Registration of a deed of gift for an apartment between relatives: the pros and cons of the method, its benefits for loved ones

Gift deed for an apartment

The donation agreement for an apartment is drawn up in a simple written or notarized form. The law does not oblige the parties to the transaction to certify the deed of gift; however, they themselves have the right to do so.

Most often, assurance is resorted to in the event of a possible challenge to the deed of gift by interested parties. In addition, not everyone can fill out the contract correctly on their own.

The donation agreement for an apartment must reflect objective information:

• about the donor. The text must indicate the donor’s passport and other details;
• about the donee. Similar data must be contained in the agreement on the recipient of the gift;
• about the subject of the donation. The apartment must be clearly identified as the subject of the gift agreement. You should indicate its address, area, number of rooms and other characteristics. In addition, data from title documents for real estate is entered into the contract;
• if the contract does not provide for the transfer of a gift immediately, but a promise to do so in the future, then it is necessary to indicate the date when this will happen;
• special conditions. The donor, for example, may include in the contract a clause on preserving the right to reside in the apartment until his death. Also sometimes a clause is included to revoke the gift if the recipient of the gift dies before the donor. These provisions do not contradict the law and can be freely included in the text of the gift agreement;
• signature of the donor and recipient.

Registration is carried out at the registration authority at the location of the apartment. After receiving a state registration certificate and paying the tax (if the donor and recipient are not close relatives), the new owner becomes the full owner of the apartment and can dispose of it as he wishes. Sometimes the recipient does not keep the apartment for himself, but prefers to sell it, donate it or exchange it.

Form and content of the apartment donation agreement

The legislation puts forward certain rules for drawing up an apartment donation agreement. First of all, this concerns the form of its conclusion , the requirements for which arise from the provisions of Article 574 of the Civil Code (hereinafter referred to as the Civil Code). In accordance with them, the donation agreement for real estate, subject to mandatory state registration, must be concluded in writing .

Particular attention must be paid to the content of the document . The text of the agreement must contain a number of information that are mandatory for its validity. These include:

• date and place of conclusion of the deed of gift;
• passport details of its parties (donor and recipient);
• the subject of the agreement, which indicates the donor’s intention to make a donation and the donee’s consent to accept the gift;
• the exact name of the property being donated and its detailed characteristics, which includes, in the case of donating an apartment, its location, number of floors, total area, number of rooms, cadastral number, etc.;
• details of the donor’s certificate of ownership of the apartment;
• type of encumbrance, if any;
• a list of the rights and obligations of the parties to the transaction, their responsibilities and the procedure for terminating the contract, which repeat the relevant norms of the Civil Code.

At the end of the text, the document is sealed with the signatures of the parties to the transaction - the donor and the donee.

Additionally

You can draw up a donation agreement for an apartment yourself if you are confident that it will be done correctly. If you have even the slightest doubt, then to properly document the contract, it is better to contact a specialist - a realtor, lawyer or notary. Their services are identical in strength, but differ in cost.

Is it possible to re-donate a donated apartment?

The new owner has the right to donate the apartment received as a result of a donation transaction. This is dictated by the fact that the donee becomes the full owner of the apartment received as a result of concluding a donation agreement.

Even if the text of the deed of gift contained a condition on the donor’s lifelong residence in the apartment, this does not limit the recipient’s right to alienation.

In order to transfer an apartment received under a gift agreement, it is necessary to conclude a new gift agreement. Here, the person in whose favor the apartment is being donated will act as the donee.

State registration of the donation agreement

The recipient will have to go through the registration procedure with Rossreestr in order to legitimize his rights to the property acquired as a gift.

To do this you need:

• contact the registration chamber, MFC at the location of the housing;
• provide a passport, a gift agreement (original and copy) with stamps and certified by a notary;
• After 10 days, come again and receive a completed certificate of ownership of the apartment.

According to the gift agreement, such a procedure ensures that the recipient becomes the legal owner of the property, and the transaction is no longer subject to challenge.

