How to give a donated apartment to a relative?

Reducing the amount of payments

What tax must be paid when selling a donated apartment?
The tax amount is 13% of the cost of the apartment. For example, an apartment with a cadastral value of 10,000,000 rubles was sold for 6,000,000.

If the process took place before 2020, the tax is calculated as follows:
13% of 6,000,000, i.e. 780,000 rubles.

If the donation took place in 2020, then:
we calculate 13% of 7,000,000 and get 910,000 rubles - this is the tax amount.

Find out whether you can return or re-donate a donated apartment on our website.

How can you reduce tax on a sale if the apartment was received under a gift agreement?

When paying personal income tax, the seller of the apartment has the right to a tax deduction in the amount of 1 million rubles. Those. it will not be paid at the full cost, but at 1 million rubles less.

If we return to the example described above, then when using the personal income tax deduction you need to pay:

If the apartment is owned before 2020 - from 5,000,000 rubles (6,000,000 - 1,000,000) and will be 650,000 rubles.
If it was presented in 2020 - from 6,000,000 rubles (7,000,000 - 1,000,000) and you need to pay 780,000 rubles.

There is another situation in which the tax paid is reduced: if in the same year when the home is sold, a new property is purchased.

In this case, personal income tax is paid on the difference between the income from the sale of the previous apartment and the costs of purchasing a new one. Moreover, the cost of purchasing housing means:

the cost of an apartment, residential building, or land plot;
construction or renovation costs;
privatization costs.

If the costs of purchasing real estate include repair or construction costs, they must be documented.

The right to a tax deduction is retained.

If the purchased housing is cheaper than the sold one, taxable income is calculated as follows: one million rubles and the cost of the new one are subtracted from the cost of the old property.

If new housing is more expensive, then the tax base will decrease by the difference in their price. If, taking into account other actions, this amount turns out to be negative, 13% of it must be returned.

How to formalize the donation of an apartment to your daughter: step-by-step actions, a package of documents and a sample agreement

Each parent wants only the best for their children.
This also applies to housing meters. How to issue a deed of gift for an apartment for your daughter is the topic of our article. Many of you would probably like to be sure that your apartment or house will go to your son (you can read how to give an apartment to your son here) or daughter.

According to Part 2 of Art. 209 of the Civil Code of the Russian Federation “The owner has the right... to alienate his property into the ownership of other persons...”. From the article of the Civil Code it is clear that the owner (parent) has the right to donate an apartment to his daughter, but how to use it and how to do it correctly?

The concept and advantages of donation over other transactions

First, let's understand the concepts. Is there anything in common between donation and deed of gift?

Donation is one of the options for the alienation of real estate. A deed of gift for an apartment (in civil law) is a unilateral transaction, according to which one person irrevocably alienates the ownership of his property in favor of another.

In order for such a transaction to be recognized as valid, it is necessary to comply with certain mandatory conditions for its execution, which are established by law.

Alienation of property rights through a deed of gift, as a rule, is used by persons who are in close family ties. This is not surprising, since when re-registering ownership of an apartment between close relatives, the tax code exempts the participants in this transaction from paying tax (personal income tax).

Considering that the cost of real estate can be quite large, this is a significant advantage in favor of this method of completing a property transaction.

For comparison, persons who do not have these close family ties (distant relatives), when transferring ownership of an apartment through a gift agreement, pay a tax fee of 13% of the appraised value of the apartment.

The benefits of giving a daughter are obvious:

collection of fewer documents compared to purchase and sale;
no need to pay tax due to close relationship;
the daughter becomes the full owner of the property now compared to the inheritance procedure. This is a significant nuance if the spouse has children from previous marriages and this apartment is jointly acquired property during the period of their official residence together (marriage). In this case, they are also the first-priority heirs;
The donated apartment will remain with the daughter in case of division of property during a divorce.

Conclusion of a gift agreement and collection of documents

The legislation of the Russian Federation tells us that the right of ownership of housing arises only after its state registration. Today, there are two options for registering a deed of gift:

On one's own.
Through a notary office.

