How to transfer an apartment to a relative without taxes?

Legal topics are very complex, but in this article we will try to answer the question “How to transfer an apartment to your daughter in 2020.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

• If the apartment is jointly acquired property and is registered in the name of only one of the spouses, then the notarized consent of the donor’s spouse is required. To obtain consent from a notary costs 1,000 - 2,000 rubles;
• If a proxy acts for one of the participants in the transaction - a notarized power of attorney (original and copy). The power of attorney is certified by a notary for 1,000 - 2,000 rubles. Donors cannot issue a power of attorney to the recipients themselves to sign a gift agreement for them, and vice versa. Because the donor and the donee cannot be the same person (clause 3 of Article 182 of the Civil Code of the Russian Federation). They can issue a power of attorney for each other, for example, to submit a signed agreement for registration with the MFC.

Registration of donation of a share in an apartment in 2020

Hello. I helped 20 clients formalize the donation of their shares. In itself, the execution of a deed of gift does not depend on whether the donors are related to the recipients or not. Therefore, the instructions on this page are suitable for everyone. I divided everything into 3 main stages: 1) collect documents; 2) we draw up a gift agreement; 3) submit the agreement with documents to the MFC or the Registration Chamber to register the transaction. Parties to the transaction: donor - the one who gives his share; donee - to whom it is given.

Stage No. 1 – collecting documents

If the gift agreement was certified by a notary (in notarial form), then the notary is obliged to submit the agreement to register the transaction HIMSELF, FREE OF CHARGE AND ON THE SAME DAY. This is already included in the service for certifying a transaction on the basis of Art. 1 of the Federal Law of 03.08.2020 N 338-FZ and Art. 22.1 Basics about notaries.

If the owner really wants to quickly re-register the apartment to a relative, then it is better for him to resort to the first three transaction options. We will explain below which method implies tax exemption.

Re-registration of an apartment to a relative without taxes

How to transfer an apartment to a relative?

The agreement has legal force exclusively during the life of the donor . If within 12 months the property is not re-registered and the donee dies, then the apartment receives the status of inheritance and cannot be transferred as a gift.

1. Preparation of documentation. Documents stored by the owner are retrieved, missing papers are ordered (consent of the spouse, permission from the guardianship authorities, cadastral passport for the apartment, etc.).
2. An agreement or other legal act is drawn up on the basis of which the ownership of the housing will be transferred.
3. If necessary, the executed agreement is notarized.
4. After the documents are signed, the agreement must be transferred to Rosreestr or registered through the MFC. The procedure lasts on average 7–10 working days , after which the new owner receives an extract from the Unified State Register of Real Estate with a record of the registered transfer of rights.

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Tax

1. A statement written by the recipient.
2. Civil passports of the parties to the transaction.
3. Technical and cadastral passport for housing.
4. Certificate from the management company confirming that there are no utility debts.
5. Help in form No. 9.

Who should pay taxes when receiving real estate as a gift - video consultation Who should pay taxes and what should you know about taxes if you received an apartment or house as a gift? Oleg Sukhov reports.

Show number When a gift is not a joy First of all, giving real estate in accordance with the article of the Civil Code is simply prohibited on behalf of minors and incapacitated citizens. Such gifts to civil servants are also not welcome if such an expensive gift is related to their official position and the performance of their duties. It will not be possible to donate an apartment to employees of educational and medical institutions or social protection institutions on behalf of people who are there for treatment, education or maintenance. A gift agreement between commercial organizations will be considered illegal.

Gift deed for an apartment

At the same time, the citizen is obliged to calculate and pay personal income tax independently. The amount of such tax as a percentage of the income received, the tax rate is established by the Tax Code of the Russian Federation: For example, residents in the Russian Federation are foreigners who have received a residence permit in Russia, stateless persons permanently living with us.

1. passport of the applicant and other interested parties (for example, when selling, passports of both parties to the transaction are required);
2. technical documents for the property - cadastral passport, papers from the BTI;
3. notarized consent for re-registration from other owners of the residential property (if any);
4. receipt of payment of the duty fee - 2 thousand rubles for fixing ownership rights.

This option of transferring ownership involves re-registration of the apartment to the selected successor after the death of the original owner. In this case, the latter draws up a will during his lifetime, strictly observing the existing procedure.

Housing exchange

In order to transfer an apartment from one owner to another, you will need to figure out which agreement is suitable for a particular case. In addition, each method has some subtleties and rules, the implementation of which is mandatory.

I helped 18 clients formalize the donation of their shares. In itself, the execution of a deed of gift does not depend on whether the donors are related to the recipients or not. Therefore, the instructions on this page are suitable for everyone. I divided everything into 3 main stages: 1, collect documents; 2 we draw up a gift agreement; 3 we submit the agreement with documents to the MFC or the Registration Chamber to register the transaction.

