Apartment donation agreement between close relatives through the MFC

Of course, a lot becomes clear when you fully study and become imbued with the registration procedure. But here everything is not so simple.

Not only do you need to know, understand and be able to determine all the individual nuances, you also need to know where exactly the papers are being submitted so that everything is completed properly.

But it’s true, when all the papers have been collected, consents have been received (read about the need for consent to make a gift from the second spouse or co-owner), and the property is prepared for transfer, the last question that arises for the owner and donee is where to go for the proper registration? We will talk about this in as much detail as possible in this article.

You can learn about the pros and cons of an agreement on the transfer of property as a gift, as well as its types, and what is better to draw up: a donation or a will, from our articles.

About the opportunity

Is it possible to issue a deed of gift for living space at the MFC?

The gift transaction is notable for the fact that one party acquires something as its own property, in our case, real estate in the form of an apartment, and the second party makes the gift completely free of charge .

This seems unthinkable to many, but it is actually very convenient and beneficial when it comes to loved ones. Two entities take part in the procedure, one of which alienates the property, and the other accepts it.

If you want to study this in more detail, you should definitely refer to the civil code . It is this regulatory legal act that contains all the information about transactions that are allowed in civil circulation in our country.

It would seem that everything is simple - you come to an agreement with the donor, draw up an agreement, discuss the nuances and, lo and behold, the result is achieved. But in addition to discussion between the parties, the agreement also needs to be certified.

And not just certification, which can be easily arranged by a notary, but with appropriate registration and registration.

The state must be notified of your plans for the property and any changes in ownership must be properly reflected. One way or another, the agreement is formalized by the relevant authority.

It is generally accepted that the competence of the Rosreestr body includes the appropriate registration of the donation transaction. But, as a rule, there is only one Rosreestr per district; there is always a huge queue, which means that the chance to complete the procedure quickly disappears before our eyes.

Therefore, the state needed to involve another body in order to relieve Rosreestr and also give citizens the opportunity to resort to registration without waiting in long queues.

Multifunctional centers have taken over the role of assistance from Rosreestr

You can find out whether a donated apartment can be sold, donated or returned on our website.

Grounds for refusal of registration

The MFC may refuse to formalize a gift deed or cancel it for several reasons:

• the donor, at the time of donation, was in a state of insanity and did not realize the consequences of his own actions;
• the beginning of the transaction was initiated under pressure exerted on the donor by the donee. Such coercion can be identified by signs of physical or moral pressure;
• the fact of inappropriate treatment of the gift by the recipient has been revealed;
• the person who received the property as a gift died before the donor;
• the object of the donation cannot be identified or it constitutes absolutely the entire property of the donor;
• the gift is designated for a period of time following the date of death of the donor. In this case, the law on inheritance, not on gift, applies.
• the legal entity made the donation within 6 months before the date of declaration of bankruptcy.

If the transaction is concluded between close relatives

A deed of gift for an apartment between close relatives is a legal transaction concluded free of charge, in which the recipient may be: the spouse, parents of the apartment donor, children, including officially adopted children, grandparents, grandchildren and siblings, and sisters.

According to paragraph 18 of Article 217 of the Tax Code of the Russian Federation , transactions concluded between close relatives are also not subject to taxes. That is, the payer is exempt from paying personal income tax, the amount of which is 13 percent. There is also no need to file a tax declaration. In accordance with Article 229 of the Tax Code of the Russian Federation, the corresponding obligation is assigned to individuals who received monetary profit from the sale of an apartment owned by these citizens on the right of ownership and property rights.

Documents for registration of a deed of gift at the MFC between close relatives:

• passports, birth certificates of everyone involved in the transaction;
• technical documents for the apartment - cadastral passport, extract from the BTI, floor plan, explication;
• certificates of title for the apartment in the name of the direct donor;
• original and duplicate of deed of gift;
• receipt of payment of the national fee;
• documentation confirming the relationship between the recipient and the donor - marriage certificate, birth certificate, etc.

In order to register a deed of gift for an apartment between close relatives, the parties to the transaction go to the MFC branch at the location of the living space and fill out a standard application in the presence of a center employee. Next, civil servants accept the accompanying documentation, checking it for the absence of corrections, typos, deletions, and for compliance with other legal requirements. A special committee of the registration chamber conducts a legislative examination confirming the absence of grounds for refusal to implement registration actions, such as the imposition of seizure sanctions, falsification of data, inconsistency of documentary information, etc. If no errors are identified, the registrar makes an appropriate entry in the Unified State Register. At the last stage, the applicant is issued a certificate of state registration. The entire procedure in accordance with regulatory legal acts should not take more than 1 month from the date of filing the application.