Both the first and second cases have their positive and negative aspects. The choice is a personal matter for the parties to the transaction. To make an informed decision regarding the choice of one of the design methods, let’s consider them in more detail.

If you choose the first path, you will have to draw up a written gift agreement yourself. Please note that this document must contain the following information:

Last name First name Patronymic of the persons participating in the transaction;
passport details of the parties to the agreement;
the exact address of the property being alienated, as well as information from the housing cadastral passport;
all information about the document that confirms the donor’s ownership;
information about all family members who are registered in the apartment that is the subject of the agreement.

You can view and download a current sample of a gift agreement using this link.

After compiling it, you should go to the local department of Rosreestr or to the multifunctional center (MFC) in order to go through the registration procedure for accepting all documents in accordance with Art. 574 Civil Code of the Russian Federation.

You will have to receive a certificate of ownership of your daughter where the documents were submitted on the basis of a receipt of acceptance issued by the registrar.

According to the procedure, registration begins immediately after submitting the appropriate application along with a package of documents:

applicants' passports;
directly the application for registration;
receipt of payment of duty;
the contract itself (3 copies);
a document confirming that the apartment is the property of the donor;
cadastral documentation of housing;
an extract about the persons registered in the alienated home;
a certificate stating that the donor has no arrears in payments to the housing and communal services and the Federal Tax Service;
if the apartment was purchased during marriage, the consent of the donor’s spouse, certified by a notary, will additionally be required.

Within ten days, the registration authority verifies the accuracy and legality of the documents you submitted, enters new information into the Unified State Register, and certifies new title documents with signatures and a seal.

But what if the daughter is underage? The Civil Code, namely Article 26, states the following:

If the daughter is under 14 years old, then the legal representative (parent) must sign the gift agreement. In addition, the written consent of the parents (guardian) for the donation procedure will be required. The presence of the daughter is not required at the Registration Authority;
if the daughter is over 14 but under 18, then she signs the agreement together with her legal representative.

In the second case, having provided all of the above documents, the notary officer draws up a deed of gift, explaining and discussing all the consequences of the transaction for each of the parties.

Please note: the contract drawn up by a notary must indicate the real value of the transferred apartment.

Then, after signing the deed of gift by the mother (father) and daughter, and paying for all services to the notary, he starts the process of submitting documents for registration through electronic document management.

Thanks to the unified notary information system (UIS), its employees have access to many databases that allow them to quickly submit a gift agreement and receive a new certificate of title to real estate.

When submitting documents for registration through a notary, the processing time is reduced. It should be noted that the cost of the issued deed of gift is significantly higher. You can roughly calculate the total amount consisting of the cost:

services for drawing up deed of gift (2000 rubles);
registration in Rosreestr (1400 rubles);
state duties in the amount of 0.3% of the property under the contract (minimum amount 300 rubles).

When drawing up a deed of gift through a notary, you must understand that the transaction will be checked for legality (legal purity of the transaction), since the notary is responsible for his notarial actions with all his property. In addition, it will be much more difficult for those interested in it to challenge it.

For all the nuances regarding the execution of a gift deed, watch the following video:

Source: https://naslednik.guru/darenie/darstvennaja-na-doch.html

How to give your daughter real estate?

The donation of an apartment or house is accompanied by the preparation of a written deed of gift and subsequent registration of the transfer of ownership rights to the daughter. The latter is carried out by the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The fee for this is set at 2,000 rubles.

Attention

An application must be submitted to the territorial office of the registration authority at the address of the donated property. This can be done either at the institution itself or through the service website or

in the multifunctional center

In general, there is no need to contact a notary to draw up a gift agreement - no specific form has been established for a deed of gift. It is necessary to resort to the services of a lawyer based on the law dated July 13, 2015 No. 218-FZ if:

the property of a person with limited legal capacity is donated by his trustee on behalf of his ward (Part 2 of Article 54);
it is not given in its entirety, but in the form of shares from its co-owners (Part 1, Article 42).