Is it possible to transfer the apartment back to the donor?

The donee, who received an apartment as a result of a donation transaction, has the right to donate it again. Any person, including the former donor, can act as a recipient of a gift under a new deed of gift. However, this is not advisable, since the recipient has the right to refuse to accept the gift at any time, and the previously donated apartment will go back to the donor. However, the refusal must undergo state registration, since its registration entails a change in the owner of the apartment.

Thus, the conclusion of a deed of gift for an apartment can take place either in a simple written or notarized form. Participants in the transaction can choose the method of drawing up the gift agreement. Having signed the agreement, the donor must register the newly acquired right with the help of state registration. After receiving a certificate of state registration of ownership, the recipient has the right to dispose of the apartment at his own discretion. He can give it away, including back to the donor.

According to the Civil Code of the Russian Federation, Article 572, a deed of gift is a document on the basis of which a person (donor) has the right to transfer any real estate to another person (done) free of charge. Or expresses a documented desire to transfer any property in the future.

Surely, receiving an apartment as a gift is the dream of each of us. But it happens that the person who was given the property wants to give it to another person, and sometimes return it back to the donor. Is it possible to donate a donated apartment? Let's consider in what cases this is possible and what rights the donee has.

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How can a donor challenge a deed of gift?

Is it possible to revoke a deed of gift for an apartment if the donor changes his mind?

According to the Civil Code of the Russian Federation, Art. 578 cancellation of the deed of gift is possible in the following cases.

• After completing the transaction, the donee committed illegal actions against the donor or members of his family - bodily injury, attempt on life and health. In this case, the donor has the right to revoke the deed of gift, and if the donee deprived the donor of his life, then the heirs of the victim can apply to the court to cancel the gift agreement.
• The donor has the right to sue the recipient if he carelessly handles the donated property and through his actions creates a risk of irretrievable damage or loss. That is, they do not take care of the donated housing, do not make repairs, deliberately destroy it, and render it unusable.
• If the donor survives the recipient, then he can return his property, but only if these conditions were specified in the gift agreement.

Termination of a gift agreement is possible only in court.

Unforeseen situations may arise when the donor can challenge the fact of the donation and return the property, but only if the gift agreement is concluded with certain conditions, for example, deferment of registration of property in the donee.

Example. A successful businessman gave an apartment to his mistress with a delay in registering property rights for three years. During this time, he managed to go bankrupt and lose all his savings. Since the donation agreement has not entered into force, the donor has the right to regain the previously owned apartment.

A sharp deterioration in the health of the donor, when he requires urgent surgery or expensive treatment, can also serve as a reason for returning property. If the agreement was drawn up with a delay, then challenging the deed of gift will not be difficult.

When drawing up a gift agreement, you need to take into account many factors and nuances, so you need to carefully consider additional conditions, and it is better to seek advice from a lawyer.

Rights of the donee

Having completed a gift transaction, having gone through the process of formalizing and registering a gift document, the donor will lose all rights to the property that previously belonged to him, and they will pass to the donee. These actions take place free of charge.

After completing the legal procedures, the donee has the right to possess, dispose of and use the donated property at will. This means that after a citizen has acquired the right of owner, he is endowed with all the powers associated with ownership - legal disposition over the gift.

Is it possible to transfer an apartment received by gift to someone? A person has the right to sell, bequeath (transfer to heirs), lease, mortgage, donate or refuse inheritance at his own discretion.

So, to the question - is it possible to re-donate a donated apartment and whether it is possible to re-donate a deed of gift for a private house - there is a clear answer: you can re-donate an apartment . In this case, you cannot rely on the existing gift document.

To go through the re-gifting procedure, you must draw up a new gift document, which must meet all the norms and requirements of the law.

You will need to go through the registration stages again to conclude a gift agreement. After the new deed of gift comes into force (this moment occurs after registration), the new one (the donee) becomes the legal owner.