The other spouse does not need to provide a passport and marriage certificate. Registration costs about 1 - 2 rubles. If you have any questions, you can consult a lawyer for free. Ask your question in the online consultant window at the bottom right of the screen or in the comments. You can also call the numbers 24 hours a day, 7 days a week: 8 - Moscow and region. The number of copies of the agreement depends on the number of participants, plus one remains with the notary for the archive.

How to re-register a share in an apartment

If you want guarantees, complete the purchase and sale. Write down the amount and payment procedure there. Hello, Elena. Explain your situation in detail. Either you write a deduction, then you write a tax. These are different concepts. When paying taxes, it does not matter whether a student or a non-student has an income or not.

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• Civil passports of the parties to the transaction;
• Agreements of all apartment owners for re-registration with notarized confirmation;
• A document of title for ownership of an apartment for the party to the transaction alienating the property;
• Cadastral passport of the apartment;
• Extracts from the house register, personal account of the management company (TSN/HOA);
• Re-registration agreement (purchase, sale, gift or exchange agreement);
• Registration of ownership by the new owner in Rosreestr.

How to transfer property to a relative

For example, a gift transaction to close relatives is carried out without paying tax. But it is more profitable to re-register an apartment in the name of relatives who are not part of your close circle under a purchase and sale agreement.

What documents will be required to re-register an apartment?

• The donor's application for state registration of the right (will be drawn up upon receipt of documents).
• Applications of the donee for state registration of rights (will also be drawn up when accepting documents)
• Documents confirming payment of state duty (1000 rubles)
• Title and title documents of the donor (the documents you specified in the question, in particular such as a certificate of ownership)
• The deed of gift itself
• Cadastral passport of the real estate property (if it is in the PND, you don’t have to provide it)
• BTI certificate confirming the absence of arrests and prohibitions.
• If you are married, then your spouse’s notarized consent to this transaction

Any real estate transactions must be registered with the Rosreestr service. The only exception is the transfer of rights by will, since in this case the heirs will apply for registration after the death of the owner.

• Employees of medical institutions ;
• Employees of educational institutions ;
• Social security workers ;
• Acceptance of apartments from minors and incapacitated citizens ;
• And also between commercial organizations .

How to transfer a share to a relative under a purchase and sale agreement?

• the transaction is free of charge, i.e. does not provide for monetary compensation or the provision of any services;
• under the terms of the agreement, the donor may retain the right to reside in his part of the apartment;
• for donation, it is not necessary to notify other owners of the apartment, since such a requirement applies only to paid contracts;
• The contract must be certified by a notary office before applying for registration to the Rosreestr service.

Probably Prokhor wants in this way either to reconcile his mother with his “young” wife, or to make peace with her himself (he, too, was in a quarrel with his mother over the wedding) or to protect himself from the fact that if something happened, Larisa would not be able to take your gift back.

Is it possible to avoid paying the fee?

There are two ways to do this:

1. Issue a deed of gift twice to make a gift through a close relative. For example, an uncle wants to give a house to his nephew. To avoid paying a fee, you can first donate housing to your brother. The nephew will receive the house through a deed of gift from his father. Then you won't have to pay tax. But paying the state fee for registering ownership rights will not be avoided.
2. Sign a fictitious purchase and sale agreement. You will not have to pay the fee if the citizen has owned the property for more than three years. And under this condition, you can issue a deduction.

In this case, the costs will be even less than with a gift. There are no clear instructions on how to avoid paying the fee. Therefore, people use available methods of tax evasion.

How to transfer an apartment to your daughter

I am a pensioner, pension is 10,000 rubles, my daughter is an intern (7th year of medical university), I pay 90,000 rubles for tuition, the apartment in which we live has been privatized for the two of us, two more adult sons, 29 years old, 32 years old, are registered in the apartment; during privatization they gave up their share in our favor. How can I re-register an apartment in my name so as not to pay property taxes? I will be grateful for your answer. Sincerely, Chulpan.

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After going through the certification procedure at a notary's office, the husband and wife have the right to dispose of their shares at their own discretion. For example, one of the spouses can transfer his share to the second spouse on the basis of a gift or sale agreement. Subsequently, each of these agreements must be submitted to the Rosreestr branch to make changes to the unified database.

Donors cannot issue a power of attorney for the donee to sign a gift agreement for them, and vice versa. Because the donor and the donee cannot be the same person (clause 3 of Article 182 of the Civil Code of the Russian Federation). They can issue a power of attorney for each other, for example, to submit a signed agreement for registration with the MFC.

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If the property belongs to a married couple, then the spouse must give appropriate permission. With its help, the second owner of the property alienates the living space acquired jointly during the marriage and makes it possible to register a gift to another person.

Required documents

• the will can be challenged in court by other heirs;
• expenses for re-registration of real estate (state fees, notary services) will fall on the child in the future;
• its preparation does not require the consent of the legal representatives of the donee;
• Along with property, the will transfers debt obligations to inheritance.
• if the inheritance case is opened before the child comes of age, then his representative will handle the registration of the inheritance;
• if there is no will, the child will receive only the share prescribed by law (if there is a relationship).