In addition, a notarized document is difficult to challenge; the specialist confirms with his seal that both parents and daughter are making the transaction consciously and voluntarily. The notary will also help in drawing up the contract and explain important details. With the exception of the above situations, the notary fee for certifying a deed of gift will be calculated based on clause 1, part 1, art. 22.1 Fundamentals of the legislation of the Russian Federation on notaries:

if the value of real estate is less than RUB 10,000,000. — 3,000 rub. 0.2% of the cost;
otherwise - 23,000 rubles. 0.1% of the cost.

You can’t register a deed of gift in Rosreestr right away - Art. 157 of the Civil Code allows transactions with certain conditions. But it is important to remember that the gift agreement based on Art. 572 of the Civil Code cannot imply a reciprocal transfer of money or property from a daughter to a parent.

The gift agreement does not have a set form. It is necessary to discuss all the terms of the future transaction. The deed of gift must contain:

information about the parent and the gifted daughter;
clarifying information about the gift;
rights and obligations of the parties;
procedure for resolving possible disputes and transferring an apartment;
information about the encumbrance of the apartment or its absence;
if necessary, additional conditions for the entry into force or cancellation of the contract.

We invite you to read: How to draw up a deed of gift for an apartment in 2020.
The contract must indicate the specific subject of the gift, otherwise such a transaction is considered invalid. To describe housing, as a rule, the following are used:

his address;
state registration number in Rosreestr or cadastral number;
technical information (area, location in the house, number of rooms, etc.).

The agreement is drawn up in three copies, two of which are received by the donor and the recipient, and the third is kept by the registration authority.

Additional conditions include conditions precedent and exemplary conditions that may or may not occur in the future. The former refers to the conditions under which a transaction is considered completed and the rights and obligations described in it arise. For example, parents may promise to give an apartment to their daughter after graduation from university and note this in the gift deed. Cancellable conditions describe circumstances that entail the revocation of a gift, for example, in the event of the death of the former donor.

Deeds of gift for a house and a plot of land do not differ in content from those for an apartment. They should also note:

passport details of the parent donating the property and the daughter accepting the gift;
clarifying information about the house, such as address, information from an extract from the Unified State Register of Real Estate;
procedure for transfer of real estate;
how possible future disagreements will be resolved;
suspensive and disqualifying conditions, if any.

The deed of gift for land, in addition to the above data describing the site, must also contain information about the buildings on it.

Clause 4 art. 35 of the Land Code prohibits giving a house without the land on which it stands, and a plot without property on it, if both the property and the land belong to the same person.

To transfer real estate to a daughter after drawing up a gift agreement, it is necessary to submit two applications for the transfer and emergence of rights from the parent and daughter, respectively. They are registered by the Rosreestr authority at the location of the apartment or house. When applying, you must provide the following documents:

identification documents of the parties to the transaction;
at least two copies of the deed of gift;
title documents for housing;
an extract from the Unified State Registration Register or a certificate of registration of rights;
if the mortgage has not been paid for the housing, the consent of the mortgage bank.

Both the donor and the recipient, when applying to Rosreestr, submit two applications, in general, together and in person. The first is the basis for registering the transfer of property rights of the donor, and the second is the basis for the emergence of such a right in the donee. If the gift agreement was drawn up by a notary, then both applications can be submitted by either one of the participants in the transaction or a lawyer.

We invite you to read: Deed of gift for an apartment between close relatives in 2020, how to draw up how much it costs

Property acquired during marriage cannot be disposed of individually, no matter whose ownership it is. In order to give such a living space to your daughter, you must first obtain the consent of your spouse and have it notarized. However, if the donor himself received the property as a gift, then it is not considered jointly acquired, and he can deal with it at his own discretion.

Moreover, if the donor’s property rights were not previously registered with Rosreestr, then this will first have to be corrected by attaching the necessary documents.

For your information

It would be a good idea to clarify in advance the specific list of required documents. This can be done at the Rosreestr branch, MFC or through the service "

Life situations

».