If you have a power of attorney

The legislator provides for the possibility of registering a deed of gift for an apartment through the MFC by proxy, however, compelling reasons must be provided for this:

• staying in another state - for family reasons, work trip, caring for a sick relative;
• stay in a medical institution on an inpatient basis due to a serious illness;
• a pensioner who, due to health conditions, is forced to lead a sedentary lifestyle acts as a trustee;
• a citizen who has expressed a desire to delegate his rights and responsibilities to an authorized person has a disability of group 1 or 2.

A power of attorney for registering a deed of gift for an apartment to an MFC branch can be issued to both an individual and a legal entity. The only mandatory requirement when choosing an authorized person is his full legal capacity and reaching the age of majority. The rules and procedure for drawing up the appropriate power of attorney for the MFC are regulated by the norms of Chapter 10 of the Civil Code of the Russian Federation .

In accordance with Part 1 of the Civil Code of the Russian Federation, there are three types of power of attorney:

• disposable;
• notarial;
• general

In this case, preference is given to the second option, this is due to the fact that the first type of power of attorney is distinguished by a small list of responsibilities that are vested in the authorized person. The general trust deed is used least often, since its execution involves the greatest risks for the principal. When concluding this type of power of attorney, it is necessary to take into account that in this case all the main rights and obligations of the citizen are transferred, and the authorized person receives absolute control over the situation.

Procedure for issuing a power of attorney at the MFC:

• choose a trusted person who will faithfully represent interests in the multifunctional center;
• timely prepare documents for submission to the notary service;
• contact the notary at the place of registration of the apartment;
• write the text of a notarized power of attorney at the MFC;
• obtain the appropriate stamp and confirmation signature of a notary officer.

The provisions of the power of attorney must indicate the validity period; if the corresponding clause is not included, then at the legislative level it will be equal to one year. Three years are considered the maximum validity period of a regulatory legal act, which can be indicated in the text of the power of attorney, in accordance with which the deed of gift for the apartment will be registered through the MFC.

Package of documents

First of all, you need to make sure that all documents for registering a deed of gift for an apartment through the MFC are collected in full and are in proper form.

List of documents for registering a deed of gift at the MFC:

• three copies of the deed of gift: one for the registration chamber, two for the parties to the agreement;
• duplicate passports of the parties to the agreement;
• an application filled out according to a unified form;
• in case of providing documents through an authorized person - a power of attorney certified by a notary;
• title documentation for the donor’s apartment;
• technical documents for the apartment, which will also be transferred together with the housing - cadastral passport, floor plans, explications;
• an extract from the house register, issued no later than one month from the date of submission of the papers;
• notarized consent of the spouse to carry out a gratuitous transaction regarding the disposal of jointly acquired property. If the corresponding apartment is in separate ownership, it is necessary to provide an act confirming this fact, for example, a marriage contract, a judge’s decision on the division and determination of shares in the real estate;
• notarized consent of parents, adoptive parents or official guardians in case of registration of a deed of gift for an apartment in relation to a minor child;
• allowing the consent of the guardianship and trusteeship authorities to make a gift in relation to citizens aged 14 to 18 years, if by a court decision they were recognized as incompetent or legally capable with disabilities;
• if the apartment is mortgaged, it is necessary to provide the consent of the mortgagee - in the absence of other provisions in the mortgage contract;
• notarized consent of the rentee to dispose of the apartment, which was transferred under a lifelong maintenance agreement with dependents;
• receipt of payment of the national fee;
• a receipt confirming payment of income tax.

The above list is not exhaustive; if significant circumstances arise that may affect the registration procedure, civil servants may require additional papers. A complete list of the required documentation package is presented in the provisions of Federal Law No. 122 .

What documents are needed

Let us consider in detail the entire list of necessary documents that need to be provided to the MFC specialist; both the donor and the recipient must come to the center.

1. Passports
2. Three copies of the gift agreement;
3. Money to pay state fees
4. Original certificate of registration of rights (extract from the Unified State Register of Real Estate) of ownership of the donated property
5. Original consent of the spouse if the real estate was acquired during marriage
6. Permission from the trustee and guardianship authorities, in case of minority and incapacity
7. Unified housing document (issued on site)
8. In some cases, a certificate of family composition (check with a specialist)

Who should attend?

When registering a deed of gift for an apartment at the MFC, both parties must be present .

This is done to once again make sure that the parties have given consent .

So, if it turns out that the country did not intend to take part in the donation and did not sign the agreement, this is a reason to contact law enforcement agencies.

