man, having their own real estate, could dispose of it at its own discretion - to bequeath, sell or donate.For donations of apartments was a real gift, you must comply with the rules provided for by the Russian legislation.
Treaty
The main thing is how to implement the donation apartment - a contract.It is made in writing and mandatory assure a notary.Otherwise it shall be void.There are two types of contracts: consensual and real.Their main difference - in fact, when the real estate passes into the hands of a new owner.
Thus, concluding the actual contract, the owner sends his apartment or other immovable property immediately after signing the papers.But at a consensual agreement provides a fixed term, in which the end of the square meters officially become the property of the donee.How to make donations of apartments - everyone decides for himself.But if the donor dies, and the period of the transfer of the real estate has not yet arrived, the donation contract loses its effect.And that means that the donee, unless of course he is not at the same time heir property did not receive.
Under Russian law, donations of apartments - is voluntary and uncompensated.In addition, to transfer his property so that a person can only be fully capable.
contract of gift may be declared invalid if you specify it in terms of any payment, even in disguised form.The size of this "compensation" does not matter.Furthermore, it may be invalidated when it is in the preparation of blunders.
Taxes
apartment - great gift, and despite the fact that over the gifts do not pay, give up part of his blood still have.After the law passed into the ownership of the square meters - is the kind of income that is taxed.Thus, a citizen of our country will pay 13% of the purchase price to the state.
However, this rule does not apply to donations of apartments close relatives.Under the Family Code, these are the grandparents, parents, children, spouses, brothers and sisters.If you fall into one of these categories, you do not have to pay the state.
Return donated?
happens that the one who gave the apartment, regrets it.For various reasons.For example, draw up an apartment in their children, and then they begin to evict mother of housing.From a legal point of view, to return that donated, it is very difficult.The only thing that will win in such a case - a reference to the Constitution.Which states that a person has the right to housing, and no one can evict him from where he officially registered.
If such a situation occurred, the former owner of the property must be brought to the prosecutor.It may issue an injunction current homeowners.If, however, those who gave the square meters, is now gathered to sell and drive the former owner of the street, then go to court.According to the decision of giving the apartment may be invalidated.
