When donating an apartment, it is very important to strictly follow all formalities. Firstly, it is necessary to correctly register the transaction itself. Secondly, prepare the documents correctly so that other relatives or interested parties cannot challenge it in any cases. Taxation is also an important point. It is necessary to correctly submit all required forms to regulatory authorities in a timely manner in order to avoid sanctions and fines on their part. After all, as a result of a donation, the recipient receives income, which means that tax must be withheld from him. However, in the case of close relatives, the cost of the apartment is not taxed, but the degree of relationship must be proven.
Registration of ownership of real estate by gift
Before you figure out whether a 3rd personal income tax declaration is needed when donating an apartment to a relative, you need to decide on the registration of the transaction itself. When receiving ownership of real estate or any other property, you must be sure to register everything correctly. There are often situations when parents simply transfer their property to their children, believing that now they will own a house or apartment. But until such a transaction passes the registration procedure with government authorities, it will be considered invalid.
Registration of rights is required for the following reasons:
- Firstly, only the reflection of a transaction in a special state register will mean that an individual is the owner of real estate, which means that his right cannot be violated by anyone, it can be defended in any court. Otherwise, various unscrupulous persons may take advantage of a person’s legal illiteracy and deprive him of his property.
- Secondly, this is a state requirement. Every citizen who owns property is required to pay property tax, so it is very important for regulatory authorities to know what kind of real estate individuals own. They can get this information from the state register. Failure to register a transaction in a timely manner may be regarded as tax evasion, which is an offense for which certain penalties are provided.
3NDFL 2020 gifts to close relatives
This value is determined according to the market or cadastral price of the donated property.
For this reason, the law does not precisely determine who must file the declaration - the donor or the donee. But in practice, the tax is paid by the donee. The donor is also recommended to submit a declaration on the fact of donating the apartment, and not just to the person to whom the apartment was given, since after filing such a declaration, the tax authority relieves him of the obligation to pay the property tax provided for owners of real estate.
How to fill out the declaration form? How to fill out a declaration? The declaration has a strict form established by law, and according to which declarants are required to fill it out. If any mistake is made in filling out, it is quite possible that the tax authorities will not accept it, and you will have to fill out everything again.
It is advisable to ask the tax authority for a sample form. Do I need to submit a declaration when donating an apartment to a relative?
This declaration is a statement of the occurrence of a tax obligation and the intention to fulfill it. Whether it needs to be submitted or not depends on the circumstances under which the donation was made.
It is worth noting that in case of non-compliance with the procedure for fulfilling tax obligations and refusal to fulfill them, persons may be held accountable. Content
- When does tax liability arise? Why do you need a personal income tax declaration 3 when making a gift? How to fill out the declaration form? Gift to a close relative: is a declaration submitted? When do you need to submit a declaration?
When does tax liability arise? Tax liability arises depending on the availability of an object of taxation.
In this case, such an object is an apartment. To calculate tax, you need to submit the following papers to the tax office: ownership certificate; donation contract; certificate from the BTI and acceptance certificate; passport; if the contract is concluded by spouses, a marriage certificate;
Is it necessary to submit a 3-NDFL declaration when donating an apartment to a close relative?
Hello friends! Very often, people transfer various property to their relatives without formalizing it in any way.
However, in everything related to real estate, it is better to comply with all formalities. After all, actual ownership that is not reflected in state registers can be considered tax evasion. And this is severely punishable, including criminal liability, not to mention fines.
In addition, you should submit a 3-NDFL declaration - when donating an apartment to a close relative, the parties are exempt from taxation, but with this report you will protect yourself from possible hassles, explanations and proceedings in the future. Moreover, the degree of relationship must be reflected in the appropriate section of the form.
Do I need to submit a declaration when donating an apartment to a relative?
This declaration is a statement of the occurrence of a tax obligation and the intention to fulfill it.
Whether it needs to be filed or not depends on the circumstances under which the donation was made.
3-NDFL when donating an apartment to a close relative: is it necessary or not? It is worth noting that if the procedure for fulfilling the tax obligation is not followed and the person refuses to fulfill it, persons may be held accountable.
Tax liability arises depending on the availability of an object of taxation. In this case, such an object is an apartment. But it is considered not as an object of property tax, but as an object of personal income tax (personal income tax).
After all, in essence, a person receives income that does not have a monetary value. Since such taxation is established in tax legislation, then, accordingly, individuals are obligated to pay tax.
When does such an obligation arise? As a general rule, such an obligation arises at the time of donation of property. However, it is worth noting that the official moment is not the time of conclusion of the deed of gift, but the time of registration of rights to the apartment, which is transferred under the deed of gift.
Is it necessary to submit a 3rd personal income tax declaration for a donated apartment?
The content and form of the apartment donation agreement are regulated by the Civil Code of the Russian Federation. Firstly, the document must be drawn up in simple written form, the donor and the donee must be indicated, the object of the transaction must be described so that it can be easily identified, and the rights of all parties must be stated. The agreement must be certified by a notary, who will confirm the legal capacity of the parties, which means their understanding of the consequences of the transaction.
