transaction was mentally ill;
- the decision was made under threats, psychological pressure;
- the donee has committed a crime directed against the donor or his relatives.
Ideally, an endowment for an apartment is invalidated if it can be proved that the donor was intimidated or blackmailed. That is, when the decision on donation was made not of good will, but under the influence of certain factors.
In other cases, as practice shows, it is impossible to return property alienated by gift. Unless in the case of recognition of the donor at the time of the transaction is inadequate. The problem is that proving this fact is problematic. In any case, if the donation agreement is to be withdrawn by the one who acted as the former owner of the property.
Invalidity after death
The deed of gift to the apartment after the death of the donor does not lose its strength. Only heirs can try to invalidate the contract. This is possible, but in exceptional cases.
So that the heirs can achieve the annulment of the gift, they will have to prove that at the time of signing the agreement the testator was mentally ill or incapable. Usually, a psycho is performed in advance for this. expertise.
Advice: so that no one and under any circumstances could withdraw the gift agreement, the donor must attach a medical report on the state of health to the package of documents. Proof of the mental health of the property owner is a guarantee of the security of the transaction.
There are no more options for the development of events. Therefore, many believe that donation cannot be canceled. In reality, this is not so. Just proving right is extremely problematic.
Testament or gift?
Many are interested in how best to distribute their property - by will or by gift. To answer this question is problematic.
The thing is that the testament transfer takes place only after the death of the testator. In addition, the procedure for the preparation of a testament document takes a lot of time and effort. For this, ideally, several witnesses are required.
Donation is a simpler operation. But then there is a risk of being left without housing - the new owner of the apartment can easily sell the property or simply evict it.
Nevertheless, in order to avoid conflicts between the heirs, many prefer to divide property during their lifetime. You can find out how much a donation for an apartment costs at a notary's office. After this, decisive action should be taken. The main thing is to follow these recommendations. Then giving will not cause any trouble.