How to transfer an apartment to a stranger without costs on both sides and taxes?

Legal topics are very complex, but in this article we will try to answer the question “How to transfer an apartment to your daughter in 2020.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

• If the apartment is jointly acquired property and is registered in the name of only one of the spouses, then the notarized consent of the donor’s spouse is required. To obtain consent from a notary costs 1,000 - 2,000 rubles;
• If a proxy acts for one of the participants in the transaction - a notarized power of attorney (original and copy). The power of attorney is certified by a notary for 1,000 - 2,000 rubles. Donors cannot issue a power of attorney to the recipients themselves to sign a gift agreement for them, and vice versa. Because the donor and the donee cannot be the same person (clause 3 of Article 182 of the Civil Code of the Russian Federation). They can issue a power of attorney for each other, for example, to submit a signed agreement for registration with the MFC.

Registration of donation of a share in an apartment in 2020

Hello. I helped 20 clients formalize the donation of their shares. In itself, the execution of a deed of gift does not depend on whether the donors are related to the recipients or not. Therefore, the instructions on this page are suitable for everyone. I divided everything into 3 main stages: 1) collect documents; 2) we draw up a gift agreement; 3) submit the agreement with documents to the MFC or the Registration Chamber to register the transaction. Parties to the transaction: donor - the one who gives his share; donee - to whom it is given.

Stage No. 1 – collecting documents

If the gift agreement was certified by a notary (in notarial form), then the notary is obliged to submit the agreement to register the transaction HIMSELF, FREE OF CHARGE AND ON THE SAME DAY. This is already included in the service for certifying a transaction on the basis of Art. 1 of the Federal Law of 03.08.2020 N 338-FZ and Art. 22.1 Basics about notaries.

If the owner really wants to quickly re-register the apartment to a relative, then it is better for him to resort to the first three transaction options. We will explain below which method implies tax exemption.

Re-registration of an apartment to a relative without taxes

How to transfer an apartment to a relative?

The agreement has legal force exclusively during the life of the donor . If within 12 months the property is not re-registered and the donee dies, then the apartment receives the status of inheritance and cannot be transferred as a gift.

1. Preparation of documentation. Documents stored by the owner are retrieved, missing papers are ordered (consent of the spouse, permission from the guardianship authorities, cadastral passport for the apartment, etc.).
2. An agreement or other legal act is drawn up on the basis of which the ownership of the housing will be transferred.
3. If necessary, the executed agreement is notarized.
4. After the documents are signed, the agreement must be transferred to Rosreestr or registered through the MFC. The procedure lasts on average 7–10 working days , after which the new owner receives an extract from the Unified State Register of Real Estate with a record of the registered transfer of rights.

This is interesting: Krasnodar region, what is expected of large families in 2020

Tax

1. A statement written by the recipient.
2. Civil passports of the parties to the transaction.
3. Technical and cadastral passport for housing.
4. Certificate from the management company confirming that there are no utility debts.
5. Help in form No. 9.

Who should pay taxes when receiving real estate as a gift - video consultation Who should pay taxes and what should you know about taxes if you received an apartment or house as a gift? Oleg Sukhov reports.

Show number When a gift is not a joy First of all, giving real estate in accordance with the article of the Civil Code is simply prohibited on behalf of minors and incapacitated citizens. Such gifts to civil servants are also not welcome if such an expensive gift is related to their official position and the performance of their duties. It will not be possible to donate an apartment to employees of educational and medical institutions or social protection institutions on behalf of people who are there for treatment, education or maintenance. A gift agreement between commercial organizations will be considered illegal.

Gift deed for an apartment

At the same time, the citizen is obliged to calculate and pay personal income tax independently. The amount of such tax as a percentage of the income received, the tax rate is established by the Tax Code of the Russian Federation: For example, residents in the Russian Federation are foreigners who have received a residence permit in Russia, stateless persons permanently living with us.

1. passport of the applicant and other interested parties (for example, when selling, passports of both parties to the transaction are required);
2. technical documents for the property - cadastral passport, papers from the BTI;
3. notarized consent for re-registration from other owners of the residential property (if any);
4. receipt of payment of the duty fee - 2 thousand rubles for fixing ownership rights.

This option of transferring ownership involves re-registration of the apartment to the selected successor after the death of the original owner. In this case, the latter draws up a will during his lifetime, strictly observing the existing procedure.