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Regarding the question, is it possible to transfer an object (apartment) back to a person (donor)? From the date of registration in the Rosreestr service, he can own the property and carry out all transactions with it at his own discretion; he has the right to transfer the object to other persons, as well as back to the donor.

Therefore, if necessary, it is possible to transfer an apartment or another piece of real estate many times. Each new action must be accompanied by the execution of a new gift agreement.

Notarization of the document is required, and registration of the transfer of property rights in Rosreestr is also necessary. It is important that there is no such definition as “transfer” in the law. Registration is regulated by the Civil Code of the Russian Federation. 32.

There are no time limits in the process of transferring objects. The procedure for donating real estate can begin immediately after completing the donation process (taking an extract from the Unified State Register). This document indicates ownership.

But, there are some exceptions . The deed of gift specifies certain conditions necessary for the donee to enter into the right of use.

For example, if the deed of gift includes clauses according to which the donee has the opportunity to register the property only after the death of the donor. Until this time, disposal of property is not the right of the recipient. He cannot transfer or dispose of it until the fact described in the deed of gift occurs.

Transfer of deed of gift

Is it possible to transfer a deed of gift for an apartment? Or donate the house received by deed of gift? The law does not prohibit the implementation of these expressions of will, including the return of a gift back to its donor.

A citizen, becoming an owner, is endowed with all rights and can independently dispose of a gift received from someone.

Owners can transfer movable and immovable property (including an apartment, a house) to whomever they want.

But the legislation provides for a list of persons who are not allowed to perform these actions (donations) from clients and people related to them. This list includes:

• civil servants;
• municipal employees;
• medical workers, and teaching staff (schools and other children's institutions).

Despite the prohibition in the law, in reality, employees of multifunctional centers and Rosreestr do not check the status of the person receiving the donation.

But you can transfer donated property - an apartment or a house - back in accordance with Article 578 of the Civil Code of the Russian Federation, which describes the case when a donation is returned to the donor:

• with the personal voluntary expression of the will of the recipient;
• or the donor demands that the donated property be returned (such actions are resolved in court);
• if the court recognizes the invalidity of the deed of gift.

In order to return the donated property at the will of the real owner, you must go through the usual legal procedures implied when registering a gift.

Transfer procedure

Transfer has specific features from a legal point of view. Is it possible to re-donate an apartment received by a person under a deed of gift? How can this be done? Let's consider the options for registering a gift in more detail.

1. Drawing up a new deed of gift.
2. Have the deed of gift certified by a notary (this is a mandatory point when preparing documents).
3. Passing state registration of rights.

It is necessary to contact the municipal office of Rosreestr, or the MFC at the location of the object.

Submission of documents is carried out by sending a registered package by mail with a receipt notification, or through the Internet - the official website, or the State Services portal.

Documents required to complete the registration procedure:

• applications from the parties to the donation regarding registration;
• passports of citizens of the Russian Federation (both parties);
• receipt of payment of state duty in the required amount;
• documents of law for the object of donation (direct deed of gift - gift agreement);
• a document that confirms ownership (this is a certificate, an extract);
• a certificate from the place of registration about registered persons in the property being donated (houses, apartments) or a unified housing document (UZhD). This certificate is obtained from the Management Company (MCC). If a transaction is made through the MFC, this document may not be required.

Advice ! Data such as receipts for payment of state duties (receipt of payments) are in a common database, so their provision is not necessary. To avoid troubles, you should save it until the registration process is completed.

Basic Rules

When going through the procedure of registering a gift or transfer, as in any transaction, there are details and features that should be taken into account. For example, such aspects:

• The deed of gift can be canceled within a period of up to three years from the date of registration. It is necessary to prove that the transaction was carried out under pressure or due to a fraudulent offense by one party;
• in the case where the recipient is unable to personally be present during the procedure for drawing up the contract, he can be replaced by an authorized person who acts under a notarized power of attorney;
• As a result of the transaction, the parties have a written document (the original deed of gift). A third copy of the deed of gift is required for the Rosreestr body;
• when transferring property to an incapacitated or minor person, the legal representative or guardian gives his approval for the transaction;
• If the donor is married, then the notarized consent of the spouse is required.

