Giving a share in an apartment to a relative: documents, tax

To give a share in an apartment, you can use one of two legal ways: register a procedure with a government agency or use the services of a notary public. Both of these methods have their advantages and disadvantages.

The second is superior to the first in convenience, since the notary is entrusted with all the obligations of drawing up the contract and its proper registration, however, in this case, the price of the services provided is a significant minus. If a person does not want to spend the extra money, he can independently draw up an agreement on donating a share of the apartment to a relative, therefore it is necessary to familiarize yourself with all possible options for resolving this issue.

Self-giving gift

To make a gift of your own, you need to go through 2 simple steps. First, a person is forced to draw up a contract, and then come to the authorized body for this and draw up the necessary documents. If the donee has not yet reached the age of 14, then all the necessary procedures for him must be performed by the guardian. If a person is over 14 years old, but he has not yet reached the age of majority, then his parents (guardian) and himself put the signature on the contract.

Drawing up a gift agreement

In order for a gift of a share in an apartment to a relative to be recognized as correctly executed, all requirements according to the law must be observed. This is especially true of the sequence and timeliness of actions. A contract of donation of a share of an apartment to a relative is signed only in the presence of an employee of the authorized body. You cannot sign until a visit is made to the appropriate organization.

If a person does not know the rules for drafting a contract, you can contact the lawyers. Carry out the donation of the share of the apartment to a relative, a sample contract in which allows you to execute it correctly, should be carefully. They compile this document in accordance with all requirements and taking into account modern requirements. If you make at least one mistake, the document will not be accepted. It will have to be redone, and then again bear the signature.

Information indicated in the contract

1. The exact designation of the share that is given to the person. The donor has the opportunity to donate his entire share or to designate only part of it.
2. Passport data in expanded form of the donor and the donee.
3. Address of the living space in which the donated share is located. It is necessary to indicate the exact address, taking into account all its components.
4. The exact number of square meters that are provided to the gifted. They must be calculated from the full footage of the living space.
5. Floor apartment.
6. The number of floors of the house.
7. The estimated value of the share can be prescribed, but this is not necessary.

Designation of special conditions

Sometimes provisions are made that indicate special rights and certain persons or other features of the transaction. Often, the donor indicates that he has the opportunity to live for some time on the territory of the share of the apartment he donated. If the donor is not going to use the share of the apartment, but is not going to be discharged from the living space, then this should also be written down immediately in the contract.

When the donor is going to live in the donated housing for death or a long term, it is also worth writing down in the contract so that there are no disputes about the legal status of people. Donating a share of the apartment to a relative whose sample contract is shown in the image must be carried out according to all the rules.

Contract registration

To sign and formalize the contract, you must contact one of the following institutions: UFRS, MFC or the Cadastral Chamber. Article 131 of the Civil Code of the Russian Federation regulates that a person can choose any of these bodies, but you can only go to the organization located in the area where the apartment is located. When making a donation, the difference between the listed registration authorities is not determined.

The necessary package of documents

When a donation of a share of an apartment to a relative is made out, documents are provided in full:

1. Passport of both parties.
2. Gift agreement. It is necessary to submit as many copies as the number of participants in the transaction, that is, all people involved in this transaction are taken into account. To this number is added another instance. He is left in the organization that formalizes the transaction. You can trace this pattern on the corresponding example: if there are 2 donors, and the donee is one, then persons are required to provide 4 copies.
3. Certificate of ownership from each donor.
4. The consent notarized by a notary to donate a share in the apartment to a relative of the legal spouse, if the share in the apartment is recognized as jointly acquired.
5. Power of attorney certified by a notary. It is necessary if any party to the transaction did not appear in the state body to register the contract, and instead a proxy appeared. This person is also required to present a passport together with a power of attorney. Donating a share in an apartment to a relative by proxy does not differ from the standard procedure, except for the need to provide the listed documents.
6. Written permission from guardianship authorities, as well as from a legal guardian, if he has not reached the age of majority or is not competent.