Who should pay taxes when receiving real estate as a gift - video consultation

In relation to real estate, donation is one of the types of transactions - an agreement when the donor gratuitously (without payment) transfers certain property to the donee, or undertakes to transfer it in the future.
Receiving a gift of residential or any other premises is recognized as income, that is, the economic benefit of the person who received this property (in kind, not in cash). In this case, the legislator recognizes as income the benefit received by the donee by saving money that he would have had to spend on purchasing the relevant property.

After the donated apartment is registered in the Unified State Register of Real Estate under the name of the new owner, according to Art. 217 of the Tax Code of the Russian Federation (clause 18.1), the need to pay tax on income does not arise only in two cases:

if the donation occurred between persons recognized as family members and (or) close relatives.
gifts to consular employees and members of their families are also not taxed (this is established by the Vienna Convention on Consular and Diplomatic Relations).

All other lucky people who received an apartment or house as a gift are required to pay tax.

In order to find out whether it is necessary to pay personal income tax on donated housing, it is necessary to establish whether the donor and recipient are family members (Article 3 of the RF IC):

spouses;
parents and children (both natural and adopted);
grandparents and grandchildren;
brothers and sisters (including only one parent, that is, half-siblings).

All these persons do not pay taxes on the donated real estate!

It is important to know that gifts between, for example, aunts and nephews, cousins, and other related persons are not considered tax-exempt transactions.
There is a conflict here between the norms of the Housing and Family Codes regarding family members. Although the Family Code does not relate to the legislation on taxes and fees, a direct reference to Art. 208 of the Tax Code of the Russian Federation does not allow other relatives other than those named above to be included in the family for tax exemption purposes, and it does not even take into account the fact of living together and running a household, or the recipient being a dependent of the donor, and vice versa.

Thus, when concluding a gift agreement within a family, the recipient of housing as a gift does not have the obligation to pay tax and submit a tax return 3-NDFL. In the future, the owner only needs to pay property tax (Articles 400, 401 of the Tax Code of the Russian Federation).

The owner of real estate has the right to donate it to any person.

Receipt of income in the form of donated real estate is subject to taxation in the form of an obligation to pay income tax for individuals if the gift transaction is made between citizens who are not related. The legislation does not provide for any benefits for paying such tax depending on the degree of relationship.

Considering that the circle of family and close relatives is quite narrow by law, and family and kinship relationships connect a wider circle of people, in order to circumvent the need to pay a fairly large amount as personal income tax, they often resort to registering not a gift, but a purchase and sale (without paying money). This approach allows you to save on tax and receive a tax deduction from your “purchase”.

It should, however, be remembered that in the event of a trial, such a sham transaction, which actually covers up a donation, may be declared void.

Tax legislation does not make a difference between gifts made by relatives and between persons who are not related by any kinship.

So, with an apartment worth 3 million rubles (according to the assessment) donated by an uncle to his nephew, it will be necessary to pay 3,000,000 * 0.13 = 390,000 rubles.

In the same example, if the uncle is a resident of the Russian Federation, and the nephew permanently lives, for example, in Finland, the amount of personal income tax will be: 3,000,000 * 0.3 = 900,000 rubles.

The amount of personal income tax is calculated similarly in other cases, and the degree of relationship does not matter, as does the type of property donated.

Who should pay taxes and what should you know about taxes if you received an apartment or house as a gift? Oleg Sukhov reports.

Visitors to the legal consultation asked 891 questions on the topic “Giving an apartment to a relative tax.” On average, the answer to a question appears within 15 minutes, and to a question we guarantee at least two answers that will begin to arrive within 5 minutes!

I want to give my brother a property that is now registered in my name, tell me, is it best to formalize this as a gift? If so, is this transaction taxable? 31.

AF "YURINFORM-CENTER" continues a series of publications in which experts answer questions received from visitors to our site, combining them by topic. Today we will talk about property taxes.

Question: We are buying an apartment for 2,150,000 rubles. During the notarial process, the question arose about indicating the price of the apartment being purchased. Question: what may be the consequences of underestimating the real value for the buyer?

