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Gift for an apartment: design, pros and cons

Today we will be interested in the gift onapartment. What kind of document is this? What is it for? How to apply for a gift agreement? We will have to deal with all this further. As practice shows, coping with the task is quite easy. The main thing is to prepare in advance for the process. For example, it is worth starting with the preparation of papers. Registration of the type of contracts studied is accompanied by paperwork. This is quite normal phenomenon. In addition, it is not superfluous to know what the RF Tax Code says about the transfer of property for donations. What are the nuances of the population?

Gift for an apartment

Definition

First of all, let's see what a gift for an apartment.

This is a form of property transfer from oneman to another. A distinctive feature of the said agreement is that the property will be re-registered during the lifetime of the previous owner of "nedvizhki."

In fact, a gifted citizen transfers the entire apartment or part of it to another person on a no-cost basis. To demand money or the maintenance for the act is forbidden by the law.

To whom to give

On whom can I write a gift? Every modern citizen tries to understand this question.

By law, the owner can do with his property whatever he wants. And to give including. But who is allowed to transfer ownership of real estate?

The answer is simple - to any people and organizations onowner's discretion. You can give an apartment to companies, third parties or relatives. This is quite normal and legitimate phenomenon. The main thing is to follow the order of registration of the agreement, and also to remember some nuances of the procedure.

Transfer of property by agreement of gift

Relatives and donation

Gift for an apartment between relatives -a fairly common form of transfer of property from person to person during the life of the owner. And so this approach should be given special attention.

According to the current legislation, the species under studytransactions with property involving relatives are not taxed. That is, for the acquired property to pay personal income tax 13% do not have to pay. The main difficulty may be the proof of kinship. Especially when it comes to grandchildren and grandmothers.

Unfortunately, the taxation when donating an apartmentis absent only on condition that the recipient is a close relative. This is a very narrow circle of people. Therefore, if it is not a close relative, taxes after the transaction will be paid in full.

Close relatives are ...

Making a gift for an apartment is not a processmost difficult. Especially if you act according to some instructions. We will get acquainted with them later. First, it is worth considering the legal basis of the issue.

Who is related to close relatives? From a legal point of view, this is:

  • husbands;
  • wives;
  • sons;
  • daughter;
  • grandmothers;
  • grandfathers;
  • mothers;
  • father.

But the beetroot and test are close according to the legislationThe Russian Federation will not be considered. Only citizens from the groups listed above can conduct transactions on donating property without taxation. There are no exceptions in Russia on this issue.

Ordinary people and donation

Gift for an apartment can be arranged onany person. The main thing is to follow a certain algorithm of actions. To cope with this task is really not difficult. And even a person who understands nothing in paper red tape can quickly solve the problem.

Gift agreements, as we have already said, canto be registered on absolutely nonnative persons. In this case it is necessary to reconcile with the fact that after acquiring the property rights the new owner will have to pay the tax. Otherwise, such an act will be regarded as illegal enrichment.

Present an apartment

The amount of tax on donations can be reduced if it is a recipient relative. But this is not always the case. Therefore, citizens are used to focusing on personal income tax at 13%.

Property Details

Gift certificates for apartments and other large property are issued quite often. Especially when it comes to the transfer of property to persons who are married. But why?

It's all about the fact that when signing an agreementthe rights granted during the transaction will be considered personal. The property that was given to a person fully belongs to him. It will not be a joint property. Although there are exceptions. We will get acquainted with them below.

Accordingly, if there is a giftsomething, when divorce is shared, these or other objects will not. As an inheritance from the previous owner to go too. It is very convenient. In particular, if you want to divide between children and other relatives the inheritance during life and without any conflicts in the future.

Pros of the transaction

Is it planned to donate to the apartment? The advantages of such an operation are difficult to challenge. What are the advantages of the type of transaction being studied?

The advantages of giving include:

  • the possibility of transferring property or part of it during life;
  • under certain circumstances, you can challenge your decision;
  • after the conclusion of the transaction the object will be recognized as the personal property of the donee;
  • absence of conflicts between relatives after the death of the donor-testator;
  • small time-consuming costs for contract execution;
  • there is no need to have any special legal knowledge to conclude an agreement;
  • The absence of taxation for the relatives of the donor.

In fact, it is this kind of developmentevents is recommended for those who have a lot of property and heirs. This is due to the fact that after the conclusion of the gift agreement there will be no hereditary conflicts between the parties - everyone will receive what the testator deemed necessary is the owner of the property. You can challenge the decision, but such a situation is very problematic. It is often impossible to cancel a gift.

Notarization

disadvantages

Is it a gift for an apartment?Is it possible to challenge the donor? Yes, but only to make it problematic. We will talk about possible methods for solving the problem later. Before this, we will study the shortcomings of the gift agreement.

The minuses of the gift for the apartments predominate in small numbers. Usually they are:

  • actual irreversibility of the transaction;
  • necessity of payment of the tax on incomes of physical persons by the donee;
  • the former owner of the property loses all property rights to the apartment or other object prescribed in the contract;
  • need to pay for a notary.

