How to transfer an apartment?

Not all gifts are appropriate and desirable. Even a house or apartment transferred to a citizen under a gift agreement may entail unaffordable burdens for the recipient. In such situations, the new owners have a question whether it is possible to transfer a donated apartment or house, the deeds of gift for which have already been issued and registered.

In this article we will answer this question, tell you how long it will take to donate an apartment received through a deed of gift, and whether you will have to bear expenses during the re-donation.

Is it possible to transfer an apartment received by gift?

Russian legislation does not prohibit the donation of items received under a gift agreement . The object of the donation can change hands several times until the new owner wishes to keep the gift for himself. The donee can even gift the acquired property to the donor.

Let's look at the rules and nuances that will allow you to save money in the process of re-donating.

Is it possible to officially transfer a donated apartment?

These categories include:

• civil servants;
• municipal government employees;
• incapacitated and minor persons;
• workers of medical and educational institutions.

But although there is a ban on donating real estate to civil servants and municipal employees, no one at the registration authority or MFC checks the status of the donee. Return of the apartment to the original owner So, 578 art. The Civil Code reports that real estate can be transferred to the original owner in 3 cases:

• if the donee so desires;
• if the donor requires it;
• when the deed of gift is declared invalid.

In the last 2 cases, returning the property to the original owner is possible only through legal proceedings.

To whom can the acquired property be donated?

The gift agreement is more common between individuals than legal entities, and there are reasons for this. According to Art. 575 of the Civil Code of the Russian Federation, gifts worth more than 3,000 rubles. cannot be given to the following persons:

• employees of medical and educational institutions, social services and other similar organizations, if the donor is supported by this employee (or this employee’s relatives are being treated, educated, etc. in these institutions);
• commercial organizations, if the donor is a legal entity;
• employees of state and municipal services, employees of the Bank of Russia, if the gift is related to the positions they hold or the functions they perform.

An act of donation is possible between two individuals, an individual and a legal entity, as well as between two legal entities, if the terms of their agreement do not contradict the current prohibitions and restrictions on organizations.

The most profitable option is to transfer the property to a close relative (mother, grandmother, children or grandchildren, etc.), since then the recipient will not have to pay the tax authority 13% of the acquired income.

Reference. Gifts cannot be made on behalf of minors or incapacitated citizens.

Exceptional moments

For employees of civil services, municipal bodies, employees of the Bank of Russia and other persons, there are some assumptions. According to Art. 575 of the Civil Code of the Russian Federation, they can receive a gift from citizens or other organizations if the deed of gift is associated with business trips or events within the framework of which it is made.

The gift must be “ordinary” and not exceed the value of 3,000 rubles. However, current legislation does not clarify what is considered an “ordinary gift” and what is not. There is also no official definition of the concept of “gift”.

Summary

Is it possible to transfer a deed of gift for real estate (apartment)? Is it also possible to transfer a deed of gift? Lawyers sometimes hear these questions. To transfer real estate received as a gift, a citizen can begin the process after he officially registers the property in his name and becomes the full owner.

To avoid refusal to formalize the transfer of rights, you should seek the help of a lawyer. A professional will be able to correctly draw up any type of document, including a gift agreement. He will correctly prepare the required package of papers and will also provide for all the nuances that often arise when resolving such cases. There is an important addition - during the transfer of real estate, the first copyright holder can challenge the transaction in court if he considers the actions illegal.

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Often citizens give real estate to relatives, acquaintances, friends, presenting them with a gift on the occasion of some event. Often, over time, the recipient of the gift has an idea: is it possible to donate an apartment in the future?

After all, various circumstances arise in life that force you to do this. Not everyone knows how this can be done, since not everyone is legally savvy. People believe that this procedure is very complicated and troublesome.

However, everything is much simpler. The article will outline in detail the subtleties of this legal relationship, all the sensitive points.

What are the limitations of the act of donation?

In Art. 576 of the Civil Code of the Russian Federation presents clauses limiting the possibilities of individuals and legal entities in relation to donations and transfers:

1. A legal entity cannot donate an object that is under its management, but registered in the name of another entity. The creation of a deed of gift is possible only with the consent of the owner. In addition, the cost of the object should not be too high.
2. If the intended gift has several owners, all of them must give permission, otherwise a gratuitous transfer of ownership is not possible.
3. You can grant the right of claim to third parties only according to the rules of Art. 382-386 of the Civil Code of the Russian Federation, as well as Art. 388-389 of Chapter 24 “Change of persons in an obligation” of the Civil Code of the Russian Federation.
4. Fulfillment of duties in place of the donee is possible only if the conditions of Art. 313 “Fulfillment of an obligation by a third party” of the Civil Code of the Russian Federation.
5. Articles 391-392 of Chapter 24 of the Civil Code of the Russian Federation provide for provisions regarding the donor's acceptance of obligations to pay debts to the creditor.
6. A gift can be made by proxy only if the name of the gift and the details of its recipient are indicated in the deed of gift.