The first consequence for the buyer: in the event of termination of your transaction or recognition of it as invalid, and the court applies two-way restitution (returning the parties to their original state), the court will return to the seller, and you will return the money specified in the purchase and sale agreement.

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Alienation of an apartment or other real estate between relatives is often carried out in the form of a gift. This method of legal registration of a transaction for the transfer of ownership of real estate is considered the most appropriate in this situation.

However, persons who are not related by kinship, but wish to re-register ownership of an apartment, also have the right to enter into ordinary gift agreements, or deeds of gift.

The question often arises: is it necessary to pay tax on donating an apartment to a relative or other entity? What is the situation with the taxation of deeds of gift for an apartment in 2020? Who, when and how pays this tax? How can you free yourself from obligations to the budget when legalizing the donation procedure? All these issues need to be considered in more detail.

Many citizens, when receiving an apartment as a gift, often have a question about whether real estate donated by a relative is considered income subject to taxation in accordance with the requirements of Russian legislation.

The legal nuances of the emergence of obligations to the budget in connection with the donation of an apartment are precisely determined by the relationship between the donor and the recipient. If they are related, the extent of the relationship will be decisive in determining whether the gift is taxable.

However, for the taxation of a donated apartment, other points should also be taken into account, which are always taken into account when establishing the fact and amount of the corresponding obligations.

Features of donation

Donation differs from other legal transactions in which property is alienated in the following ways:

the gratuitous nature of the transfer of rights to property to another person;
the property of the donee increases;
the donor's property decreases;
the voluntary nature of the participation of both parties in the gift transaction (the transfer of an object as a gift is carried out by the donor solely of his own will, and the recipient has the right, at his personal request, to accept this gift or refuse it);
the irrevocable nature of the transfer of ownership of the object of donation, which cannot be taken back by the donor from the recipient, unless otherwise provided by the legislation in force in the Russian Federation.

We invite you to read: Land plot for disabled people in 2020 - how to get group 1, provision, 3, free

The procedure for the official transfer of an apartment as a gift implies the sequential implementation by the parties of certain actions:

Drawing up an agreement to donate an object (deed of gift).
Registration of the transaction completed by the parties in the manner prescribed by law.
Direct transfer of real estate to the recipient.

A deed of gift, or a gift agreement, is usually called a legal form of a legal transaction, in accordance with the terms of which one party (the donor) freely, voluntarily and irrevocably transfers an object as a gift to the other party (the donee), who equally voluntarily accepts this object (property) into personal property.

A legal agreement on the donation of an apartment (deed of gift) must necessarily contain the following details:

Personal information about the parties directly involved in the donation transaction (full name, contact details, addresses of the recipient and the donor).
A detailed description of the donated apartment (official address, floor, area, other significant characteristics). If only a certain part of the apartment is to be donated, then the size of the corresponding share should be indicated.
Information about title documentation confirming that the donor has ownership of the object given as a gift.
Information about the absence of any encumbrances or other restrictions existing in relation to the apartment that is the subject of the donation.
Information about the completed power of attorney, if the direct participant in the gift transaction is not the owner of the object, but his authorized representative.

The legislation of the Russian Federation gives the donor the right to choose the recipient to transfer the apartment as a gift at his personal discretion. Meanwhile, the following entities cannot be donors:

a person who has not yet reached the age of majority;
citizens who are not legally capable;
a person who does not have legal rights to the object to be donated;
state employee;
social worker;
A healthcare worker has no right to accept gifts from his patient.

Legal entities cannot make formal gifts to each other, but an organization can participate in a gift transaction made with an individual.

The donor's being in a state of mental disorder when completing the donation of an apartment, as well as being under the influence of alcohol, drugs or medications, will be a legal basis for judicial recognition of the invalidity of the relevant transaction in a claim filed by applicants for receiving this real estate.