The most unpleasant situation is whena person lives in an apartment and decides to give it to another person. For example, one of his children. In this case, in order to live on the territory of the donated apartment, it is necessary to count on the conscientiousness of the donee. After all, by law, he can at any time to sell, donate or exchange purchased real estate. And to prevent it will not work.

Drawing up a gift agreement

Decor

How much does a gift for an apartment? The answer directly depends on where and with whom the transaction is concluded. In general, notarial services cost the citizens about 1500-2500 rubles. Some offices charge a certain percentage of the value of the property for the services of a notary. It is better to specify this information directly in the chosen organization.

How does the decoration work for the apartment? As we have already said, it is enough to follow a small instruction to translate the idea into reality.

Guide for the formulation of the contract of donation for real estate is as follows:

  1. To prepare a certain package of documents. The list of required securities is presented below.
  2. Make a gift agreement. It is always necessary to specify the detailed characteristics of the apartment, its cadastral value and other parameters of the property.
  3. Handle prepared papers in the notary's office.
  4. Receive from the donee consent to the acceptance of property as a gift. The document is issued at the notary.
  5. Sign a gift agreement.
  6. Pick up the documents for the property.
  7. To register the property rights in Rosreestr.
  8. If necessary, pay taxes for the purchase of property.

Perhaps, that's all. In reality, everything is much simpler than it seems. It is enough to take responsibly the formation of a package of documents for the conclusion of a transaction.

Basic papers

Let's start with the required components. Gift for an apartment at a notary under any conditions requires a mandatory:

  • consent of the donee to accept property;
  • passports of the parties;
  • the extract from EGRN for the property;
  • a certificate of the composition of the family registered in the apartment, which they give;
  • the gift contract (3 copies minimum - to the donor, the recipient and the notary).

That's all. If the citizen has other documents for the property, they also have to attach.

Cancellation of gift

This is about:

  • cadastral passport;
  • technical passport for property;
  • certificate of ownership.

The thing is that these 3 documents from January 12017 is no longer issued. They are replaced by an extract from the rights register. Therefore, now in Russia donative for an apartment provides a reference EGRN.

Additional documents

But that is not all. What papers can come in handy if a person plans to sign a gift-of-property agreement?

Depending on the situation, it is necessary to attach to the previously proposed package of documents:

  • certificate of marriage / divorce;
  • birth certificate;
  • other certificates confirming the relationship with the donor;
  • the permission of trusteeship for alienation of the property belonging to the child.

As practice shows, this will be enough. Therefore, a special paper red tape donation to the apartment is not accompanied.

Cancellation of the contract during the life of the donor

We have already studied the documents for donation for the apartment. And what if the person first gave the property, and then changed his mind?

In this case, there are 2 options for the development of events:

  • let it be as it is;
  • appeal to the court to appeal its decision.

Often the first alignment takes place. After all, the gift is the decision of the donor. It is taken independently, voluntarily and free of charge. You can cancel the relevant transaction only as a last resort. When?

For example, if:

  • the donor was mentally ill at the time of the deal;
  • the decision was made under threat, psychological pressure;
  • The person who committed the act accomplished a crime directed against the donor or his relatives.

Ideally, a gift for an apartment is recognizedinvalid if it can be proved that the donor was intimidated or blackmailed. That is, when the decision to donate was taken not on goodwill, but under the influence of certain factors.

In other cases, as practice shows,It is impossible to return property alienated by a gift. Unless in the case of the recognition of the donor at the time of the conclusion of the transaction is inadequate. The problem is that to prove this fact is problematic. In any case, if the agreement on donation wants to recall the one who acted as the former owner of the property.

Invalidity after death

Gift to the apartment after the death of the donor does not lose its power. Only heirs can try to recognize the contract as invalid. This is possible, but in exceptional cases.

That heirs could achieve cancellationthey will have to prove that at the time of signing the agreement the testator was mentally ill or incapacitated. Usually, a psycho is done beforehand. expertise.

Registration of property rights

Tip: so that no one and under no circumstances could withdraw the gift contract, the donor must attach a medical report on the state of health to the package of documents. Proof of the mental health of the owner of the property is the security of the transaction.

There are no other options for the development of events. Therefore, many believe that you can not cancel a gift. In reality, this is not the case. Just to prove your case is extremely problematic.

Testament or donation?

Many are interested in how best to distribute their property - according to the will or gift certificates. To answer this question is problematic.

It's all about the fact that transfer by will hasplace only after the death of the testator. In addition, the process of drafting a testamentary document takes a lot of time and effort. To do this, ideally, several witnesses are required.

Gifting is a simpler operation. But then there is a risk of remaining without housing - the new owner of the apartment can easily sell the property or simply evict it.

However, in order to avoid conflicts betweenheirs, many people prefer to share property in life. How much does a gift for an apartment, you can find out in a notary office. After this, one should begin to take decisive action. The main thing is to follow these recommendations. Then the gift will not bring any trouble.

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