If it is necessary to transfer part of a house or apartment that is in common ownership, an officially written agreement of all owners is required.

Sometimes it is possible for Rosreestr to refuse the transfer of rights, which can be explained by two reasons - there were errors when drawing up the gift agreement or, perhaps, some necessary documents were not provided.

Procedure and order of registration

The main document confirming the right to transfer ownership of the apartment, as will be the deed of gift in this case. This is one of the separate categories of transactions between close relatives, defined in law. It has a number of features during the registration procedure. Registration of a deed of gift is a step-by-step process.

Close relatives are considered to be first-degree heirs: children, spouses, parents. If the donor’s child is a stepchild, then when donating an apartment to him, you need to officially prove your relationship.

To carry out the donation procedure, you will need to collect a number of certificates and documents:

• draw up a gift agreement by writing a free-form application - a request;
• contact a notary for certification and confirmation with a seal;
• visit the multifunctional center, provide documentation and go through the registration procedure. It will take 1 week for the documents to be verified and the registrars to sign the application;
• within the specified period, come to Rossreestr again to receive a new certificate of ownership.

At this point, the transaction will be considered completed, even if the donee has not yet reached the age of 18. He will be the legal owner of the home, but a parent or representatives from the guardianship department must be present when signing the contract.

Transaction price

It is possible to carry out transactions of donation of the same property indefinitely, despite this, it should be taken into account that this is a paid procedure. When registering, you will need to pay:

• fee for registration of property rights;
• notary services (the amount depends on the price of the object of donation), if you turn to them for help;
• income tax (13 percent), if ownership of the object is not transferred between close relatives.

Tax payment is obligatory for the recipient citizen. Tax is charged on gifts that do not occur between immediate relatives, but also between family members. The tax amount is calculated based on the cadastral price of the property.

The advantage of a gift is the fact that the donated property is not the joint property of the husband and wife. In the event of a divorce proceeding, the donated property will become the property of the spouse for whom the deed of gift was issued.

Material expenses incurred during the preparation of documents will be borne by the recipient.

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Cost and timing of the transaction

Despite the fact that you can re-donate an apartment countless times, the transaction is still not free. The owner and recipient of housing may incur the following expenses:

1. Government duty. Standard size – 300 rubles.
2. Payment for the services of a notary certifying the deed of gift. The amount depends on the value of the apartment obtained as a result of an independent assessment.
3. Tax of 13% of the cost of the apartment. Only those transactions in which close relatives are parties are exempt from taxation.

Since the cost of apartments is quite high, a tax of 13% can significantly hit the recipient’s budget. In situations where the donee is not an immediate family member, the parties usually enter into a standard purchase and sale agreement. However, everything is not so simple, since the donation procedure also provides its undeniable advantages:

• in the event of a divorce, the gift will go to the spouse to whom it was given (when registering a DCT, the apartment may be recognized as jointly acquired property);
• the donor does not have to pay income tax, since he is transferring the apartment rather than receiving it.

The procedure for transferring housing is relatively simple. A citizen who wants to donate an apartment must only draw up and register a new deed of gift. You cannot transfer a deed of gift by replacing your name with the name of the new recipient.

If the owner contacts Rosreestr directly, the transaction can be completed within a working week. If you contact a multifunctional center, you can count on an increase in terms, since the MFC will act as an intermediary and transfer the received documentation to Rosreestr.

A refusal can occur in two cases:

• the provided package of documents is insufficient to carry out registration actions;
• the donor did not have time to enter into the legal rights of the owner under the previous deed of gift.

