Presenting a property to a relative. Documents required for gift of real estate
In 2013, the gift tax was abolishedproperty to a relative. Documents now began to make out much easier, and therefore the number of such contracts increased exponentially. Earlier, to transfer real estate and avoid paying a fairly large tax, resorted to heterogeneous tricks, including a sale at a very low price, transfer by will or lease, and now this is no longer necessary. Now it is enough to draw up a contract of donating an apartment to a relative, according to which all property rights to the real estate will be transferred to the donee, who will become the new owner.
It is worth noting that the number of fraudulent schemeson this ground has not increased, but more people are turning to the court to cancel such a decision, with the most common relations being clarified between relatives. Among the population, few people understand what they are doing, resorting to such a decision. Therefore, it is worthwhile to tell everything you need to know about donating real estate.
What are the consequences?
Each person has some kind of propertyor its share, it can be a country villa, a large enterprise or a small house, an engagement ring, a TV or a mobile phone. All these things belong to one or several persons on the property rights. And the law protects this right, at the same time everything begins with the basic law, that is, the Constitution, and ends with legal and regulatory acts. One of which is the Civil Code of the Russian Federation. It is customary to protect real estate doubly, since in this case not only the rights to the object itself but also the right to a place of residence are protected.
Owners of the property are available transactionspurchase and sale, donating property to a relative. In the latter case, a special document is used for this. The contract of donating an apartment to a relative is made in a special way. Once this is done, it already entails certain legal consequences. Since it is a question of real estate, when registering a gift for it, the right to own it passes from one person to another, that is, the donee. From this moment the new owner has the right to sell it, exchange, donation or will. The former owner can not count on any rights in relation to it. If we talk about how best to formalize the alienation of real estate through a gift agreement, it is worth noting that it can be formalized in such a way that it will enter into force after a certain time. However, there is an important point: the new owner enters into rights only if the donor is still alive.
If you make a gift of real estaterelatives, the documents must be filled correctly. There is such an error when the contract specifies that ownership rights will be transferred only after the death of the donor. From the legal point of view this is not true, therefore such a treaty can not be considered valid. If the donation of property to a relative and the collection of necessary documents were successful, but the donor has died before the entry of those entitled to property, such housing will be added to the total mass of the inherited property. A person who has not received a gift will become the same as an applicant for inheritance, like everyone else.
At its core, this is a rather complicated process - giving a property to a relative. Documents required for this are presented in the following list:
- a passport or other document that serves as a confirmation of the identity;
- securities confirming registration of rightsthe property of the donor for real estate, which he is going to give. In addition, it is necessary to attach a receipt for entering the state duty with a written application of the apartment owner for the transfer of rights to it, as well as a specially written statement of the new apartment owner;
- herself a gift for real estate;
- a cadastral passport for housing issued by BTI, as well as a certificate indicating the estimated value of housing donated;
- written consent from close property owners. Such consent is mandatory if the dwelling is a joint property of the spouses.
Difference of close relatives from other peopleis that for the sake of them the majority are ready to commit insanities, and also worries about them much more than about all others. Therefore, the donation of real estate to the son, daughter, mother or wife must be carried out without payment, and not serve as an opportunity for tax authorities to receive tax imposed upon the purchase and sale of real estate. If we consider that we are talking about close relatives, there is a certain procedure, according to which the property is donated to a relative. The agreement in this situation has the same legal force as in all others, and the requirements for it are similar. The necessary list includes the consent of the spouse for the gift, if the property was acquired in marriage for joint savings, and this written consent must be notarized.
Once the contract has been drawn up, you mustto appear together with the donee in the Office of Rosreestr at the place of placement of real estate. In addition to all these documents, this service is required to submit documents that serve as a confirmation of your relationship. A relative to whom you decide to give an apartment can at any time refuse the transaction, both before its registration and after its completion. For this, it is required to draw up a written application, after which it must pass mandatory registration in state structures.
When donating an apartment in this case it is necessarytake into account certain features. All transactions by minors are carried out with the help of a guardian or legal representative. There are different life situations, and if the father does not live with the child, and the latter has a guardian, then when drawing up the gift agreement, the guardian will sign this document, acting in the interests of the gifted person. If the child lives with his father and mother, while the apartment is the property of the father who wishes to issue a gift for the child, then there is nothing complicated. Under normal circumstances, parents have always served as legal representatives of their child, so if one of them wishes to make a gift, the second parent acts as the legal representative.
Gifting an apartment to his wife
Sometimes the husband understands that the wife will not be easyafter his death, therefore decides to fully arrange housing on it, making it the sole owner. The problem is that after his death, not only his wife, but also adult children will apply for his half of the property. In order for the spouse not to find herself in a difficult situation, when she needs to buy out the children's shares, the spouse can make such a decision. Usually in this case we make out the contract of donating the share of the apartment to our relative, then as a result the second wife will own the whole living space. To begin with, it is necessary to allocate the share of the husband in kind or to determine the percentage of the apartment owned by him. It will not necessarily be half. If the apartment belonged entirely to the husband, he inherited it, or it was given to him, or he could get it before marriage, then the registration of the gift for the spouse will take place on general grounds.
Earlier, the tax was withdrawn from the donation deals, and nowThe new Tax Code of the Russian Federation does not oblige to pay tax on the donation of property. But the law lists the persons who can be considered such relatives. This includes parents, children, including adopted children, wives and husbands, sisters and brothers, as well as grandparents. It is generally accepted that as a result of a gratuitous transaction between these categories of persons, the income of those citizens will not be formed in relation to which the registration of a gift is made. So, for such a transaction it makes no sense to levy a tax.
Previously, the amount of tax was 13% of the costreal estate. It turns out that the legislation significantly facilitated the free of charge transactions between relatives, which allows you to perform certain maneuvers with real estate, while not losing a fairly substantial amount of money. Now you know how the gift of real estate to a relative is drawn up, the documents that are needed for this, and other facts.