The main feature of donation is its gratuitousness. In other words, property passes from one owner to another without any payment. However, according to tax law, the donee generates income, which means he must pay tax. At the same time, a separate article of the Tax Code of the Russian Federation contains a list of persons who are exempt from paying personal income tax (in particular, these are immediate, close relatives). The Family Code includes parents, children, grandparents, grandchildren, brothers and sisters as such persons. The rest of the relatives will have to pay tax after receiving the gift.
Consequently, after the gift agreement is registered, each party has the obligation to file a tax return 3 personal income tax, in which either calculate the tax or prove that the property was received from a close relative, which means there is no obligation to pay a fee.
Sample of filling out 3 personal income tax when donating an apartment for 2020
SAMPLE FILLING OUT 3 NDFL WHEN DONATING AN APARTMENT FOR 2020
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PREPARATION OF DOCUMENTS Changes 2020: filling out the program Declaration for 2020 Detailed analysis of the video and our comments on it: Samples of gift agreements Declaration 3-NDFL when donating real estate Real estate received as a gift is subject to taxation, and individuals must report it to the tax authorities, and also pay the applicable taxes. Before the obligation to pay income tax occurs, a citizen must submit a 3-NDFL declaration of income received to the Federal Tax Service of the Federal Tax Service at the place of registration.
The period for its provision is calculated from the moment a citizen acquires ownership of real estate and must be completed before April 30 of the following year after the transaction is completed. Information Since the donor transfers the property free of charge and does not receive income for it, he does not need to pay tax. The obligation to provide a declaration and make appropriate deductions rests only with the donee.
You can read more detailed information about taxation of gifts between relatives in our article. Tax on gifts of property between relatives.
When do you need to pay gift tax?
In general, gifts are recognized as income in kind and, if the income is not clearly exempt from taxation, we described these cases above, then you must declare it and pay tax.
How to fill out a tax return?
There are two ways to prepare a document. The first is to contact specialists. This method is effective if the donor or recipient has never encountered legislation on taxes and fees before and does not know the procedure for issuing a certificate 3 of personal income tax. Contacting a specialized organization will significantly save time and be sure that all documents will be accepted by the regulatory authority the first time without additional modifications. In addition, specialists clearly know what documents need to be attached to the declaration in order to avoid paying personal income tax when donating an apartment to close relatives. It must be remembered that the services of specialists are paid.
The second way is to do it all yourself. This will save a certain amount of money, but will require significant time expenditure, especially if the declaration is being completed for the first time. You can get a sample of filling out 3 personal income tax on the Internet, but it is better to contact the tax office at your place of residence and fill it out in accordance with the recommendations, which are usually posted on stands in the reception hall for individuals.
Instructions: how to fill out the new form 3-NDFL 2020
There is no need to fill out all the sheets. Indicate information only on those sheets of the tax return that are necessary to reflect income received, expenses incurred and tax deductions that are due to an individual in the reporting period.
We recommend reading: What the court cannot take away from the debtor
Where to submit 3-NDFL
Income from the sale of residential houses, apartments, rooms, including privatized residential premises, dachas, garden houses or land plots or share(s) in the specified property, determined based on the price of the object specified in the agreement on the alienation of property
It's time to consider a sample of filling out 3-NDFL for a gift. The situation will be considered from two angles: between individuals and when the donor is an organization (legal entity or individual entrepreneur), and the recipient is an individual. As a rule, in the second case, the organization (most often it is the employer) independently pays personal income tax on the gift. If the tax is not paid, the employee is warned about this and this responsibility falls on his shoulders.
Instructions for preparing a declaration under an apartment donation agreement
Filling out and submitting 3 personal income tax should be done in several stages:
- The first step should be to collect the necessary documents. The taxpayer will need a passport, a certificate of ownership of the apartment, a gift agreement, and documents confirming the relationship with the donor.
- The second step is to directly fill out the declaration. Here you must indicate the number of the inspection where the document will be submitted. This can be obtained directly from the regulatory authority. It should also indicate who submits the declaration - the taxpayer himself or an authorized representative. The recipient indicates civil contracts and transactions as the source of income. In conclusion, the source of personal income tax payment should be indicated. If the relationship is close, this fact should also be reflected in the appropriate section of the form.
- The third step is to provide a package of documents to the Federal Tax Service. This can also be done either by the taxpayer himself or by his authorized representative.
After this, all that remains is to wait for the test results. If the regulatory authority is satisfied with all the documents, there will be no messages. In the future, demands for payment of property taxes will only come. If errors are found during the verification process, a letter will be sent demanding that they be corrected and a correct declaration be provided.
Is it necessary to submit a declaration when donating an apartment to a close relative? 2017
When donating an apartment, it is very important to strictly follow all formalities. Firstly, it is necessary to correctly register the transaction itself. Secondly, prepare the documents correctly so that other relatives or interested parties cannot challenge it in any cases.