Housing exchange

In order to transfer an apartment from one owner to another, you will need to figure out which agreement is suitable for a particular case. In addition, each method has some subtleties and rules, the implementation of which is mandatory.

I helped 18 clients formalize the donation of their shares. In itself, the execution of a deed of gift does not depend on whether the donors are related to the recipients or not. Therefore, the instructions on this page are suitable for everyone. I divided everything into 3 main stages: 1, collect documents; 2 we draw up a gift agreement; 3 we submit the agreement with documents to the MFC or the Registration Chamber to register the transaction.

The other spouse does not need to provide a passport and marriage certificate. Registration costs about 1 - 2 rubles. If you have any questions, you can consult a lawyer for free. Ask your question in the online consultant window at the bottom right of the screen or in the comments. You can also call the numbers 24 hours a day, 7 days a week: 8 - Moscow and region. The number of copies of the agreement depends on the number of participants, plus one remains with the notary for the archive.

How to re-register a share in an apartment

If you want guarantees, complete the purchase and sale. Write down the amount and payment procedure there. Hello, Elena. Explain your situation in detail. Either you write a deduction, then you write a tax. These are different concepts. When paying taxes, it does not matter whether a student or a non-student has an income or not.

This is interesting: Tariff for the maintenance and repair of residential premises in 2020

• Civil passports of the parties to the transaction;
• Agreements of all apartment owners for re-registration with notarized confirmation;
• A document of title for ownership of an apartment for the party to the transaction alienating the property;
• Cadastral passport of the apartment;
• Extracts from the house register, personal account of the management company (TSN/HOA);
• Re-registration agreement (purchase, sale, gift or exchange agreement);
• Registration of ownership by the new owner in Rosreestr.

Basic moments

At first it may seem that transferring the apartment by deed of gift is the most suitable option. But not everything is so simple. You may also have to pay tax on the deed of gift. Only close relatives are exempt from obligations. The rest of the citizens will have to share money with the state.

Therefore, in 2020, the solution to the issue depends on the costs associated with completing the transaction.

Awarding ownership of real estate to relatives is convenient. It allows you to bypass the complex machinations that are necessary when registering an inheritance and the right to it. Many owners prefer to transfer apartments and other real estate through a gift agreement, as this is the simplest and fastest option. To ensure that the transaction is not cancelled, it is necessary to take into account the current legislation of the Russian Federation.

Terms

There are several ways to transfer property to another person. The legislation of the Russian Federation provides for:

• Giving. Free transfer of rights to property. The former owner has no right to demand anything from the other party: neither services nor payment.
• Purchase and sale. One side sells, the other buys. The market or other value of the property is paid. Distributed between distant relatives. Allows you to resolve disputes in the presence of shares in real estate.
• Exchange or barter. Persons exchange apartments. This can happen either without additional payment or with additional payment if the living conditions in one apartment greatly exceed the conditions in others.
• Rent. Temporary possession of real estate. It can be either urgent or indefinite. With a perpetual rent, the owner often sets the condition that the new owner uses the apartment, but at the same time maintains the former owner as a dependent.
• Transmission by inheritance. There may be legal inheritance or by will. In a will, you can establish any order of inheritance, indicate as a recipient a distant relative or a person who is not related to the maker by blood ties. If there is no will, then inheritance occurs according to the law according to the following order: first the immediate relatives, then distant relatives.

Additional terms such as tax deduction may also be useful. If the re-registration is for a distant relative, he will have to pay tax. After some time, usually at the end of the year, he will be able to request his part in the form of a tax deduction back.

Features of the transfer of property between citizens of the Russian Federation are regulated by law. In particular, the largest number of articles that relate to this issue are contained in the Civil Code of the Russian Federation:

• Civil Code of the Russian Federation 567 - on contracts of gift and exchange;
• Civil Code of the Russian Federation 251 - on the owner’s ability to sell, transfer or rent out a share of real estate;
• Civil Code of the Russian Federation 235 - grounds for termination of ownership rights;
• Civil Code, Article 153 - transactions through which property can be transferred at the will of the owner;
• Civil Code of the Russian Federation 164, 131 - on mandatory state registration of transactions with real estate.

Ownership of real estate arises only after entering information into the register. The deal itself is not sufficient. If the parties are deceived, they will have to go to court to confirm ownership.

You should immediately mention the advantages of the procedure:

• the future owner gets rid of the problems associated with inheriting an apartment: registration is faster and easier;
• there is no risk that the transaction will be challenged as in the case of a transfer by will or legal inheritance;
• the former owner remains confident in the fact of the transfer of rights to the property.