Typically, ownership is registered immediately after the deed of gift is issued. The second of the grounds described above may arise if the previous donor has prescribed additional conditions in the contract, according to which the acquisition of ownership occurs only after the requirements have been fulfilled.

Summary

Is it possible to transfer a deed of gift for real estate (apartment)? Is it also possible to transfer a deed of gift? Lawyers sometimes hear these questions. To transfer real estate received as a gift, a citizen can begin the process after he officially registers the property in his name and becomes the full owner.

To avoid refusal to formalize the transfer of rights, you should seek the help of a lawyer. A professional will be able to correctly draw up any type of document, including a gift agreement. He will correctly prepare the required package of papers and will also provide for all the nuances that often arise when resolving such cases. There is an important addition - during the transfer of real estate, the first copyright holder can challenge the transaction in court if he considers the actions illegal.

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Often citizens give real estate to relatives, acquaintances, friends, presenting them with a gift on the occasion of some event. Often, over time, the recipient of the gift has an idea: is it possible to donate an apartment in the future?

After all, various circumstances arise in life that force you to do this. Not everyone knows how this can be done, since not everyone is legally savvy. People believe that this procedure is very complicated and troublesome.

However, everything is much simpler. The article will outline in detail the subtleties of this legal relationship, all the sensitive points.

The concept of donation: features of the deed of gift and the transaction of transfer of an apartment

Let us formulate what the concept under consideration represents.

A gift agreement is a gratuitous unilateral transaction, according to which one party (the donor) or the owner of movable or immovable property makes a gift to another person or the donee.

The fundamental criterion in this transaction is that the person accepting it is not obliged to bear any obligations in return, pay money or take retaliatory actions (Article 572 of the Civil Code of the Russian Federation). His main task is to receive (or reject) the gift.

After registering the agreement, this person becomes the new full owner and can, at his own discretion, dispose of it and carry out any operations - sell, donate, lease. The legislation provides him with ample opportunities for this.

Therefore, answering the main question in the article, is it possible to re-donate a previously donated apartment - definitely yes. Absolutely any owner has the right to do this, the main thing is that he is legally capable.

You can donate an apartment to the following persons, at your discretion::

• close relatives;
• acquaintances and friends;
• the former owner of the apartment;
• organizations of any form of ownership.

However, a number of legal formalities must be observed to ensure that all this is drawn up in accordance with current legislation. A prerequisite is that the recipient wanted to accept the housing as a gift.

Personal income tax when registering a deed of gift: who is exempt from payment?

Close relatives are exempt from paying 13% income tax. After completing the registration procedure and entering the property into the register, the donee becomes the full owner of the apartment.

It is worth understanding the degree of relationship. Only close relatives of category 1 are not subject to taxation. Not so: nephews, cousins, uncles and aunts, other distant relatives, who, of course, cannot avoid paying a tax of 13% of the assessed value of the property.

An individual receives housing as a gift free of charge and, upon registration, will be the rightful owner by law.

When can you give a donated apartment back to the donor or another person?

This can be realized when it has completely become the property of a person, that is, after registering the transaction in the official representative offices of Rosreestr at the place of residence.

After what time can a donated apartment be transferred? Its new owner can do this at any time, at his personal discretion, regardless of how long ago it was donated. The law does not indicate any restrictions for this type of agreement.

If we compare this legal relationship with the purchase and sale of an apartment, then if they want to resell the housing within the next 5 (five) years, they will need to pay a tax in the amount of 13% of the cost of the residential premises minus 1 million rubles.

This is not provided for when transferring real estate, which is beneficial from a financial and legal point of view for citizens, since they will not incur additional expenses.

The procedure for registering an apartment as a gift again

All terms of this process should be agreed upon with the other party so that they do not abandon the property. Then you need to independently carry out several steps that will provide grounds for the emergence of a new legal relationship (donation).

