Donating a share in an apartment to a relative: documents, tax

To give a share in the apartment, you can use one of two legal methods: to register the procedure in a public agency or to use the services of a notary. Both of these methods have their advantages and disadvantages.

The second surpasses the former in convenience, since the notary has all the responsibilities for drafting the contract and its proper registration, but in this case, the essential disadvantage is the price of the services provided. If a person does not want to spend extra money, he can independently formalize the contract of donating an apartment to a relative, so it is necessary to familiarize yourself with all possible options for resolving this issue.

Self-service gift

To make a donation yourself, you need to go through 2 simple steps. First, a person is compelled to draw up a contract, and then to come to the authorized body and draw up the necessary documents. If the donee has not yet reached the age of 14, then all necessary procedures for him should be made by the guardian. If a person is more than 14 years old, but he has not yet reached adulthood, then the signature on the contract is placed by his parents (guardian) and himself.

Drawing up a gift agreement

To grant a gift to a relative in the apartment was recognized as properly executed, all legal requirements should be observed. This is especially true of the order and timeliness of the actions. The contract of donating an apartment to a relative is signed only in the presence of an employee of the authorized body. You can not put a signature until a visit is made to the relevant organization.

If a person does not know the rules of drafting a contract, one can turn to lawyers. To donate a share of an apartment to a relative, a sample contract in which you can perform it correctly, should be carefully. They compose this document on all the requirements and taking into account the modern requirements. If you admit at least one mistake, the document will not be accepted. It will have to be altered, and then again to be signed.

Information specified in the contract

1. The exact designation of the share that is given to a person. The donor has the opportunity to donate his share entirely or to designate only a part of it.
2. Passport data in the expanded form of the donor and the donee.
3. The address of the living space in which the donated share is located. It is necessary to specify the exact address, considering all its components.
4. The exact number of square meters that are given to the gifted. They need to be calculated from the total footage of the living space.
5. Apartment floor.
6. Number of floors of the house.
7. Estimated cost of a share can be prescribed, but it is not necessary.

Designation of special conditions

Sometimes there are provisions that indicate specific rights and certain persons or other features of the transaction. Often, the donor indicates that he has the opportunity for some time to reside in the area of the apartment donated to them. If the donor is not going to use the share of the apartment, but is not going to leave the living space, then it also should be immediately prescribed in the contract.

When a donor intends to live in a given home before death or a long term, it is also worth it to register in the contract so that there are no disputes over the legal status of people. The gift of a share of an apartment to a relative, a sample agreement of which is presented in the image, must be carried out according to all the rules.

Contract registration

To sign and formally formalize the contract, you must apply to one of the following institutions: the FRS, MFC or Cadastral Chamber. Article 131 of the Civil Code regulates that a person can choose any of these bodies, but you can only come to the organization that is located in the area of the location of the apartment. When registering a gift the difference between the listed registration authorities is not determined.

Required package of documents

When the gift of a share of an apartment to a relative is registered, the documents are provided in full:

1. Passport of both parties.
2. Contract of gift. It is necessary to submit as many copies as the number of participants in the transaction, that is, all people who are affected by this transaction are considered. To this number one more copy is added. He is left in the organization that makes out the deal. You can trace this pattern in the corresponding example: if the donors are 2 people, and the donee is one, then the person is required to provide 4 copies.
3. Certificate of ownership from each donor.
4. Notarized consent to donate a share in an apartment to a relative from the legal spouse, if the share in the apartment is recognized jointly acquired.
5. Power of Attorney certified by a notary. It is necessary in the event that any party to the transaction did not come to the state body to register the contract, and instead a trusted person appeared . Also, this person is required to submit a passport together with a power of attorney. The donation of a share in an apartment to a relative by proxy does not differ from the standard procedure, except for the need to provide the listed documents.
6. Written permission from the guardianship authorities, as well as from the legal guardian, if he has not reached adulthood or is not legally capable.

