After the abolition of the gift tax and inheritance tax , cases of gift of real estate have significantly increased . This has become much easier than bequeathing or selling it. Often people who want to make such a luxurious gift ask: "How to present an apartment without unnecessary problems and difficulties?"
One of the main reasons why people consider it necessary to give apartments is the hope that the property will be reliably protected from unwanted attacks, such as distant relatives. Often an apartment becomes a wedding present. If the parents decided to give such a gift to their son or daughter, then
in case of a divorce, the apartment will not be divided, it will remain the property of the person to whom it was given.
It will be prudent to give the apartment to blood relatives - in such a situation, the operation is not taxed. In all other cases, the donee will have to pay the state a tax equal to 13% of the cost of the apartment.
It is rather difficult to give an apartment to government employees, employees of medical, educational and social institutions. Evidence is needed that this is not a bribe, but a selfless gift.
If you decide to donate real estate, you must register the contract with the authorities of the Federal Registration Service, only then it will receive the status of a prisoner.
Before giving an apartment, you will need to collect a mandatory set of documents: a certificate that confirms the ownership of the donor to the apartment, the passport of the donor and the donor, a certificate confirming the cost of housing. In addition, you need the consent of all owners, which must be notarized, as well as a receipt for the payment of state duty.
Many are interested in the question: "Which is better - a testament or a deed of gift?" Of these transactions, you must choose the one that best meets the requirements of the parties.
Making a gift contract is much more expensive than wills. The volume of documents required for signing the contract, and the terms are also longer. However, the donee has the right to use the donated real estate after obtaining the right of ownership.
Making a will is very inexpensive. Formalities during its design will also arise less. The main costs and legal formalities await the heir after the death of his testator. The heir will be able to dispose of the bequeathed property only six months after the death of the testator. The interests of a person who wants to give an apartment are better reflected in a will. Until death, the apartment remains the property of the testator, and he is free to dispose of it as he wishes. There are often cases when even the closest people, having received an apartment as a gift, quickly forget about their promises to help and care for an elderly relative. Recognizing such a deed of gift in court is much more difficult than canceling a will.
There is no doubt that a person who is going to receive property is much more profitable to receive a gift. He immediately becomes a full owner and can dispose of real estate at his discretion. There are situations when an elderly person bequeaths an apartment in exchange for caring for him, later changes his decision, and people who have devoted several years to him learn about this decision only after his death.