1. Prepare title documents for the apartment.
2. Draw up the text of the agreement yourself or with a notary.
3. Sign it.
4. Go to the MFC or the Registration Chamber, where you will submit the agreement and its annexes to register the property rights of the new owner.
5. Receive 3 (three) days later an extract from the Unified State Register stating that the transaction was registered and carried out legally.

The parties to the agreement must be present at its conclusion, or send their representatives with notarized powers of attorney.

Additionally, you must have with you:

• passport;
• receipt of payment of state duty;
• technical passport for the apartment.

The notary will first clarify the legality of all actions taken, on what basis the donated property belongs, and the authenticity of the documents provided. Only after this the procedure can continue.

There are a few more nuances that are worth highlighting:

1. One of the parties is a minor or a minor citizen - his legal representatives (parents or guardians) must be present; without them it will be impossible to complete the transaction.
2. When a common share in an apartment is given to a spouse, his consent is required.

The permission of the husband or wife to carry out the transaction must be notarized, because we are talking about joint property. If there is no agreement, the legal relationship may be considered void.

How much does it cost to register a deed of gift when transferring a gift?

Conducting transactions incurs certain financial costs for a person. The legal relationship in question also has its price.

The total amount when transferring an apartment is determined from two types of payments:

1. State duty, which is equal to 2000 rubles.
2. The notary fee will be for close relatives: for housing costs up to 10 million - 3,000 rubles plus 0.2% of the amount. For other persons, but if the apartment costs up to 1 million - 3000 rubles. + 0.4% of the amount, if from 1 to 10 million – 7000 rubles. + 0.2% of the total cost.

When the cost of housing increases, the tariff increases, but the maximum amount will be equal to 100 thousand rubles. The technical work of a notary today is estimated at 5 thousand rubles.

Depending on the region of the country, the cost of notary services sometimes varies. In the capital of our Motherland, notary fees may be slightly higher.

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If you donate a share in an apartment

By law, part of the donated premises is personal property, so in such a situation the consent of the second spouse is not required.

There is no need to obtain permission from other owners of the residential premises if it belongs to the rights of common shared ownership, since the deed of gift is a gratuitous agreement and does not imply the receipt of material benefits.

The most important criterion is its mandatory certification by a notary (clause 1 of Article 42 No. 218-FZ), but under certain conditions:

1. The apartment is in common shared ownership, so everyone’s share was clearly defined and legally formalized.
2. Part of the premises is the joint property of the spouses.
3. Provided that part of the living space was acquired during marriage and the husband or wife wants to give it to each other.

If we were talking about buying and selling, then it would be impossible to complete the transaction without the approval of other owners of the living space. Co-owners in this situation have the primary right to purchase it. In our case, the owner of a share in the apartment can transfer it to anyone and whenever he wants.

Documents for registration

They must be submitted to the territorial offices of the MFC or registration chamber at the place of residence, depending on where the new home owner decided to undergo this procedure.

Their list is as follows:

• identity card - civil passport;
• certificates of title for the donated real estate;
• technical passport for the apartment;
• extract from the BTI;
• personal account or a copy thereof;
• receipt of payment of state duty;
• document on estimated value.

After submitting the entire package, the applicant is given a receipt confirming its acceptance by the registrars, on the basis of which he will receive an extract from the Unified State Register.

This occurs within 3 to 5 business days. From this moment, ownership of the home passes to the new owner.

The procedure for registering a transferred house to the new owner

The procedure for transferring rights when re-transferring ownership rights to the donated residential premises and assigning them to the new owner will take place according to the following scheme:

1. preparation and collection of the package of documents necessary for donation. This includes: a registration certificate and the document on the basis of which it was obtained, data on real estate - a passport for housing, extracts from the BTI and the register, receipts for payment of utilities without debts, a certificate of absence of tax debts, possibly an entry from the “passport -visa department of the Ministry of Internal Affairs, Housing Office or passport office about those registered in the living space, personal data of the parties to the transaction;
2. applying to the federal body Rosreestr or MFC to register the transaction and transfer of ownership rights;
3. payment of state duty and provision of the corresponding receipt;
4. obtaining a certificate of ownership from the registration authority. Estimated processing time is about 9-10 business days.