Due to these advantages, many owners prefer to transfer property during their lifetime, replacing the process of drawing up an inheritance. For example, parents register an apartment in the name of their child, or elderly people - in the name of any heir.

In this case, a situation often occurs when the rights have already been transferred, but the former owner continues to use the property and lives in the area of ​​​​the apartment or house. In such a situation, you should register apartments for relatives only if the person is confident in their loyalty. Nothing will save you from eviction except incapacity if a relative suddenly takes up arms against the former owner.

Along with the transfer of property, all rights to it are lost, and a possible additional source of income disappears. You can forget about this disadvantage if the re-registration occurs on the basis of purchase and sale rights.

Possible risks

The main risk for a person who transfers his property is the deterioration of living conditions. If a deterioration in a person’s living conditions or financial condition occurs under a gift agreement, it can be appealed in court. However, when creating a purchase and sale or exchange agreement, it is more difficult to reverse the decision. Therefore, it is necessary to ensure that the transfer procedure does not harm the owner who is transferring his property.

An additional risk is incorrect documentation. If the written agreement turns out to be incorrect or its contents are incomplete, the transaction will not take place.

Often, incorrect completion of the form is reported at the stage of the parties’ application to Rosreestr. The application is rejected, after which the documents can simply be reissued and submitted again. But a more dangerous situation is when, for some reason, the documentation is accepted, the deal is concluded, and for some time both parties believe that the procedure has been successfully completed, but after some time it is discovered that the deal was drawn up incorrectly.

This will lead to losses on both sides: both financial and property. To avoid mistakes in official documents, it is advisable to have them reviewed by a qualified lawyer. However, this will cost more than doing it yourself.

In what cases can the transaction be terminated:

• the transfer of the apartment caused damage to minors who were registered or were co-owners of the transferred property;
• it was discovered that the signing of the papers took place under duress;
• the contract was drawn up incorrectly;
• False data is provided;
• if the re-registration arose on the basis of a will, it can be annulled if the deceased had incapacitated persons as dependents;
• there are no signatures of all parties;
• the property was foreclosed on or was previously sold to another person.

People trust their relatives and rarely double-check the apartment, which can lead to fraud on the part of even those closest to them. Although, such a risk most often arises when buying and selling property, rather than transferring it under a gift agreement.

In Russia, ownership of real estate is confirmed by a registration entry in the state register. That is, it is not enough to simply transfer your house or apartment to someone.

It is still necessary to properly re-register the change of ownership. Only after making the appropriate entry in Rosreestr does the new owner have the opportunity not only to own and use the property, but also to dispose of the property at his own discretion.

Transferring an apartment to a relative is usually required in cases where the person is not too close a relative to inherit by law or there are other applicants besides him.

In addition, the owner of the apartment in such a situation is absolutely sure that the person he chose received the housing.

There are quite a few ways to alienate real estate and you should choose based on specific circumstances.

We invite you to familiarize yourself with: 3 children large family

Required terms

The sale of an apartment is often carried out between strangers and strangers. According to the law, you need to conclude an agreement, register ownership and pay a fee.

In addition, the seller pays sales tax, and the buyer can receive tax benefits for refunding part of the costs.

An exchange assumes that people simply exchange housing. In this case, the transaction can be carried out as a simple exchange or exchange with an additional payment by one of the parties.

In a gift, the donee receives property without any payment or obligation. The apartment is transferred free of charge and unconditionally during the life of the donor.

The advantage of donation is that there is no taxation for close relatives. But all other recipients will have to pay tax on the profit received.

Inheritance can occur by law or by will. In the first case, the closest relatives inherit in the order of priority determined by law.

In the second option, anyone can be the successor. The advantage of this method of transfer is that the apartment passes to the new owner only after the death of the donor, and the owner has the right to repeatedly change the will and the circle of heirs.

In addition, there are other, not so popular ways to re-register an apartment in the name of a relative.

For example, rent, transfer of shares. In any case, there are advantages and disadvantages that need to be carefully assessed before transferring property.

A purchase and sale agreement is not the best option. The only advantage of such a deal is the speed of registration.

Important! It will not be possible to obtain a tax deduction when documents are drawn up between close relatives. Therefore, it makes sense to pay attention to other methods.

