Today we will be interested in registering a deed of gift. This process is extremely important when concluding an appropriate transaction. Without it, a signed document will not be considered valid. More precisely, the donee cannot be called the owner of the property. To register a gift requires a minimum of time and effort. Next, we will consider the features of the conclusion of the mentioned type of agreements, as well as the algorithm of actions for their registration in the State Register. All information presented to attention is relevant in 2018. Remembering her is easy. Especially given that step-by-step instructions contribute to the quick resolution of all problems associated with the design of donations.
Characteristics of Agreements
A donation contract for an apartment or any other property in Russia is characterized as a separate type of civil agreement. This is a document that is endowed with special properties. Namely:
- gratuitousness;
- focus on increasing the recipient's property by acquiring property from the donor;
- reduction of property of the former owner of the items;
- an increase in the property of the donee in the long run.
The main difference of the gift is that after the registration of the gift, the citizen receives the property at his personal disposal. In marriage, such things are considered to belong only to one of the spouses. The one to whom the property was presented. Such property will not be shared during a divorce. This is possible only as an exception.
What can I give
The procedure for registration of a deed of gift includes the conclusion of an agreement. At this point we will dwell in more detail.
The owner can give any of his belongings. They most often include:
- the property;
- intellectual property;
- property rights;
- exemption from property type obligations;
- movable property.
Without fail, after the agreement is signed, you have to go through the registration of the document. This process allows you to prove the rights of the new owner to the gift.
Who are the recipients
Many are interested in whom you can issue a gift. This question worries even potential donors.
In Russia, it is allowed to give property to anyone. The recipient can be a relative, a friend, or an organization. There are no restrictions on this subject. The main thing in the agreement is to indicate the recipient of the gift. In order for the process to go without problems, it is better to immediately negotiate an agreement with a potential beneficiary.
In real life, the most common gift contract between relatives. Especially between loved ones. For example, parents give real estate to their married child. Such property, as we have already said, will not be divided upon divorce. In addition, gifts between close people have some characteristics. But about them later.
Types of Agreements
It is important to remember that gifts are different. Not every citizen knows about this.
Today, the following types of donations are distinguished:
The first option is the most common. After the conclusion of the transaction and the registration of the gift agreement, the recipient of the benefits becomes the full owner of the transferred things. No need to wait.
Concessional gifts allow a person to become the owner of property only after he fulfills the conditions prescribed in the agreement. For example, will receive higher education. It is important to remember here that conditions should not be personally beneficial to the donor.
We will consider real gifts. After all, they are most often found in real life. It is worth remembering that the registration of any gift agreements is carried out according to the same principles.
Gift Brief
If you need to conclude a donation contract for an apartment or any other property, citizens will have to follow simple rules. How step by step can you imagine the process of registration of gifts?
The manual looks like this:
- Make a gift agreement.
- Prepare the documents necessary for the procedure. Their list depends on the situation. We will get acquainted with the papers when giving the apartment.
- Contact a notary office and get consent to receive a gift.
- Conclude an agreement in the established form.
- Get a certified agreement on hand.
- Pay transaction fee. It is better to do this before contacting a notary.
- Register the gift agreement with Rosreestr.
At this stage, the actions of the parties end. The agreement is registered, the former owner of the property loses all rights to the gift, and the recipient acquires them. There is nothing difficult about this.
Where are the agreements registered?
And where is the registration of real estate gift contracts? And how to complete the donation of another property?
To implement ideas in life, a citizen can apply to various state bodies. Among those distinguish:
- MFC;
- Rosreestr;
- cadastral chambers;
- portal "State services";
- official website of Rosreestr.
In reality, everything is much simpler than it seems. Problems may arise when using the website "State Services". But if you prepare in advance, the process will not cause any special difficulties.
Most often, citizens independently register gift contracts. For example, at the MFC or at the State Register. We will dwell on these processes in more detail.
Documents for gift
Before registering the right of ownership under a gift agreement, a citizen will have to prepare a certain set of documents. We are talking about securities required to conclude an agreement.
As we have already said, we will consider the procedure for implementing the task in relation to real estate. More specifically, apartments.
In order to conclude an agreement on the donation of this kind of property, you have to take with you:
- gift agreement;
- passports of the parties and birth certificates of children participating;
- extract from the USRN on property;
- spouse's consent to the alienation (if the property is common) + marriage certificate;
- prenuptial agreement (if any);
- permission from guardianship (if they give a share or all the property of the child).
In addition, the citizen will have to pay a fee for the transaction processing procedure, as well as agree to accept the gift. Usually the second paper is drawn up by a notary at the time of the transaction.
Gift Taxation
State registration of a deed of gift in Russia provides for the payment of a state duty for the procedure. But this is not all the costs that a person will face. The beneficiary will have to pay income tax on individuals.