The period may be extended if the submission was made through State Services, since the documents in any case must be transferred and reviewed by the registry authorities.

Some nuances

There is a category of citizens to whom it is impossible to transfer (as well as donate) real estate due to their special legal (official) status.

There are often cases when previously donated living space is returned to the former owner. This is due to conditions that arose under certain circumstances. All these features and their specifics will be explained in detail below.

Category of persons who cannot be gifted

There are restrictions on who can donate living space.

This cannot be done if the recipient is:

• civil servants;
• employees of law enforcement and municipal authorities;
• incompetent, minors and minors without the consent of their legal representatives;
• persons working in medical and preventive institutions on whom the donor may depend for some reason;
• between commercial organizations;
• legal representatives on behalf of minors or minors.

This is due to their social and professional status. After all, not all people fulfill their duty in good faith; scammers take advantage of a person’s unfavorable situation, his state of health, and try to formalize the transaction for themselves.

The law strictly prohibits this. If this is revealed, the contract is declared invalid.

Conditions for returning the apartment to the original owner

The residential premises can be returned at the initiative of the donee himself.

This can be done through:

• refusal of a gift;
• ask the donor to terminate the agreement;
• terminate the donation transaction in court.

However, the law provides for special conditions in accordance with which the former owner can demand the return of real estate when donated. They are regulated by the relevant Art. 577 Civil Code of the Russian Federation.

Thus, “... the donor may demand back the housing donated to his relative or a third party if, due to the entry into force of the contract and its subsequent execution, his health has seriously deteriorated or his financial situation has noticeably deteriorated.”

All these grounds are valid and provide for the return of real estate to the person who previously gave it to another person.

If such circumstances occur, it is recommended to contact the recipient and, presenting your arguments through negotiations, demand the return of the apartment. If a consensus is found on this issue, a new deed of gift is drawn up or a notarized document is issued to cancel the donation agreement.

If the transaction has not passed state registration, then the owner should not worry about returning the donated apartment back.

If the new owner of the apartment refuses to return the living space, it is recommended to immediately file a claim in court. The period for challenging a transaction is 3 (three) years. This is a time-consuming process, so first collect as much material evidence as possible so that the judge takes the plaintiff’s side.

A few words about taxes

When donating or transferring real estate, the person receiving the gift pays personal income tax, which is 13% of the total value of the transaction. But this is the case if the transaction is concluded with third parties or distant relatives.

The law exempts from paying this tax when real estate is gifted to close relatives:

• spouse;
• children (adopted and adopted);
• brothers and sisters;
• parents (including adoptive ones);
• grandparents.

However, starting from the next financial year, the new owner is required to pay tax on the property received as a gift.

In addition, he pays it for the remaining months of the outgoing year. For example, if real estate was donated in October 2020, then in 2020. the new owner pays tax from October to December.

Process nuances

When concluding a transfer transaction, it should be borne in mind that the analyzed process, however, like any other, may be considered illegal. To prevent such an outcome, you should familiarize yourself with the nuances of registration in advance:

1. The donation procedure may be declared illegal for 3 years if the applicant provides significant evidence of a scam. The countdown begins from the date of signing the deed of gift.
2. If the donor is unable, for example, due to health reasons, to take part in the donation process, it is imperative that care is taken to issue a power of attorney to the notary who certifies the documents.
3. The originals of the deed of gift are issued to all parties participating in the process.
4. If the new owner of the property is a minor child, consent to the transfer must be provided by a parent or guardian representing the interests of the minor citizen.
5. If the owner decides to transfer only part of the apartment, he will need to prepare a permitting document signed by all co-owners of the property.

Authorization documents will not be required from third parties if only the donor and the person to whom the property will be transferred are registered in the apartment.