If the apartment has been owned for less than three years, then you will also have to pay tax. A purchase and sale agreement is most often just a way to transfer property. In reality, relatives do not pay each other anything, so there is a basis for recognizing the agreement as void.

There are two more alternative options for transferring housing to a relative: donation and will.

The documents should not be confused, since they have significant differences. According to the will, the relatives will receive the property only after the death of the testator. But by gift, an apartment or house can be transferred at any time. Therefore, the choice depends on the interests of the parties.

When making a will, expenses increase. You will definitely need to contact a notary. You can draw up a deed of gift yourself. Only if a share of real estate is donated, notarization is a prerequisite.

How to transfer property to a relative

For example, a gift transaction to close relatives is carried out without paying tax. But it is more profitable to re-register an apartment in the name of relatives who are not part of your close circle under a purchase and sale agreement.

What documents will be required to re-register an apartment?

• The donor's application for state registration of the right (will be drawn up upon receipt of documents).
• Applications of the donee for state registration of rights (will also be drawn up when accepting documents)
• Documents confirming payment of state duty (1000 rubles)
• Title and title documents of the donor (the documents you specified in the question, in particular such as a certificate of ownership)
• The deed of gift itself
• Cadastral passport of the real estate property (if it is in the PND, you don’t have to provide it)
• BTI certificate confirming the absence of arrests and prohibitions.
• If you are married, then your spouse’s notarized consent to this transaction

Any real estate transactions must be registered with the Rosreestr service. The only exception is the transfer of rights by will, since in this case the heirs will apply for registration after the death of the owner.

• Employees of medical institutions ;
• Employees of educational institutions ;
• Social security workers ;
• Acceptance of apartments from minors and incapacitated citizens ;
• And also between commercial organizations .

How to transfer a share to a relative under a purchase and sale agreement?

• the transaction is free of charge, i.e. does not provide for monetary compensation or the provision of any services;
• under the terms of the agreement, the donor may retain the right to reside in his part of the apartment;
• for donation, it is not necessary to notify other owners of the apartment, since such a requirement applies only to paid contracts;
• The contract must be certified by a notary office before applying for registration to the Rosreestr service.

Probably Prokhor wants in this way either to reconcile his mother with his “young” wife, or to make peace with her himself (he, too, was in a quarrel with his mother over the wedding) or to protect himself from the fact that if something happened, Larisa would not be able to take your gift back.

Details and preparation

A gratuitous gift agreement is, on the one hand, simple and convenient, but on the other hand, it is easy to challenge in court. You are even allowed to draw it up yourself, and only after paying the state fee, having it notarized. The gift agreement does not provide for payment, and it does not require a large package of papers, which gives it a clear advantage over the others.

• address;
• square meters of living and usable space;
• location details;
• floor;
• how many rooms;
• cadastral number;
• the presence or absence of balconies and loggias.

Also all ongoing redevelopments and even existing shortcomings. You cannot hide anything; it is important to present the information in full. And also the cost of real estate and the necessary information about the seller and buyer. The following documents need to be collected:

1. The first step is to go to the BTI and update the technical documents for the apartment and get an extract from the state cadastre. A very old passport for residential premises will have to be reissued by inviting a real estate valuation expert to do this. It takes about a month to produce this type of paper, so take care of this in advance.
2. When it comes to joint ownership of property, their written consent will be required. And either parent has the right to act for a minor child.
3. Drawing up a contract for the re-registration of property.
4. Payment of state duty.
5. And only after you have prepared all the above documents, will you be able to register with the Federal State Research Center. Go along with all the parties to the transaction and the collected package of documents. Only children under the age of majority are not required to be present.
6. The procedure for re-registration of an apartment will take several weeks, and as a result you will receive a certificate of state registration.
7. Opportunity to save.

There are absolutely legal ways to minimize registration costs:

• if you have owned an apartment for less than 3 years, this fact exempts you from paying taxes at all;
• if all documents confirming the sale are available, the tax amount will be 13% of the difference between purchase and sale;
• if you purchase another apartment in the same year, you will be able to reduce the tax amount;
• It will be possible to reduce the tax in the circumstances of sales under different contracts.

Re-registration of an apartment in the name of a relative without taxes will only be possible if a gift agreement is concluded, and in other cases it is possible to reduce costs. Given the red tape and time spent collecting documents, people turn to realtors for help, whose services are expensive. Therefore, it will cost less to consult a lawyer who will tell you in detail and clearly what papers and where to get them.

