in 2013 was canceled gift tax property relative.The documents now become much easier to make out, so the number of such agreements has increased exponentially.Previously, to transfer property and avoid paying more taxes rather resorted to diverse subterfuges, including sale at a very low price, the transfer by bequest or lease, and now this no longer necessary.Now it is enough to make the contract of donation apartments of kin, according to which all the rights of ownership of the property will be transferred to the donee, which will become the new owner.
It is worth noting that the number of fraudulent schemes on this basis is not increased, but more and more people are turning to the court for cancellation of this decision, and the most investigated relationships between relatives.Among the population, few people understand what it is they do, resorting to such a decision.So you should tell everything you need to know about real estate donation.
What are the consequences?
Every person has some kind of property or of its participation, it may be a country house, a large enterprise or a small house, a wedding ring, TV or mobile phone.All of these things on the property rights belong to one person or several persons.And the law protects that right, while all begins with the basic law, ie the Constitution, and ends with legal and regulatory acts.One of which is the Civil Code of the Russian Federation.Property taken to protect doubly so in this case are protected not only the right of the object itself, but also the right of residence.
rights of the owner of the property owner
available sales transaction, donation of real estate relative.In the latter case, it uses a special document.The contract of donation apartments relative drawn in a special way.Once this is done, he has already entails certain consequences from the legal point of view.Since we are talking about real estate, when you make a donation to her ownership of it passes from one person to another, that is, the donee.From that moment the new owner's right to its sale, exchange, donation or bequest.The former owner may not rely on any rights with respect to it.If we talk about how best to arrange the alienation of property by donation contract, it is worth noting that it can be arranged so that it will enter into force after a certain time.However, there is an important point: the new owner enters into the rights only if the donor is still alive.
errors
If the donation is made out of real estate relative documents must be filled in correctly.This error occurs when a treaty specifies that property rights will be transferred only after the death of the donor.From the point of view of the law it is not true, therefore, such an agreement can not be considered valid.If the donation of real estate relative and collect the necessary documents have been successful, but the donor died before coming to bestow property rights, such housing will be added to the total weight of the inherited property.A person who has not received a gift, will be as a contender for the inheritance, like everyone else.
Required Documents
At its core, this is a rather complicated process - donation of real estate relative.Documents needed for this are given in the following list:
- passport or other document that serves as proof of identity;
- the paper confirming the registration of property rights on real estate of the donor, he is going to give.In addition, you must attach a receipt on making the state duty with a written statement of the apartment owner to transfer the rights to it, as well as a specially crafted application of the new landlord;
- very donative property;
- cadastral passport for housing issued BTI, and a certificate indicating the assessed value of property transferred as a gift;
- written consent from the family property owners.Such consent is mandatory required if the housing is classified as joint property of spouses.
Treaty
difference between close relatives from other people is that for the majority of them are ready to do crazy things and worry about them much more than all the others.Therefore, the real estate transaction giving son, daughter, mother or wife must be carried out without payment, rather than serve as an opportunity to obtain the tax authorities of the tax imposed in the sale of real estate.If we consider that we are talking about close relatives, there is a certain procedure according to which the donation of property relative.The contract in this situation has the same legal effect, as in all others, and the requirements it imposed similar.The list includes the required consent of the spouse gift tax if the property was acquired in marriage for shared savings, and that written consent must be notarized.
Making
Once the contract is made, you should go along with the Office of the donee Rosreestra place placement property.In addition to all the above documents to the service is required to file documents that serve as proof of your relationship.A relative, you decided to give the apartment, may at any time withdraw from the transaction, before its execution and after completion.This requires a written statement, and then undergo a mandatory registration in the state structures.
minor recipient
With donations of apartments in this case must take into account specific features.All transactions are carried out with the help of minors guardian or legal representative.There are different situations in life, and if the father does not live with the child, and the latter has a guardian, when drawing up the contract giving the guardian will sign the document, acting in the interests bestows.If a child lives with his father and mother, and the apartment is the property of his father, who wishes to issue a gift certificate for a child, then there is no big deal.Under normal circumstances, parents have always served as the legal representatives of their child, so if one of them wants to arrange the donation, the other parent acting as a legal representative.
Donation apartments wife
Sometimes the husband knows that his wife will not be easy after his death, so completely solve the housing issue to it, making it the sole owner.The problem is that after his death his half of the property will apply not only his wife but also adult children.To the wife has not appeared in a difficult situation when it will need to buy the proportion of children, a spouse may make such a decision.Usually in this case, a contract for donation to the relative share of the apartment, then the result of the second spouse in the entire property will be living space.To start setting aside a share of her husband in nature or to determine the percentage of apartments, belonging to him.This is not necessarily half.If the apartment belonged entirely to her husband, he inherited it, presented to him or her, or he could get her to the marriage, the registration of a dedication to the spouse will be on a general basis.
tax
previously starred on transactions of donation tax, and now the new Tax Code does not oblige to pay tax on the donation of the property.But the law states and a list of persons who can be considered as such relatives.These include parents, children, including adopted children, husbands and wives, brothers and sisters, and grandparents.It is believed that as a result of a gratuitous transaction between these categories of persons will not generate income for those citizens, in relation to which there is a registration donation.So, under such a transaction does not make sense to levy a tax.
Previously, the amount of tax was 13% of the property value.It turns out that the legislation was significantly facilitated gratuitous transactions between relatives, which allows you to perform certain maneuvers to real estate, while not losing a fairly substantial amount of money.Now you know how the donation is made out of real estate relative, the documents that are needed for this, and other facts.
