In the Russian Federation, all real estate transactions are fixed. In order to be able to dispose of property, it is necessary to register the rights and make changes to the unified register. Depending on the current situation, it is necessary to follow certain regulations in order to collect the appropriate package of documents when provided to authorized organizations. An integral part of this procedure is the payment of state fees for registration of ownership.
National tax
This is a payment for legally significant services provided by the state, charged from organizations and individuals. The legitimacy of payments is regulated by Article 333. 33 of the Tax Code of the Russian Federation.
The state duty for registration of ownership of real estate is paid in case of need to draw up a contract of sale, gift, barter, inheritance, as well as other actions subject to mandatory registration in accordance with the law FZ-N 122 ..
Property Registration Process
At the moment, in addition to Rosreestr, you can register your property rights in multifunctional centers, which were created in order to offload the registration department. At the same time, details of the state duty for registering the right of ownership through the MFC may differ.
Registration cannot exceed the established deadlines without good reason, while the preparation of papers can take much longer. Depending on the type of real estate, as well as the legal status of the property for which you are applying, the requirements for the documents presented may vary.
The most common package of documents:
- An application asking for a change of ownership with title documents (that is, on what basis does the current owner own the property, for example, a sales contract, certificate of inheritance, etc.).
- Technical and (or) cadastral passport.
- Passports of participants in the transaction.
- A notarized power of attorney, if it is not possible to have a personal presence of interested parties (It is important when transferring authority to correctly specify not only personal data. They also prescribe what object and organizations are allowed to act on your behalf).
- Signed contracts and deed of transfer.
- Copy of personal account and information about registered persons.
- Confirmation of payment of state duty.
Of course, the registrar receives information about the state duty crediting on his own, but it is recommended to provide this information along with the rest of the documents in order to exclude the possibility of rejecting or increasing the time for consideration of the application. Until the payment is credited to the budget, the registrar will not start the process.
Information about the property is contained in the Unified State Register of Real Estate. Having ordered an extract from the USRN, you can find out about the legal claims, restrictions and encumbrances established in relation to a particular object.
How much should I pay?
The size of the state duty for registering property rights for individuals and organizations has a significant difference.
As of 2018, some of the most common registration fees are paid for such services:
- Registration of restrictions (encumbrances) of rights to immovable property, such as the conclusion of a long-term lease, concession, etc., as well as an agreement on the alienation of immovable property (purchase and sale, barter, rent, gift, etc.) is the amount of: for individuals - 2000 rubles., Legal entities will pay 22000 rubles.
- The state duty on the share of property in an apartment building will be 200 rubles.
- For land plots having the purpose of individual housing construction, private household plots, for an individual garage, cottage, gardening, for a structure erected or being built on such a plot, you need to pay 350 rubles.
- Amendments to the USRN during registration of a mortgage will cost organizations 4000 rubles, the rest - 1000 rubles.
- Shared construction (registration of a new building): individuals contribute 350 rubles to the budget, and legal entities - 6,000 rubles.
The state duty for registration of ownership of the house and the land under it is paid separately.
Who can save on clearance?
Federal authorities, state authorities, local government bodies and low-income families are legally exempted from paying state fees for registering property rights.
The registration of the right is paid by the buyer, and the number of buyers and receipts must be the same, since the amount of the state fee is distributed in equal shares between all applicants.
For example, in the contract of sale 3 people are indicated by the buyer. The state duty for registration of ownership of an apartment is 2000 rubles, 2000 ÷ 3 ≈ 666.66; round up to 667 rubles. So, everyone pays 667 rubles. for your personal right.
When the spouses jointly purchase (joint ownership), the state fee for registering the right of ownership, for example, of an apartment, is not divided, you can make money in one payment.
The seller is taxed in the event of a change in his data after the last registration of rights to the same apartment. Of course, there are different situations before the transaction, for example, both parties (buyer and seller) agree to bear all financial expenses in equal shares.
Other persons can make the payment without an official power of attorney, it is important to indicate the payer details
How to pay state fees through public services and save? You will find the answer below.