It should be remembered that the main package of documents is presented, however, in a particular case, employees of the registering authority may request other papers. If you are not sure about the typical nature of your situation, you can go to a consultant to let him know in advance what additional help may be required.

Actions when registering a gift agreement

To complete a transaction it is necessary to carry out the following actions:

1. Pay 2000 rubles as a state duty. In order not to waste extra time, you should visit the cash desk located in the building of the registering authority. It should be remembered that the payment of state duty rests with the donee.
2. Drawing up two statements. They are compiled and executed by the registrar. After that, each side is familiarized with the document, checks it for compliance with the facts, and then certifies it with its own signature.
3. The registrar must pick up all submitted documents. The exception is only the passports of the parties to the transaction. At the same time, each party to the transaction must receive receipts on the acceptance of documents. They specify the exact date when you need to come to the registration authority in order to collect certificates of ownership of the written-off property. Together with him, all documents previously collected are given back.

The law regulates that registration of a contract should take no more than 10 days. In reality, the employee does not always meet the deadline, therefore, before you pick up the documents, you can call the organization and check whether all the necessary documents are in ready condition.

Completion of the donation process

On the day appointed in advance, both parties to the transaction must bring their passports, issued receipts, come to the registration authority and pick up all the documents due to them together with donation agreements. The donee is additionally issued a certificate of ownership of the apartment.

When the registration process is completed, the donee can register in the apartment, and the donor to leave it, however, these issues are decided by agreement of the parties and subject to additional conditions of the contract. The donee is required to pay 13% of the cost of the share when the share of the apartment is donated to a relative. The tax is transferred to the state.

The process of registering a donation of a share at a notary

To make a donation using the services of a notary, you will have to spend a fairly large sum of money. Such a procedure pays off if the parties assume that some people will decide to challenge the deed of share in the apartment after its registration. It is the notary public who is interested in the proper execution of the transaction. This is how the donation of the share of the apartment to the relative takes place.

A notary is provided with a package of documents

It is necessary to prepare the following documents:

1. Passports of both parties to the transaction.
2. Certificate of ownership held by the donor.
3. Foundation agreement.
4. An extract from the Unified State Register on the apartment, the share of which is presented as a gift.
5. Information on the number of registered in the housing. This document is not requested by all notaries, but should be provided if necessary.

Notary Functions

This employee is required to draw up gift agreements, which are signed by each participant in the transaction in his presence. The contract must necessarily specify the value of the share in the apartment, which is determined by agreement of the parties to the transaction. If you determine the value below real, then, if desired by other relatives, the transaction can be canceled.

The notary will not allow to ignore this aspect, since the state duty and the services of this employee depend on the prescribed amount. In order not to waste extra time, a notary can obtain a spouse’s consent to donate a share in the apartment to a relative if it is recognized as jointly acquired. This item is also important. These are the main functions of a notary public, which provides for the donation of a share in an apartment to a relative (2014).

The cost of registration of a gift from a notary

1. Drawing up a contract is estimated at 2000 rubles.
2. In the Registration Chamber, another 1,400 rubles will be charged to a relative for donating a share in the apartment.
3. When a share is received by family members, i.e. husbands or wives, children, parents, and also the closest relatives, such as grandparents, grandchildren, sisters and brothers, the state duty will be only 0.3% of the value accrued in the contract, however this amount cannot be less than 300 rubles.

Transaction Features

To register a transaction, a notary must temporarily pick up a gift agreement, as well as the documents submitted, exceptions are the passports of both parties. This employee is required to give receipts, which indicate the receipt of documents and the obligation to issue all the necessary documents, that is, to complete the transaction by a certain date. The parties may agree on the place where they decided to pick up the documents. This is how a share in the apartment is given to a relative. Rosreestr issues documents upon request, but you can pick them up from a notary public.

A transaction is considered completed only when all documents have been withdrawn, that is, the parties will withdraw donation agreements, and the donee will receive a new certificate of ownership. In order for the transaction to succeed, you must follow all the rules for its execution and act in accordance with the law.