Read our articles about how to revoke an apartment donation agreement in a timely manner, as well as how to terminate it by agreement of the parties or in court.

Where to begin?

So, you have decided to formalize the donation and for some reason cannot contact Rosreestr directly.

Now you have your sights set on a multifunctional center and are already preparing the relevant papers for this, but what else needs to be done in order to properly carry out the preparatory work ?

So, the first thing you need to do is discuss the details with your opponent again. Remind him about the joint appearance at the MFC, tell him that you are going to finalize the deal in the near future. If your opponent agrees to all the conditions, move on to the next stage.

The next stage includes checking the property for utility debts registered persons (read about special cases of donation).

It is quite possible that the future owner will not want to take an apartment with an encumbrance.

If you are not going to write anyone out, this situation should be discussed with the future owner.

Find out also about the features of donating an apartment with a mortgage, as well as with the right of lifelong residence of the donor.

Registration of a deed of gift for an apartment in the MFC

Multifunctional centers (MFCs) are structures that act as intermediaries between the applicant and Rosreestr. MFC employees accept documents from citizens, check the papers for correctness, completeness of the provided package of documents, and also register the submission of documents.

• ease of submitting documents - no long queues;
• the possibility of using additional services, for example, the services of a lawyer;
• elimination of corruption - services provided at the MFC are free (with the exception of additional services);
• accessibility – there are MFCs in almost every region and center.

What documents are required?

To register an agreement with the MFC, you must have with you :

1. Passport.
2. Donation agreement.
3. Certificate of ownership of real estate.
4. Technical documentation.
5. Certificate from the BTI on the composition of those registered.
6. Certificate of absence of debts.
7. If the owner is someone else, then his consent to the transfer of real estate.
8. Receipt for payment of duty.
9. Receipt for payment of tax, if not between relatives.

Where and how to submit? Papers are submitted to the multifunctional center on any weekday. It is necessary to have copies of papers with you, and it is also advisable for all participants to appear.

Issue a deed of gift for an apartment in the MFC (cost)

A gift deed is one of the most common ways of transferring property from one person to another.
This is primarily due to the ease of concluding and processing the transaction, since in many cases the consent of the recipient is not even required. However, the latter’s lack of obligation to pay for the item received greatly simplifies and shortens the procedure itself. First of all, it is necessary to draw up an agreement in writing. You can do this yourself by downloading a sample from a trusted website. It must be remembered that the Civil Code of the Russian Federation establishes requirements, the inclusion of which in the text of the document is mandatory. Or, if you are unsure of your abilities, seek help from a lawyer who will do this in full compliance with the law.

Receipt times and cost

Despite the fact that the center in fact fulfills the duties of Rosreest, it takes a little longer for this body to formalize the transaction.

Therefore, if you applied to Rosreestr, you would have the ownership documents in your hands within three to four days, whereas in the case of a multifunctional center - only after a week.

The cost of the state duty will be three hundred rubles, but do not forget that this transaction is taxable, which means that if it is not carried out between close relatives, then thirteen percent of the total amount is subject to payment.

Find out on our website about the difference in the cost of a deed of gift for an apartment to a close relative, for an apartment owned for less than 3 years, as well as the cost of registration with a notary.

Features of an apartment donation agreement between close relatives

Gifting real estate between close relatives has its own cost advantages. Since the purchased apartment is material income, the law obliges the recipient to pay a tax of 13% of its value. This rule has exceptions for citizens who, according to Art. 14 of the RF IC apply to family members and close relatives.

Another distinctive feature when drawing up a gift agreement between relatives is the benefit of contacting a notary. If the law does not require the deed of gift to be notarized and the parties decide to apply to it of their own free will, then the cost of the state duty will be taken into account in the following amount:

• 3,000 rubles plus 0.2 percent of the cost of the apartment, if its price does not exceed 10 million rubles;
• 23,000 rubles plus 0.1 percent , but not more than 50 thousand rubles, if the cost of the apartment is more than 10 million rubles;

When concluding a gift transaction between relatives, it is necessary to indicate the family relationship , as well as provide the relevant supporting documents.
There are situations when the Federal Tax Service sends a requirement to submit a tax return and pay personal income tax. In this case, you will need to contact the tax office and provide documents confirming the transfer of the apartment from a relative.

When can they refuse?

Employees may refuse

1. You have not provided the necessary documents and now you need to deliver them in order for the transaction to be registered.
2. You are not the only owner, and the second owner did not give his permission to the transaction.
3. The contract itself was drawn up incorrectly; it contained errors and other inaccuracies in wording.

You can find out in what cases an apartment donation agreement can be declared invalid from our article.