Many modern citizens have to deal with such a procedure as the design of a gift. What kind of operation is this? What are the pros and cons of it? How to carry it out correctly? The answers to these questions we have to find further. As practice shows, giving something in the manner prescribed by law is not difficult. In particular, if you follow the simplest step-by-step instructions and comply with the current legislation of the Russian Federation.
Definition
What is a gift? Some citizens do not understand what they will have to deal with. Therefore, we first get acquainted with the description of the operation.
Making a gift agreement is a process of transferring property into the property of the donee during the life of the donor. This is a kind of change of ownership of the property at no cost.
Such operations are in special demand. Especially in families where you want to share all property without disputes after the death of the testators. But what is necessary to remember about such procedures? And how to conduct them?
Who can give
Making a gift for a house or other property of a person does not take too much time and effort. The owner of something has the right to give things or immovable / movable property to other people.
Recipients may be:
- relatives (including distant ones);
- third parties and strangers;
- organizations, companies and legal entities.
Accordingly, the owner of the property chooses what and in what shares, as well as whom to give. The main thing is that the transaction was gratuitous, and the decision was made without pressure from the outside.
Important: you can give everything that belongs to a citizen. Most often there are transactions with real estate or movable property such as cars.
Close relatives and gift
Making a gift for a relative requires special attention. The thing is that the operation under study is subject to a state duty. But if the transaction is between close relatives, you will have to pay much less.
It is customary to relate to close relatives:
- children
- husband
- a wife;
- grandmothers;
- grandfathers;
- sisters;
- brothers
- parents.
All the rest are just relatives. And when they receive a gift under the relevant agreement, they will pay the same amount as third parties. No exceptions!
Important: income tax after receiving material goods from relatives of the donor is not charged. The rest pay 13% of the value of the property.
State Duty Size
Many are interested in the cost of registration of a gift for an apartment and other property. As we have said, you will have to spend a little money on this task.
Individuals pay 2,000 rubles for the operation under study, while organizations pay 22,000 rubles. This payment is charged to the donor.
The duty for obtaining material goods levied on the donee will vary depending on the degree of relationship with the owner. For example, you should focus on such indicators:
- 0.3% of the cadastral value of property - for loved ones;
- 0.5% of the amount under the contract (but not less than 300 and not more than 20,000 rubles) - for the rest of the recipients.
In addition, citizens will have to spend money on obtaining property rights. Payment in 2018 is only 350 rubles.
Important: notarial services will be paid separately. Usually money is given by recipients of material goods. The size of the payment will vary depending on the value of the item under the contract.
About registering an agreement
Registration of a gift from a notary and registration of an agreement are not required. Nevertheless, it is recommended that you contact the registration authority for the study operation. So you can avoid problems in the future. For example, if someone wants to challenge a deal.
As we have already said, the work of a notary is paid depending on the value of the transferred item or real estate. Therefore, it is better to find out more accurate information about the cost of registering a gift agreement at a particular notary's office. This technique will relieve future troubles.
Quick guide
The cost of issuing a gift has already been studied. Now we will find out how to carry out the appropriate transaction. Consider the procedure through a notary public. This alignment is found in real life most often.
A step-by-step instruction on the design of a gift in Russia in 2018 is as follows:
- To prepare the documents necessary for the operation. We will review their lists later.
- Make a deed of gift. If a person does not know how to fill out the form correctly, you can contact a lawyer or a notary for help. They will help you make a donation agreement for a fee.
- Get consent to accept the gift from the donee. The corresponding paper is written by a notary and certified.
- In the presence of an authorized person, sign the contract of the established form.
- Contribute money as a state duty for the operation to the state treasury. This step is best done in advance.
That's all. Now, the recipient of material goods will only have to contact the State Register to reissue property rights if necessary. There is nothing incomprehensible or difficult to conduct a transaction. Especially if the gift specified in the agreement belongs entirely to the donor.
Share transfer
What documents will be useful to a person for issuing a gift certificate for an apartment or other real estate? A little later we will consider this issue. But first, a few words about the transfer of a share of the property through a donation agreement.
Such an operation is really possible. In this case, the donor will have to indicate which part of his property he transfers to the donee. It is better to register the transaction with a notary. Otherwise, the procedure for issuing a gift certificate will be exactly the same as when re-registering property rights as a whole.
Required Help
Now we find out what documents for registration of a gift for an apartment will be useful to the owner of the house. Lack of appropriate documentation will invalidate the transaction.
