The reform of real estate, which touched on many issues of taxation and registration of transactions, also touched upon the procedure for registering gift housing.
Apartments are often given for weddings, for children who have grown up, redistribute shares in connection with various life situations, resort to donations and as an alternative to wills.
If earlier it was the simplest and most affordable form of transferring real estate to property, now donating to an apartment between close relatives can fly into a pretty penny.
There is no strict form for the transaction. A deed of gift for an apartment between close relatives is drawn up according to a model that you can find yourself, or use the form that you will be given in a notary's office.
In connection with the innovation, it became mandatory to formalize transactions with a notary in some cases.
Gift or testament?
Giving is sometimes preferred to the design of a will.
An advantage of a donation to an apartment between close relatives is the ability to narrow the circle of heirs and manage housing during his life at his discretion. When making a will, this is not always possible, because the laws relating to the inheritance order also affect the distribution of inheritance.
Therefore, those who are going to donate housing or donate a share of an apartment between close relatives need to prepare funds for registration and weigh everything again if you are going to donate the only housing.
The gift is easy and quick to design, especially if the apartment has one owner.
Donors do not always realize that the gift of an apartment between close relatives forever deprives them of the right to live in the donated housing, to dispose of it, and those who donate can sell it, rent it at their discretion at any time, which often leads to dramatic consequences when donors are on the street.
What are the upcoming design costs?
The following system is currently in effect.
If you are the sole legal owner of the apartment, you can donate it to any close relative or several without notarization, that is, you will pay the minimum amount for registration with Rosreestr.
You can draw up a contract yourself, but it’s better to use a sample gift certificate for an apartment between close relatives so as not to miss important points and be sure that the documents will be registered immediately.
After signing the contract, make the required number of copies, copies of identity cards, extracts from the USRN, pay the state fee for registration at the Federal Registration Service. Hand over documents.
The donor must write a statement that he waives the right of ownership, and the donor - that asks to transfer the ownership of him.
Since the registration of the transaction, the donor has no relation to the property.
How to make a donation of a part of the apartment?
If you want to issue a gift certificate for a part of the apartment between close relatives, then calculate how much it will cost you the notarization and payment of state duty provided for such cases.
Find out on the Rosreestr website or in any branch of the MFC the cadastral value of your share at the moment. This is easy to do by knowing the cadastral housing number or address.
You will have to pay a state fee of 0.5% of the cadastral value of the apartment, but not more than 20,000 rubles.
Notary payment
When making a transaction with a notary, which is mandatory in case of giving a share, you will also need to pay for its technical services. They include the study of documents, the preparation of a gift, etc. Taking into account the current price list, region and claims of a notary, this amount can be about 2000 rubles or more. You are not limited to finding a notary's office, where prices may be cheaper.
The notary always offers his own sample of the gift of the apartment between close relatives, which he uses in such transactions, because he is responsible for its content.
It is more important to calculate the amount of state duty, which is mandatory when paying a share of the apartment to close relatives.
Payment of expenses is the responsibility of the donor, but no one will prohibit a close relative from taking part of them.
Of course, for many, the amount will be significant, but someone simply cannot afford it, since neither they nor the heirs have such money.
What is important to do on the day of signing the contract?
Since donors are often people of advanced age, and in other cases, you need to get a certificate on the sanity of the donor on the day of signing the contract that he is not registered with the psychiatric clinic, he conducts his actions consciously and can be responsible for them.
This is necessary so that relatives who consider themselves deprived cannot, for this reason, challenge the transaction in court.
In the case when the apartment has one owner, it is recommended that you make a deal with a notary public, which is possible with the consent of the parties. You will pay a small amount for the services, but you will have a witness that the transaction was completed by the parties voluntarily, in adequate condition.
When donating an apartment or its share, it is necessary to obtain a notarized consent of the second spouse on actions with real estate, if the apartment was acquired in a marriage, is part of the joint property.
All these steps are needed to protect the transaction from invalidating it or from challenging it in court.
If you cannot attend a notary public
There may be various reasons why one of the parties cannot be present at the transaction. In such a situation, you can choose a representative, a person who will sign documents for you.
In order for him to receive such a right, a notarized power of attorney must be made for him.
What taxes do you pay when donating real estate?
Relatives and friends will pay a tax of 13% of the price of the apartment.
Close relatives are exempted from this obligation, the endowed will subsequently pay the regular tax on the cadastral value.
For proper taxation in a deed of gift for an apartment between close relatives, be sure to indicate the degree of relationship and the data of the documents that confirm it.
Information to be contained in the gift
In the gift indicate:
- Name of the donor and the donor, their place of registration, passport data.
- Document for the apartment, place of issue, number, date, etc.
- The degree of relationship, details of the documents confirming it.
- Detailed description of housing: floor, area, if it is a share - indicate what exactly belongs to the owner in the apartment.
- If you yourself make a gift certificate for an apartment between close relatives according to the model, pay attention to the existence of a clause on acceptance of the transfer of housing, if such an act will not be drawn up separately.