In Russia, it is 13% of the value of the gift. Exemption from taxation relies only on close relatives of the donor. These include:
- parents;
- children;
- spouses
- Grandmothers and grandfathers;
- grandchildren.
All other persons pay personal income tax in full. None of the donee is exempted from the duty for registration of a deed of gift under any circumstances.
Fees
How much is the state duty for registering a deed of gift? The answer is not as simple as it seems.
The thing is that at the moment 2,000 will have to be paid for the direct registration of the gift. This payment is made by all individuals. When you make a donation agreement with organizations, you need to pay 22,000. If the transfer of a share in the property takes place, a payment of 200 rubles is required.
Re-registration and re-issuance of certificates of ownership of real estate in Russia also provide for state duty. For individuals it is 350 rubles, for legal entities - 1,000.
But this is the registration fee at Rosreestr. Notary services for certification of a document also provide for a certain fee. It is charged at a rate of 0.5% of the amount of the agreement, but not less than 300 and not more than 20,000 rubles.
It is also recommended that you remember the following information. It is useful to citizens who conduct transactions with land :
To prove ownership of the land, it will be necessary to make a payment in the amount of 350 rubles. Payment for making changes to the land:
Changes by agreement:
No further payments are made as the gift contract is registered in Russia. More accurate information about upcoming expenses will be provided by a notary public when certifying documents.
Registration in the register of rights
Suppose the parties have a gift agreement. Now the document will have to be registered. Otherwise, he will not be endowed with legal force.
Registration of a gift contract at Rosreestr is carried out within 10 days. The algorithm of actions will be as follows:
- Generate a specific documentation package. With his list (for real estate) we will get acquainted later.
- Write an application for registration of property rights.
- Contact the department of Rosreestr with a request.
- Pay the fee in the amounts prescribed by law. This step is best done in advance.
- Take a receipt on the acceptance of documents for consideration.
- To receive a certificate of ownership on the subject of donation (extract from the USRN from 2017).
These steps do not cause any difficulties. The main thing is to correctly form a package of papers and pay the fee on time. Otherwise, the request will not pass the processing stage.
MFC to help
And how is the registration of a gift agreement with the MFC? The procedure will be somewhat reminiscent of the previously proposed instructions. In reality, everything is much simpler than it seems.
In order to complete the donation through the MFC, you will need:
- Prepare a number of necessary documents.
- Enroll in the MFC, which is engaged in the registration of rights of one type or another. You can do without an appointment, but then you have to stand in line. This process takes several hours.
- Contact the selected multifunctional center and inform employees that they would like to register the gift of real estate.
- Fill in the application form.
- Take a certificate of acceptance of a package of documents for consideration.
- Make a fee for the procedure. As in the past case, to do this is the best in advance so as not to lose a lot of time.
- At the appointed time, pick up the certificate of registration of rights. To do this, you need to bring your passport with you.
The procedure takes a little more time than with a direct appeal to Rosreestr. Usually state registration in this case lasts 10-15 days. Sometimes the operation is faster, but it is extremely rare.
You can make an appointment at the MFC:
- personally;
- by phone;
- through the website "State Services".
The bulk of citizens do not use such bonuses. They prefer to defend a live queue. And this rule applies not only to the studied procedure.
Registration Package
What documents for registering a gift agreement may be useful to citizens? As we have already emphasized, we will focus on concluding a “gift” agreement with respect to the property.
Under such circumstances, participants in the operation will be required to:
- a deed of gift, certified by a notary (3 pieces minimum, 1 copy more than participants in the process);
- identity cards of the parties (for children - birth certificates);
- permission of custody of the procedure (if they give a share or all the property of the child);
- extract from the USRN;
- title documents for property;
- certificates of title to real estate (if any);
- receipts for making a fee for the process of registration of the contract in the established amounts;
- cadastral passport for property (not required from 01.01.2017);
- the spouse's consent to the procedure (when giving the jointly acquired);
- marriage certificates;
- documents confirming kinship with the donor (if any).
As a rule, there are no problems with preparing for state registration of gift agreements. Everything is extremely simple and clear. The main thing is to remember that all the listed papers are provided in the originals. Copies can be made, but without originals, they will not be considered by the registering authority.
Often, when registering a contract of gift of housing from the owners require an extract from the home of the book. This certificate should be presented at the stage of the transaction. She will point to all citizens registered in a particular housing. Sometimes this information can affect the decision of the beneficiary regarding the acceptance of the gift.
Conclusion
We examined the procedure for registering a gift contract in the territory of the Russian Federation. This is far from the most difficult operation of all possible. With the right approach to its solution, you can complete the gift in literally 2 weeks.
The most difficult processes during the operation are the preparation of the listed documents, as well as the payment of state duties and taxes. Usually the last payment is made one year after the acquisition of goods under a gift agreement. Even if the recipient is exempted from taxation, he will have to submit a tax return of the established form to the Federal Tax Service.