However, when I was about to file a return, on the way to the tax office I got into a serious accident, because of which I had to stay in the hospital for more than a year, which is why, as you understand, I was not able to pay income tax. Now I have received a letter by mail according to which they want to bring me to administrative responsibility and impose a large fine on me. What do i do? Is it possible to challenge the tax authorities’ decision based on the fact that I was in the hospital? Answer In your situation, there really is a tax violation, so you will definitely have to pay a fine.
Features of taxation when drawing up a gift agreement
The first thing to remember is that when transferring an apartment on the basis of a deed of gift, personal income tax declaration 3 for individuals must be submitted. Of course, there is no clear requirement in the law in this regard, however, in this case, it is better to provide documents than to later give explanations to the Federal Tax Service employees about the reason for late submission.
The second important point is that a tax deduction when donating an apartment to a close relative is not provided. Since such a transaction is not subject to personal income tax, the benefit does not apply to it. The list of close relatives is indicated in the Family Code. However, this norm applies only to the recipient. If the donor did not exercise his right to a property tax deduction earlier, and has already donated an apartment, he retains this right, and he can at any time collect the necessary package of documents and send it to the Federal Tax Service to receive a personal income tax refund.
The described norms and rules apply not only to any entire housing, but also to a share of the apartment, the donation of which is duly formalized. In such a situation, it is also recommended to fill out and submit a declaration, indicate the degree of relationship and, if possible, receive a tax deduction.
Samples of filling out 3-NDFL when donating a land plot
› Article current as of: November 2020
The 3-NDFL declaration for 2020 must be submitted in 2020.
Legislation changes over time, and tax return forms change accordingly.
Sometimes small changes are made to them, for example, related to an increase in tax deductions, and sometimes drastic changes related to simplifying the declaration and reducing the number of sheets in it. Accordingly, examples of filling out the 3-NDFL declaration differ depending on the year for which the 3-NDFL declaration is filled out. Using the links on the right you can find examples and samples of filling out the 3-NDFL declaration for different years.
It is recommended to use current samples for filling out the 3-NDFL declaration, because samples from past years may not be suitable for filling out a new declaration form. Samples of filling out 3-NDFL for previous years are stored on the website for those who, for various reasons, need to fill out 3-NDFL or submit an updated declaration for previous periods.
Examples and a sample of filling out the 3-NDFL declaration 2020 - a declaration filled out in 2020 - have been prepared especially for our website. Please note that if the property (apartment or car) was owned for more than the minimum period of ownership (3 or 5 years), then you do not need to fill out a declaration when selling it.
More details here. Articles on the topic (click to view) This example is for the case when an apartment, house or other real estate was acquired after January 1, 2020. If the apartment was purchased or received ownership before January 1, 2020, then most likely it was owned for more than the minimum ownership period (3 years), and in this case it is not necessary to fill out a declaration when selling them.
If you submit a 3-NDFL declaration to receive a property tax deduction for expenses on the purchase of an apartment and received income from several sources, for example, if you work at your main place
Deadline for filing a declaration
A very important point is to comply with the deadline for sending 3 personal income taxes to the Federal Tax Service. Only one month is allotted for this from the date of receipt of the certificate of registration of property in the property. Violation of the deadline entails a fine, therefore, this obligation to the tax authorities of the donee, established in the Tax Code of the Russian Federation, should be approached as responsibly as possible.
Thus, when executing a gift transaction, it is necessary to carefully study its tax consequences. Thus, when transferring housing or property to a close relative, a property deduction is not provided. At the same time, the transaction is not subject to personal income tax. If the relative is not close, then he will have to pay 13% of the value of the object received as a result of a gift, but he will also be able to receive a refund of part of the personal income tax (a more detailed example of the taxation of a real estate gift transaction can be found on specialized websites on the Internet). In other words, in this case, the amount of tax payable will also be zero. However, this calculation must be submitted in Form 3 of personal income tax to avoid penalties from regulatory authorities.
How to determine the value of a gift and the amount of tax?
Christina, since the gift to the children came from their natural father, then, in accordance with Article 217 of the Tax Code of the Russian Federation, income received as a result of this transaction is not subject to income tax, therefore there is no need to submit a document. Good evening! The grandmother gave her grandson a one-room apartment. What documents need to be submitted to the tax office?
To do this, it is enough to multiply the calculated tax base by the standard income duty rate.
On the other hand, if an apartment was donated between relatives who do not fall under the category of close relatives, gifts of this kind can also be accepted, but not free of charge in relation to the state.
At the same time, income received as a gift is exempt from taxation if the donor and donee are family members and (or) close relatives in accordance with the Family Code of the Russian Federation (spouses, parents and children, including adoptive parents and adopted children, grandfather, grandmother and grandchildren, full and half (having a common father or mother) brothers and sisters).
