gave you an apartment?Or do you just think, what kind of deals to choose to transfer the property to their children - the donation of real estate or inheritance?In any case, it is useful to know all the details of this method of transfer of the apartment.
Donation estate: tax is?
Most Russians believe that the real estate to take a gift for some reason it is easier than getting it by inheritance.In part they are right.For contract is needed only legal documents.No need to spend time getting other inquiries, do not require a cadastral parcel number.But the tax on donations of real estate still is.Those who gave the square meters, to pay the state 13 percent of the value of the house or apartment.Excluded he only when the gift take close relatives of the former owner.For example, children or parents.
Required Documents
worth noting that the property necessary for giving the same information and documents as for its sale.Having the only ownership can only conclude the contract of donation pledges.Documents needed for all types of real estate, be it apartment, house or land.
Once signed the deed of gift of real estate, it is subject to compulsory state registration.To get it, you need the following documents:
- Treaty donation in triplicate.
- package of documents confirming the ownership of the property, donate.
- passport of those involved in the transaction - that is, the donor and the donee.
- receipt confirming payment of state duty for the registration of the contract.
- passport of BTI.
Treaty formally register within one month after you submit the necessary documents.
promise to give
Gifting property can not at first be documented.That's what is needed so-called treaty promise of giving.In this situation, the promise can be equated to a deed of gift of real estate if it is documented and it is clearly expressed intention to transfer property from one person to another.
is important to emphasize that the promise made in writing, and also carried out the state registration.
In that case, if the promise in the donation is made, but the donee dies suddenly, at this property can not claim his heirs.Of course, if other terms were not spelled out in the contract of donation.But if the donor dies, his heirs do His will, that is, have promised to give the squares of the real estate.
possible to cancel a donation?
Gifting property suggests that it can be canceled.But only through the court at the suit of the former owner, that is the donor.This is possible if the treaty giving actually hiding sale.Then the donee, who actually paid money for the square meters, in danger of losing and finance, and property.After the donation of real estate - it is a gratuitous transaction, and prove that you have given the money, it is practically impossible.