The donor will have to take with him:
- deed of gift (in several copies);
- passport;
- certificate of ownership of housing (extract from the USRN from 2017);
- extract from the house book;
- a certificate from the personal account of the apartment about the absence of debts on the "communal apartment";
- beneficiary's identity card;
- Consent to accept the gift in writing.
All of these components bring the original + copy in combination. Only in this way will it be possible to cope with the task without problems.
Multiple owners
What documents do you need to take with you if you have several owners of the property?
Under such circumstances, the consent of all property owners to the operation will be required. Usually this rule applies exclusively to joint ownership.
Are the shares allocated in kind in the apartment ? Then the owner of a specific share can do whatever he wants with his property. And you do not need to receive consent for the execution of the gift certificate.
Joint property of spouses
What documents are needed for the donation? We have studied almost all possible scenarios. But what if you want to donate property acquired in marriage? Consider the case when the gift is jointly acquired.
With such a picture, the applicant will have to show:
- marriage certificate or divorce certificate;
- spouse's consent, notarized, for the operation.
Otherwise, the spouse who does not agree with the gift will be able to declare the transaction invalid through the court. That is why it is better to play it safe and not dispose of the common property as the sole owner. Even if the property is framed by the donor.
Donation of children's property
A rather difficult operation is the execution of a gift for property that is partially or fully owned by a minor. If the child is the recipient of benefits, there will be no problems. But to “take away” a share or all children's property is problematic.
The thing is that parents will have to enlist the support of guardianship authorities. To do this, it is necessary to prove that the interests of the child will not be infringed. For example, having copied to a minor a large apartment or part of it.
In any case, if minors are involved in the transaction, you need to bring:
- birth certificate of a child;
- permission from guardianship (if alienation of children's property is carried out);
- consent of the minor (after the child reaches the age of 14);
- child's passport (after the 14th birthday).
As practice shows, transactions for donating children's property in real life do not occur. But the transfer of property to minors by the studied method is very popular.
Other statements
Documents for registration of a deed of gift for an apartment on the listed components do not end there. Sometimes the donor is required to:
- constituent documents of the company;
- certificates confirming the degree of relationship with the recipient of benefits;
- statements of adoption;
- marriage contract.
All this will help speed up the operation and carry out the donation operation without any problems.
Benefits
Documents for registration of the gift were presented to our attention. What are the advantages of this operation?
Positive aspects are observed mainly for beneficiaries. For example, among them there are:
- transfer of ownership of property free of charge;
- do not have to wait for the donor to die;
- property received under a deed of gift will not be considered jointly acquired and divided upon divorce;
- owners can dispose of their things as they wish, and share property with minimal conflict in the family.
Nevertheless, the disadvantages of this operation are also many. Not everyone knows about them.
Cons of the deal
What exactly is it about? The thing is that the design of a gift with the wrong actions of the parties will cause a lot of problems.
Here are the disadvantages of the deal:
- can cancel the operation in certain circumstances;
- the gift is allowed to be recognized invalid through the court (for example, after the death of the donor or even during his lifetime);
- the donor immediately loses all rights to the transferred property;
- when conducting a transaction, you will have to significantly spend.
Despite all these disadvantages, citizens still try to give preference to gifts rather than wills.
Registration of property rights
We will pay special attention to the procedure for re-registering property rights to real estate after signing a donation agreement. This is the easiest task of all. After all, the main steps are already behind.
The recipient of the property must come to the State Register or to the IFC with such papers as:
- USRN statement;
- deed of gift;
- identification;
- application for renewal of rights;
- fee paid receipt.
After that, you will have to wait 5 business days. Employees of the registration authorities will enter data on the change of ownership of the real estate and will issue a new USRN statement with updated information.
Conclusion
An algorithm of actions was presented to our attention when issuing a gift certificate for a house or apartment. Similarly, you can transfer any property to another person at no cost.
Nevertheless, sometimes people prefer wills. They can also be challenged in court. But in this case, property rights will be transferred to the heirs only after the death of the “donor”.
In any case, everyone decides what to do. And the process of concluding a gift transaction will not cause any trouble. Registration of such paper is carried out according to the general principles of conducting business correspondence.
Mandatory in the gift indicate:
- F. I. O. of the owner;
- Recipient details
- full characteristics of the transmitted object;
- a share in the property allocated as a gift;
- a package of documents attached to the request;
- the degree of relationship between the participants in the process.