It should be remembered that the main package of documents is presented, but in a particular case, employees of the registering body can request other papers. If there is no certainty about the typical nature of your situation, you can approach the consultant so that he notices in advance what additional references may be required.

Actions when registering a gift agreement

To execute a transaction it is necessary to carry out the following actions:

1. To pay 2000 rubles as a state duty. In order not to waste extra time, you should pay a visit to the cashier located in the building of the registering body. It should be remembered that the payment of the state duty is assigned to the donee.
2. Drawing up two statements. They are made and issued by the registrar. After that, each side acquaints with the document, verifies it for compliance with the facts, and then assures with its own signature.
3. The registrar must collect all submitted documents. The only exception is the passports of the participants in the transaction. At the same time, each party to the transaction necessarily receives a receipt on the acceptance of documents. They prescribe the exact date when you need to come to the registering authority in order to take away the certificates of ownership of the property you have written off. Together with it all documents collected earlier are given back.

The law regulates that the registration of a contract should not take more than 10 days. In reality, not always the employee keeps within the time limit, therefore, before taking the documents, you can call the organization and clarify whether all the necessary documents are in the ready state.

Completion of the process of registration of donative

On the appointed day, both parties to the transaction must bring their passports, issued receipts, come to the registering authority and collect all the documents due to them together with the gift contracts. The donee is additionally issued a certificate of ownership of the apartment.

When the registration process is completed, the donee can register in the apartment and the donor can leave it, however these issues are resolved by agreement of the parties and when additional conditions of the contract are taken into account . The donee is obliged to pay 13% of the share price, when the share of the apartment is given to a relative. The tax is transferred to the state.

The process of obtaining a gift from a notary

To make a gift with the help of a notary, you have to spend a large amount of money. This procedure pays off in the event that the parties assume that some people will decide to challenge the donation for a share in the apartment after its registration. It is the notary who has an interest in the proper execution of the transaction. This is how the gift is given to the relative of the apartment.

Notary is provided with a package of documents

It is necessary to prepare such documents:

1. Passports of both sides of the transaction.
2. Certificate of ownership, which the donor has.
3. The contract of foundation.
4. An extract from the Unified State Register of Enterprises for an apartment, the share of which is presented as a gift.
5. Certificate of the number of registered in the living space. This document is not requested by all notaries, but if necessary, it should be provided.

Notary functions

This employee is obliged to draw up gift contracts, which each participant of the transaction signs in his presence. In the contract it is necessary to prescribe the cost of the share in the apartment, which is determined by agreement of the parties to the transaction. If you determine the value below the real, then if you want other relatives, the transaction can be canceled.

Ignore this aspect will not allow a notary, since the prescribed amount depends on the state duty and the services of this employee. In order not to waste extra time, a notary can register a spouse's consent to donate a share in an apartment to a relative if it is recognized jointly acquired. This point is also important. These are the main functions of a notary, which provides for the donation of a share in an apartment to a relative (2014).

Costs for the registration of a gift from a notary

1. Drawing up the contract is estimated at 2,000 rubles.
2. In the Registration Chamber for the gift of a share in the apartment, a relative is charged another 1,400 rubles.
3. When the share is received by family members, that is, husbands or wives, children, parents, as well as the closest relatives, such as grandparents, grandchildren, sisters and brothers, the state fee will be only 0.3% of the value calculated in the contract, however This amount can not be less than 300 rubles.

Features of the transaction

To register a transaction, a notary must for a time pick up the gift agreement, as well as the documents provided, exceptions are the passports of both parties. The given employee is obliged to give out the receipts, in which the receipt of documents and the obligation to issue all the necessary documents is designated, that is, to complete the transaction until a certain date. The parties can agree on the place in which they decided to take the documents. So the donation of a share in an apartment to a relative occurs. Documents Rosreestr issued on request, but you can pick them up from a notary.

The transaction is considered completed only when all documents are withdrawn, that is, the parties will take away the gift contracts, and the donee will receive a new certificate of ownership. In order for the transaction to be successful, it is necessary to comply with all rules for its execution and act in accordance with the procedure established by law.