Important

You can read more detailed information about taxation when donating property between relatives in our article: Tax when donating 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 (clause

1 tbsp. 210 Tax Code of the Russian Federation, Art. 41 of the Tax Code of the Russian Federation). Accordingly, if a person who is not on the list of close relatives gave you real estate, transport, shares or a share in an organization, then you are required to submit a declaration to the tax authority in Form 3-NDFL and pay a tax in the amount of 13% of the value of the gift (clause 1 Article 210 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance of Russia dated 05.08.2014 No. 03-04-05/38547). Example: In 2020, a friend gave Bochkova T.M. car worth 300 thousand

Features of donating real estate to your child

In the life of every person there are special moments, holidays, when you want to give an original gift so that it is necessary and worthwhile. This situation might include your daughter’s wedding. On her happiest day, who better than her parents should present the most original gift.

An apartment is best. Firstly, this will ensure her a happy life, and a deed of gift for her daughter’s apartment will allow her to remain its owner in the event of an unhappy marriage.

This is very simple to do, you need to conclude an appropriate agreement and your son or daughter will instantly become the owner of the specified housing. The specifics of the procedure depend on the age of the child.

Minor children cannot sign a document; one of the parents or a guardian does this for them, providing the child’s birth certificate (we talked about the nuances of donating an apartment to a minor child in a separate article). Also, to donate an apartment to a mother to her daughter or son, there is no need to go to a notary.

We suggest you read: Boat tax, how to avoid unnecessary expenses

If the parents are divorced, then the second spouse, who is not the donor, must give his consent to the gift.

You ask: “I want to give an apartment to my daughter, do I need to pay tax?” This is another important plus - there is no tax when donating an apartment to a native child.

The main feature is that after the transaction is completed, the child is not required to pay financially, since the procedure does not provide for this.

Let us answer right away that no. Donation occurs on a general basis and does not imply any special features for different people.

The steps of the procedure are identical and will not take much time. All that is needed is your positive decision about this step.

Often real estate is in common shared or joint ownership. In this case, additional nuances arise that must be taken into account.

The first of these is mandatory notarization. In paragraph 1 of Art. 42 of Federal Law No. 218-FZ dated July 13, 2015 states that a donation agreement for shares of common property requires registration by a specialist. Since in this case notarization is required by law, the amount of the state duty is determined in accordance with paragraphs. 5 p. 5 art. 333.24 of the Tax Code of the Russian Federation - 0.5% of the cost of housing, but not less than 300 rubles. and no more than 20,000 rubles.

Secondly, when donating shares of common real estate, it is necessary to obtain the written consent of the other co-owners. If the spouse owns the housing together with the donor, then his consent must be additionally certified by a notary, the state fee for which will be 100 rubles. These documents must also be provided when contacting the registration authority.

Gift tax - basic information

The deadline by which the tax on the receipt must be paid is indicated in the notice.

Pay the receipt with the tax amount at any bank branch.
Who is exempt from payment?

no tax is paid when donating an apartment to close relatives (clause 18.1 of Article 217 of the Tax Code of the Russian Federation), because alienation of property between relatives does not generate income for one of the parties. These include: spouses;
parents and their children, and the latter can even be adopted;
grandparents in relation to their grandchildren;
brothers and sisters who have at least one common parent.

Consulate employees, as well as members of their families, do not pay taxes on gifted apartments.

We invite you to read: How to reduce tax on UTII

Deadlines for personal income tax payment

If a property that has been owned for less than three (and according to the new rules - five) years is sold, you must contact the tax office before April 30 of the year following this event.

You need to prepare documents:

Tax return in form 3-NDFL.
Passports.
Certificate of ownership of housing.
Certificate of purchase and sale.
If a new home was purchased - certificates of ownership and purchase and sale of it.
And their copies.
Certificate 2-NDFL from work.

Personal income tax must be paid before July 15 of the same year (i.e., the year following the sale).

Thus, the amount of income tax when selling a donated apartment depends on several factors. Namely, on when and by whom it was donated and sold, at what price and whether other housing was purchased.

If you find an error, please highlight a piece of text and press Ctrl Enter.

Having figured out how to draw up a donation agreement for an apartment for your daughter, you should also talk about the timing of the procedure.

