the most part, drawn-State property.And there is a logical explanation.Firstly, the apartment gets exactly the one to whom it is addressed (as opposed to, for example, probate).Secondly, the treaty enters into force after its signing.Third, select the presented apartment is almost impossible.The main thing - to get it right.
content of the article:
- Required Documents
- Do I pay taxes
- stage of registration
Necessary documents for registration of donation to a close relative
Talking about the list of documents, it is worth noting that it would bedepend directly on the subject of the contract.We remember: it is a contract!Because even for the dedication you need the consent of the "host" side.
list of documents, if the subject of the contract - property.
- Sv-in of state / registration of ownership of real estate.
- document confirming payment of state / fee for registration of property rights + copy.
- donor statement on the registration of transfer of ownership.
- Statement receiving the gift side of the registration of property rights.
- civil passport (on each side).
- contract of gift of property: 1 - two scripts both sides are decorated by a notary + copy.2 - or both sides of the originals (in case of in ordinary writing) + title document (original).
- consent of the spouse (-zu) Donor provided that donate property belongs to both spouses (family).Certification of a notary is mandatory.
- cadastral passport property (from BTI).
- Help with assessment of the real estate inventory (of BTI).
- document that serves as proof of ownership of this property giver.He is certified by the official responsible for the registration of citizens in the community.When registered in the Unified State Register right - the original.If you are not registered in the Unified State Register right - the original + copy.
- document on the composition of all persons that are registered in the property at the time of registration.
- guardian consent, provided that one of the parties is incapacitated or has not reached 18 years of age.
- document from the tax on the absence of tax arrears (in the preparation of the property by the donor as a result of inheritance or gift).
- document about the absence of arrears in payment, account statements, as well as from the house.
documents for re-registration of the car on a deed of gift (they provide the party receiving a "gift»):
- Treaty donation.
- Civil passport.
- document confirming payment of state / registration fee.
processing time - 5 days from the moment the person enters into the right of ownership.
Do I need to pay the taxes when you make a donation?
As a rule, the conclusion of the contract of donation takes place between close relatives.They, in turn, are exempt from tax.With regard to transactions between foreign entities, the contract amount is always indicated value of the contract.That is, close relatives do not pay taxes, for the rest, he is 13 percent of the price for the object of donation:
- Cadastral price.It is determined by the BTI.
- market price.It is determined by an independent appraiser after the calculation on the basis of data and information on the prices of similar properties in the current time.
How much money will be spent on decoration donation?
Memo: tax on the donation of an object of giving from one family member to another is not.
- tax - 13% of the price for the object of donation.
- Notary for the contract.
- State / fee for notarization, respectively, the cost of housing.
- Services property appraiser.
- State / fee for registration of property rights.
Since March 1, 2013. State / fee is payable only for the registration of transfer of ownership (deed of gift in itself does not require registration).
Who pays the tax?
- spouses, children, parents - no need to pay tax.
- Brothers and sisters, grandchildren, grandmother / grandfather - no need to pay tax.
- aunts and uncles, cousins, nephews - the tax is equal to 13% of the value of the donation.
- Kinship there are no - tax will be equal to 13% of the value of the donation.
For the last 2 cases, more expensive option - a contract of sale.
costs for registration donation to the TC:
- State / fee equal to 0.5% of the price of car (hand - family members) or equal to 1.5% of the price cars (distant relatives or else doesare not in a relationship).
- Payment evaluation vehicle.
- property tax.
dedication to the stage of registration of a close relative
At registration of the relevant treaty should follow clear rules.It is mandatory to indicate all necessary information: name the parties, their dates of birth, passport details and complete registration information.As for the object of giving, it is described in the strict and absolute compliance with the / documentation and documents on ownership of the donor.The key difference between the contract - is its cost.That is, the donor receives nothing.
- If the property is acquired in a marriage, you need the consent of the donor spouse (-n) for the donation.
- If the subject - only a fraction of the real estate, you need the consent of all the parties (notary), with a share of ownership in real estate Giving.
- fact the transfer of ownership of 1st side to the other fixed entry in the Unified State Register and registration / ward.
How to make a gift certificate?Step by step instructions.
- conclusion of the contract - in the traditional form of writing or by means of a notary (optional, but recommended).Certification of a document by a notary - a guarantee that the two sides capable and voluntarily signed the document.Notarized document limits the ability to challenge the donation through the courts.The third advantage - the ability to obtain a duplicate in case of loss / theft of the document.
- Once the contract should appeal to Rosreestr for subsequent processing state / registration law.There treat already prepared a package of documents.Before contacting the corresponding stamp duty is payable.
- You can apply in person, through a legal representative, through the mail or MFC.Methods for obtaining the document - the same.
- State / fee for registration of rights today is 1000 p.for individuals.Exclusion (st.333.35 NC) persons recognized by the poor.
- terms.The document on the transfer of ownership shall be issued within 20 days from the date of filing.
- result of treatment in the State Register of receipt of the document becomes the property of the party that takes an object as a gift or giving a message to refuse to register with the reasons.
Making a dedication to cars virtually identical in their scheme of the procedure of giving property except that the gift made to register in MREO traffic police, not the Federal Registration Service.