Where to find out the details of state duty for registration of ownership
The electronic service "State Services" is very easy to manage, multi-functional, on it, as well as on the official website of the Rosreestr, the exact details of the state duty for registration of ownership are indicated. For citizens who do not have the desire or ability to use electronic updates, you must first take the details. The main thing is to get up-to-date information on the day of depositing money, since the data of the same service often changes. Details for payment of state fees for registration of property rights will be issued at the offices of Rosreestr, at the MFC.
State duty details must correspond to the chosen registration office. The digital code (BSC) of Rosreestr and MFC varies, depending on the place of application.
Deposit Options
When depositing money into the treasury, you can pay in cash or by bank transfer. In both cases, only accredited payment systems can accept such payments, directly at the bank's cash desks, as well as on the government services website.
The state duty for registration of ownership of an apartment and other real estate is paid in the terminals. Sometimes they are installed directly in the institution that conducts the registration, as well as in bank branches.
Using the terminal, you will find the desired payment yourself, or try to contact the specialists for help.
The mobile application is also used as a payment option.
It is necessary to take into account the commission provided for the operation of a particular institution.
Payment through Sberbank
Sberbank of Russia is very popular among citizens. Its branches are located, as a rule, near state institutions, sometimes ATMs are located directly in the same building. This is very convenient, in addition, the commission for operations is minimal, in some cases it is not charged at all. Through your personal account, using a plastic card of the bank, it is easy to find a payment by the TIN number or a unique code. Unique identification QR code - an innovation that helps to eliminate data entry errors. You can get it along with the details for payment. If you encounter difficulties with self-service terminals, contact the managers or at the bank cash desks.
There are also online payment options.
How to pay state duty through public services?
Increasingly, they use the virtual method of paying state fees. In 2009, officials of the Russian Federation appointed Rostelecom as the executor for the development of the official website. Currently, millions of users are already registered on it, since it greatly simplifies the receipt of an extensive range of services and information about state enterprises and other social bodies. Everyone can register on the site, but confirmation of the data is necessary. You can confirm them in the multifunctional centers at the place of registration by presenting a passport, after which access to the full range of site services is opened, including payment of state duty.
Since 2017, in order to introduce the Internet portal of public services, for individuals and legal entities registered on the website, the state duty for registering ownership of an apartment and other real estate is 30% more profitable than other types of payment.
Using this service before real estate registration, the client eliminates the need for intermediate procedures. So, he will not have to present a state duty receipt for registering the right of ownership and submit it along with the rest of the package of documents to the registration office. The funds are credited to the recipient’s budget online. The registrar sees the payment at the time of receipt of documents.
The process is quite simple. First you need to submit an application on the site, after which you will be sent an electronic receipt with the necessary details, taking into account the allocation (that is, 30% less than that provided by Rosreestr). To deposit money for the service, it is enough to use a bank card or virtual money, or even funds on a mobile phone.
The official electronic service allows you to go through the entire process of registering property rights without visiting registration authorities. The electronic information that this service issues is legally binding, the same as when personally contacting the relevant organizations.
Refund Procedure
Mistakes in depositing funds are made by both individuals (name, passport data, etc.) and legal entities (KPP, TIN, wrong name of the Office). This becomes the reason for the refusal of the application to perform legally significant actions.
If an error occurred, or if the amount of the state duty for registering the right of ownership significantly exceeded the necessary, it is worth contacting the organization that was supposed to perform legally significant actions. There is also a form for writing the application, which must be filled out by the payer or his authorized representative (only with an indication of these powers in the power of attorney). It is allowed to apply for a refund within 3 years from the moment of making the money. Online networks fill out an application form on the official website of Rosreestr.
Who to trust?
Do not forget: if for some reason you do not want or are not able to independently go through the procedure for registering real estate as property, any other adults can act on your behalf. Notary power of attorney is not required to pay the state fee. But for the entire procedure of registration and preliminary collection of some documents, a power of attorney is drawn up by a notary with a listing of all instances, as well as an indication of the boundaries of authority in relation to a specific situation. As a rule, employees of trusted real estate agencies become reliable assistants for individuals.