This procedure will take you several days, unless you have to perform additional steps due to the characteristics of the donee.

Review of documentation by the registry may take up to 30 days after all documents have been submitted. This is the longest process. But after his positive decision, the apartment immediately passes to the new owner.

The following advantages of donating an apartment can be highlighted:

after the transaction, the new owner can immediately equip his new living space;
other relatives will not be able to apply for housing in the future;
a simple and quick way to transfer housing to another owner;
the contract cannot be disputed.

This procedure has many advantages due to the fact that it is free of charge. After losing your rights to living space, you are left with only joy in your soul from the gift you presented.

We consider in detail all the pros and cons of deeds of gift between relatives in a separate material.

We hope we have answered the question of how to properly draw up a deed of gift for an apartment in favor of your daughter. Good luck!

Tags: daughter, apartment, tax, father, give

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Should I take the gift deed to a notary or can I do without it?

If you have shared property, then you cannot do without a notary. If you want to reduce your costs, then contact a notary with a ready-made gift agreement: this way you will only pay the notary fee “for certifying the gift agreement”, you will not have to pay for the so-called “technical services” (for drawing up the agreement itself). If there is only one owner of the apartment, then a simple written form of the gift agreement is sufficient for registration. The state fee is 2 thousand rubles in both cases, regardless of the participation of a notary.

What documents are needed to donate a share and how does the transaction work?

How to register the transfer of ownership of real estate?

Who has the right to donate what property?

So, the fact of donating a horse is not subject to mandatory written and notarial registration. And all because a horse is movable property. It can be given quickly and without any problems, since the conclusion of an agreement for the gift of movable things that do not have special value is possible orally. But if, in addition to a horse, you are going to present half a kingdom or at least one apartment, then you cannot do without an agreement, signatures of interested parties and state registration of the transaction. You can only give what belongs to you.

Real estate transactions between close relatives: sell or donate?

If such a transaction takes place between relatives, then realtors will not be needed here, because there is no need to fear any fraud and in fact the seller will not receive any money. It will be necessary to draw up a purchase and sale agreement and register the transaction with government authorities, while paying a fee.

It is important to remember that if the seller owned the property for less than 3 years, then he will be required to pay a 13% tax on the income that he receives as a result of the sale (even if he did not actually receive the money).

But each method has its own pros and cons.
Purchase and sale Purchase and sale agreement An apartment purchase and sale agreement is an agreement on monetary obligations, which is concluded if both parties have signed it. Such an agreement must be registered with Rosreestr in order to enter information about the change of owner of the apartment into cadastral registration.

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Is it worth giving real estate as a gift?

In this case, there are several options for getting out of the situation.
One way is to draw up a purchase and sale agreement, indicating in it the cost of the object up to 1 million rubles. which will allow the seller not to pay income tax (13%) on the income allegedly received from the sale of the apartment. Another extremely popular option is donating an apartment. Let's take a closer look at it. Gift on paper The concept of gift has been present in Russian law for a long time: it was found both during the Russian Empire and in Soviet law. We recommend reading: Personal insurance under civil law

What is donation

A donation is a gratuitous transfer of property from one person to another, made by mutual consent. That is, the donor’s desire to transfer the apartment alone is not enough—the consent of the other party is also required. It is important to remember that the donation is made free of charge: no matter what reasons prompt a person to give an apartment to another, he does not have the right to demand something from him in return (unless this is specified in a separate clause in the contract). The donated apartment will belong only to the person to whom it is registered (the rule of common property of spouses will not apply to it).

The gift agreement is valid only during the life of the donor. That is, if it provides for the transfer of real estate to grandchildren after the death of a grandmother or grandfather, then the court may declare it null and void. In this case, it is better to formalize the inheritance. However, there is such a thing as a “promise”. For example, a donor may promise to give an apartment to his child after a certain event: a wedding or final exams at the institute. The promise must be made in writing and registered with the authorities that deal with registration of rights to real estate. It is important to remember that in the event of a sudden death of the person to whom the apartment was promised, it will not go to his relatives, unless this is specifically stated in the document.

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