In 2013, the tax on donating real estate to a relative was canceled. Documents are now much easier to draw up, so the number of such contracts has increased exponentially. Previously, to transfer real estate and avoid paying a rather large tax, resorted to heterogeneous tricks, including selling at a very low price, transferring by will or lease, and now this is no longer necessary. Now it’s enough to draw up an apartment donation agreement to a relative, according to which all property rights to the property will be transferred to the donee, who will become the new owner.
It is worth noting that the number of fraudulent schemes on this basis has not increased, but more and more people are going to court to annul such a decision, and more often than not, relations are sorted out between relatives. Among the population, few people understand what they are doing, resorting to such a decision. Therefore, it is worth telling everything you need to know about the gift of real estate.
What are the implications?
Each person has some kind of property or its share, it can be a country villa, a large enterprise or a small house, an engagement ring, a TV or a mobile phone. All these things on the property rights belong to one or more persons. And the law protects this right, and it all starts with the basic law, that is, the Constitution, and ends with legal and regulatory acts. One of which is the Civil Code of the Russian Federation. It is customary to protect real estate doubly, since in this case not only the rights to the object itself are protected, but also the right to the place of residence.
Owner Rights
The owner of the property has access to transactions of sale, gift of real estate to a relative. In the latter case, a special document is used for this. A contract of gift of an apartment to a relative is executed in a special way. Once this is done, it already entails certain consequences from a legal point of view. Since we are talking about real estate, when drawing up a gift for it, the right to own it passes from one person to another, that is, the donee. From this moment, the new owner has the right to sell, exchange, donate or testament. The previous owner may not rely on any rights in relation to it. If we talk about how best to formalize the alienation of real estate by means of a gift agreement, then it is worth noting that it can be formalized so that it will come into force after a certain time. However, there is an important point here: the new owner takes over the rights only if the donor is still alive.
Mistakes
If a gift of real estate is made out to a relative, the documents must be filled out correctly. Such an error occurs when the agreement states that property rights will be transferred only after the death of the donor. From the point of view of the law, this is incorrect, therefore such an agreement cannot be considered valid. If the donation of real estate to a relative and the collection of necessary documents were successful, but the donor died before the endowment of the endowed with property rights, such housing will be added to the total mass of inherited property. A person who has not received a gift will become the same contender for the inheritance, like everyone else.
Required documents
At its core, this is a rather complicated process - giving a property to a relative. The documents required for this are presented in the following list:
- a passport or other document that serves as proof of identity;
- papers confirming the registration of the donor's ownership of the property that he intends to donate. In addition, it is necessary to attach a receipt on state duty with a written statement by the owner of the apartment to transfer rights to it, as well as a specially prepared statement of the new owner of the apartment;
- the gift of real estate itself;
- cadastral passport for housing issued by the BTI, as well as a certificate indicating the estimated value of the property being donated;
- written consent from close owners of real estate. Such consent is required if the housing belongs to the class of joint property of the spouses.
Contract
The difference between close relatives and other people is that for the sake of them the majority is ready to commit insanity, and also worries about them much more than about everyone else. Therefore, the donation of real estate to a son, daughter, mother or wife should be carried out without payment, and not serve as an opportunity for the tax authorities to receive the tax imposed on the sale of real estate. Given that we are talking about close relatives, there is a certain procedure in accordance with which the donation of real estate to a relative is carried out. The contract in this situation has the same legal force as in all others, and the requirements for it are similar. The necessary list also includes the spouse's consent to donation, if the property was purchased in marriage for joint savings, and this written consent must be notarized.
Decor
As soon as the contract is drawn up, you must come along with the donee to the Office of Rosreestra at the place of real estate placement. In addition to all these documents, this service is required to submit documents that serve as confirmation of your kinship. The relative to whom you decided to donate the apartment may at any time refuse the transaction, both before its execution and after its completion. To do this, you need to draw up a written application, and then undergo mandatory registration with government agencies.
Minor recipient
When giving an apartment in this case, it is necessary to take into account certain features. All transactions by minors are carried out with the help of a guardian or legal representative. There are different situations in life, and if the father does not live with the child, and the latter has a guardian, then when drawing up the gift contract, the guardian will sign this document, acting in the interests of the giftee. If the child lives with his father and mother, while the apartment is the property of the father, who wants to issue a gift for the child, then there is nothing complicated. Under normal circumstances, parents always served as legal representatives of their child, so if one of them wants to make a gift, then the second parent acts as the legal representative.
Giving an apartment to my wife
Sometimes the husband realizes that the spouse will not be easy after his death, so he decides to fully arrange housing for her, making her the sole owner. The problem is that after his death, not only his wife, but also adult children will claim for half of his property. In order for the spouse not to be in a difficult situation when she needs to redeem the shares of children, the spouse can make such a decision. Usually in this case we draw up an agreement on donating a share of the apartment to your relative, then as a result the second spouse will have all the living space in the property. First you need to select the husband’s share in kind or decide on the percentage of the apartment that belongs to him. It will not necessarily be half. If the apartment belonged to the husband entirely, he inherited it, or presented it to him, or he could have acquired it before marriage, then the registration of the gift for the spouse will take place on a common basis.
Tax
Earlier, tax was deducted from gift transactions, and now the new Tax Code of the Russian Federation does not oblige to pay gift tax on property. But the law also contains a list of persons who can be considered such relatives. This includes parents, children, including adopted children, wives and husbands, sisters and brothers, as well as grandparents. It is generally accepted that as a result of a gratuitous transaction between these categories of persons, income will not be generated for those citizens with respect to whom the gift is being issued. So, there is no point in levying a tax on such a deal.
Previously, the tax amount was 13% of the value of the property. It turns out that the legislation has significantly facilitated gratuitous transactions between relatives, which allows you to perform certain maneuvers with real estate, while not losing a substantial amount of money. Now you know how the gift of real estate to a relative is made out, the documents that are necessary for this, and other facts.