MFC refused to register the gift deed and sent me to a notary. Will I pay only 2 rubles at the notary? I'm going to give it to my daughter. Hello, Antonina. First, you need to pay for drawing up a gift agreement from 3 to 9 tons. In each region, the price for drawing up varies, because it is not determined by law. It is established by the local notary chamber at a general meeting.

I advise the donor and recipient to contact a notary in advance and tell them about the transaction. The notary will listen and draw up the entire list of documents that need to be collected. He can also go to your home if one of the parties cannot visit him due to health or age. If the recipient is between 14 and 18 years old, then you need his passport and the passport of one of the parents of the guardian or trustee. If the donee is under 14 years old, then his birth certificate and the passport of one of the parents of the guardian or trustee.

How to re-register a share in an apartment

And the authorized person, together with the donor or donee, will already contact their notary to draw up and sign the agreement. The donee does not have the right to issue a power of attorney to the donor himself to sign a gift agreement for him, and vice versa.

The peculiarity of this agreement is that the parties to the transaction act as a seller and a buyer at the same time. The agreement contains the same conditions as the above agreements. Notarization is not necessary; the contract can be certified at the request of the parties.

The legislation allows for the transfer of ownership under a rent agreement for a fee or free of charge. In the first option, the agreement specifies a condition for the periodic transfer of funds to the owner during his life (lifetime annuity) or indefinitely (permanent). And in the second there is a condition on the provision of services and the fulfillment of certain obligations - lifelong maintenance with dependents.

Exchange

1. Purchase and sale - the owner transfers the apartment to another person for a fee (Articles 549 - 558 of the Civil Code of the Russian Federation).
2. Donation is a gratuitous transfer of property (Articles 572 – 582).
3. Rent - a person undertakes obligations for the care and maintenance of the owner of the apartment or pays a certain amount during the period established by the agreement, and as a result receives it into ownership after the expiration of a certain time or the death of the owner (Articles 589 - 605).
4. Exchange - in such a transaction, owners exchange property among themselves (Articles 567 - 571).
5. Will - with this method, the apartment is transferred to the new owner after the death of the former owner and inheritance on the basis of a written order certified by a notary or a person specified in the law (Articles 1110 to 1175 of the Civil Code).

Basic moments

Before transferring an apartment to a relative, you must choose the type of transaction to be made. It is impossible to do this just like that, at the sole desire of the share owner. To re-register, you will need a certain type of transaction, which requires the preparation of a number of documents.

Donation agreement

A gift agreement is the most optimal type of transaction. It cannot be challenged in court and does not require notarial confirmation. In order to gift a share in real estate to a close relative, it is enough to go through the re-registration procedure with the state registration authority. Today, this can even be done at MFCs, which actively help people in all regions, regardless of their place of registration.

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When donating, the consent of the remaining shareholders is not required. Donation is a voluntary transaction and all rights are transferred to the new owner at the time of registration. Thus, the need for consent or refusal to acquire the shares of other owners is not required. Moreover, when making such a transaction in favor of a close relative, you will not have to pay a state fee.

Case from practice. Three family members who were registered in it participated in the process of privatization of the apartment - the grandmother, her daughter and granddaughter. After the privatization process was completed, each woman received 1/3 of the apartment. The grandmother decided to give her share to her granddaughter, and she became the owner of 2/3. The girl’s mother did not lay claim to her grandmother’s share, but she had questions about the truthfulness and fairness of the deal. Therefore, she turned to me, and I explained everything to her in a popular manner.

There are no illegal measures in the grandmother’s actions. The woman was interested in why her mother did not take her consent and how such a transaction could take place outside the notary’s office. I hope that the benefits of a gift transaction to immediate family are obvious.

But not everyone has the right to accept a gift in the form of a share in real estate.

Purchase and sale of shares

A deal like this is much more complicated. You will need to prepare a whole package of documents and carry out the housing assessment procedure. Without this, the contract cannot be valid. Moreover, the estimated value is close to that dictated by the market at the time of the transaction.

Before making a transaction, it is necessary to notify other shareholders about this. The owner who did not express a desire to buy, but did not want to officially confirm this, has the right to claim the sold share within three months. Thus, even after the share has been sold, one of the share owners can claim to purchase the share that has already been sold. The previous transaction will be declared invalid.

This fact once again confirms that the gift agreement is most effective in transactions with equity participation. Even if a donation by re-registration to another person is considered safe, lawyers still recommend that the donation be formalized by a notary. Such a deal cannot be disputed.

At first it may seem that transferring the apartment by deed of gift is the most suitable option. But not everything is so simple. You may also have to pay tax on the deed of gift. Only close relatives are exempt from obligations. The rest of the citizens will have to share money with the state.

Therefore, in 2020, the solution to the issue depends on the costs associated with completing the transaction.