In his life, everyone gets a variety of gifts.But to get a gift for an apartment or house - is the ultimate dream for many people.There are often such transactions in related circles.Donation of property - is the transfer of ownership of the owner at no charge to another person.Making dedication has several features in comparison to the sale:
- resulting from real estate not to be divided after divorce the former spouses;
- after the sale of such property is required the payment of tax to the state, except the possession of a property for more than three years;the donor for making this donation no income, therefore he does not have to pay tax.Also exempt from tax gifts to those who received the property from relatives.
Before starting the registration of dedication, you need to find out what documents are required and what is the procedure of registration of documents.
worth just consider one thing: according to the legislation of the Russian Federation, there are a number of restrictions, in accordance with which the donor and the donee may not be all.In some cases, it is impossible to design donative property.In the role of the donor can not be the children who have not attained 14 years of age, their legal representatives and incapacitated citizens.In the role of the donee may not be citizens who work in the social security agencies, employees of medical and educational institutions, public servants, if the role of the donor are the relatives of their clients or customers.
According to the law, in some cases possible to cancel a dedication:
- the refusal of the donee of the property, which is obtained by a deed of gift;
- if the donee acts in relation to the property given to him can lead to its loss or damage;
- illegal act donee, often criminal nature in respect of the donor.At the death of the donor's gift certificate can be challenged in court and demand cancellation of his heirs;
- changes in the standard of living for the worse, or the loss of health of the donor as a result of donation.
If you cancel a dedication written in a written refusal on behalf of a person, cancel the transaction.Record the failure of the relevant authorities.
between the two parties (donor and the donee) home decoration donation is done by drawing up the contract of donation.It is subject to registration with the FRS.To certify the contract at the notary under the law is not necessary, but it is possible if desired.This is convenient because the loss of documents, you can always get a copy.All the necessary documents and the contract of donation is served in the FRS.
Documents required for donation of real estate:
- Documentation confirming the ownership of the property that is transferred to another person under a contract of donation.
- issued in BTI document giving an inventory assessment of the house (apartment).
- Information about living and registered in the living room.
- identity documents donee and donor.If passed
- building - owned by several people, it requires agreement on the design of a confidential donation.