And after that, you can start collecting what you need on your own, which will save money. If you have a reasonable question about whose consultation is cheaper - a lawyer or a notary - then the issue here is not the price of the services, but the fact that the lawyer can help better. So, in order to formalize everything correctly, you need to go to a notary.

https://www.youtube.com/watch?v=6KqBYs554ZQ

But no matter which re-registration option you choose, the main thing is that you will subsequently become the happy owner of an apartment legally.

Tags: apartment, tax, re-register, relative

About the author: admin4ik

« Previous entry

How to transfer an apartment to your daughter

I am a pensioner, pension is 10,000 rubles, my daughter is an intern (7th year of medical university), I pay 90,000 rubles for tuition, the apartment in which we live has been privatized for the two of us, two more adult sons, 29 years old, 32 years old, are registered in the apartment; during privatization they gave up their share in our favor. How can I re-register an apartment in my name so as not to pay property taxes? I will be grateful for your answer. Sincerely, Chulpan.

How to redecorate an apartment and save money?

After going through the certification procedure at a notary's office, the husband and wife have the right to dispose of their shares at their own discretion. For example, one of the spouses can transfer his share to the second spouse on the basis of a gift or sale agreement. Subsequently, each of these agreements must be submitted to the Rosreestr branch to make changes to the unified database.

Donors cannot issue a power of attorney for the donee to sign a gift agreement for them, and vice versa. Because the donor and the donee cannot be the same person (clause 3 of Article 182 of the Civil Code of the Russian Federation). They can issue a power of attorney for each other, for example, to submit a signed agreement for registration with the MFC.

This is interesting: One-time payment to labor veterans in 2020

If the property belongs to a married couple, then the spouse must give appropriate permission. With its help, the second owner of the property alienates the living space acquired jointly during the marriage and makes it possible to register a gift to another person.

Required documents

• the will can be challenged in court by other heirs;
• expenses for re-registration of real estate (state fees, notary services) will fall on the child in the future;
• its preparation does not require the consent of the legal representatives of the donee;
• Along with property, the will transfers debt obligations to inheritance.
• if the inheritance case is opened before the child comes of age, then his representative will handle the registration of the inheritance;
• if there is no will, the child will receive only the share prescribed by law (if there is a relationship).

MFC refused to register the gift deed and sent me to a notary. Will I pay only 2 rubles at the notary? I'm going to give it to my daughter. Hello, Antonina. First, you need to pay for drawing up a gift agreement from 3 to 9 tons. In each region, the price for drawing up varies, because it is not determined by law. It is established by the local notary chamber at a general meeting.

I advise the donor and recipient to contact a notary in advance and tell them about the transaction. The notary will listen and draw up the entire list of documents that need to be collected. He can also go to your home if one of the parties cannot visit him due to health or age. If the recipient is between 14 and 18 years old, then you need his passport and the passport of one of the parents of the guardian or trustee. If the donee is under 14 years old, then his birth certificate and the passport of one of the parents of the guardian or trustee.

How to re-register a share in an apartment

And the authorized person, together with the donor or donee, will already contact their notary to draw up and sign the agreement. The donee does not have the right to issue a power of attorney to the donor himself to sign a gift agreement for him, and vice versa.

The peculiarity of this agreement is that the parties to the transaction act as a seller and a buyer at the same time. The agreement contains the same conditions as the above agreements. Notarization is not necessary; the contract can be certified at the request of the parties.

The legislation allows for the transfer of ownership under a rent agreement for a fee or free of charge. In the first option, the agreement specifies a condition for the periodic transfer of funds to the owner during his life (lifetime annuity) or indefinitely (permanent). And in the second there is a condition on the provision of services and the fulfillment of certain obligations - lifelong maintenance with dependents.

Exchange

1. Purchase and sale - the owner transfers the apartment to another person for a fee (Articles 549 - 558 of the Civil Code of the Russian Federation).
2. Donation is a gratuitous transfer of property (Articles 572 – 582).
3. Rent - a person undertakes obligations for the care and maintenance of the owner of the apartment or pays a certain amount during the period established by the agreement, and as a result receives it into ownership after the expiration of a certain time or the death of the owner (Articles 589 - 605).
4. Exchange - in such a transaction, owners exchange property among themselves (Articles 567 - 571).
5. Will - with this method, the apartment is transferred to the new owner after the death of the former owner and inheritance on the basis of a written order certified by a notary or a person specified in the law (Articles 1110 to 1175 of the Civil Code).