When can you give a donated apartment back to the donor or another person?

This can be realized when it has completely become the property of a person, that is, after registering the transaction in the official representative offices of Rosreestr at the place of residence.

After what time can a donated apartment be transferred? Its new owner can do this at any time, at his personal discretion, regardless of how long ago it was donated. The law does not indicate any restrictions for this type of agreement.

If we compare this legal relationship with the purchase and sale of an apartment, then if they want to resell the housing within the next 5 (five) years, they will need to pay a tax in the amount of 13% of the cost of the residential premises minus 1 million rubles.

This is not provided for when transferring real estate, which is beneficial from a financial and legal point of view for citizens, since they will not incur additional expenses.

The procedure for registering an apartment as a gift again

All terms of this process should be agreed upon with the other party so that they do not abandon the property. Then you need to independently carry out several steps that will provide grounds for the emergence of a new legal relationship (donation).

1. Prepare title documents for the apartment.
2. Draw up the text of the agreement yourself or with a notary.
3. Sign it.
4. Go to the MFC or the Registration Chamber, where you will submit the agreement and its annexes to register the property rights of the new owner.
5. Receive 3 (three) days later an extract from the Unified State Register stating that the transaction was registered and carried out legally.

The parties to the agreement must be present at its conclusion, or send their representatives with notarized powers of attorney.

Additionally, you must have with you:

• passport;
• receipt of payment of state duty;
• technical passport for the apartment.

The notary will first clarify the legality of all actions taken, on what basis the donated property belongs, and the authenticity of the documents provided. Only after this the procedure can continue.

There are a few more nuances that are worth highlighting:

1. One of the parties is a minor or a minor citizen - his legal representatives (parents or guardians) must be present; without them it will be impossible to complete the transaction.
2. When a common share in an apartment is given to a spouse, his consent is required.

The permission of the husband or wife to carry out the transaction must be notarized, because we are talking about joint property. If there is no agreement, the legal relationship may be considered void.

How much does it cost to register a deed of gift when transferring a gift?

Conducting transactions incurs certain financial costs for a person. The legal relationship in question also has its price.

The total amount when transferring an apartment is determined from two types of payments:

1. State duty, which is equal to 2000 rubles.
2. The notary fee will be for close relatives: for housing costs up to 10 million - 3,000 rubles plus 0.2% of the amount. For other persons, but if the apartment costs up to 1 million - 3000 rubles. + 0.4% of the amount, if from 1 to 10 million – 7000 rubles. + 0.2% of the total cost.

When the cost of housing increases, the tariff increases, but the maximum amount will be equal to 100 thousand rubles. The technical work of a notary today is estimated at 5 thousand rubles.

Depending on the region of the country, the cost of notary services sometimes varies. In the capital of our Motherland, notary fees may be slightly higher.

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If you donate a share in an apartment

By law, part of the donated premises is personal property, so in such a situation the consent of the second spouse is not required.

There is no need to obtain permission from other owners of the residential premises if it belongs to the rights of common shared ownership, since the deed of gift is a gratuitous agreement and does not imply the receipt of material benefits.

The most important criterion is its mandatory certification by a notary (clause 1 of Article 42 No. 218-FZ), but under certain conditions:

1. The apartment is in common shared ownership, so everyone’s share was clearly defined and legally formalized.
2. Part of the premises is the joint property of the spouses.
3. Provided that part of the living space was acquired during marriage and the husband or wife wants to give it to each other.

If we were talking about buying and selling, then it would be impossible to complete the transaction without the approval of other owners of the living space. Co-owners in this situation have the primary right to purchase it. In our case, the owner of a share in the apartment can transfer it to anyone and whenever he wants.

Documents for registration

They must be submitted to the territorial offices of the MFC or registration chamber at the place of residence, depending on where the new home owner decided to undergo this procedure.

Their list is as follows:

• identity card - civil passport;
• certificates of title for the donated real estate;
• technical passport for the apartment;
• extract from the BTI;
• personal account or a copy thereof;
• receipt of payment of state duty;
• document on estimated value.

After submitting the entire package, the applicant is given a receipt confirming its acceptance by the registrars, on the basis of which he will receive an extract from the Unified State Register.

This occurs within 3 to 5 business days. From this moment, ownership of the home passes to the new owner.

Methods of returning to the donor

Is it possible to transfer the apartment back to the donor? The answer is clear - yes . There are two ways to do this: cancellation of the transaction and transfer.

If the agreement was drawn up in writing, then the refusal must be in writing. A document registered in Rosreestr can only be canceled by a counter document, which is also registered with the authorities.

Based on the counter-act submitted to the registration authority, changes are made to the real estate register. If the deed of gift was certified by a notary, then the same formalization will be required to refuse the gift.

When canceling a deed of gift, the donor must be aware of what is happening and not object. According to Art. 450 “Grounds for amendment and termination of a contract” of the Civil Code of the Russian Federation, a gift can be returned not only under a mutually drawn up agreement on termination of the transaction, but also through the court, if one of the parties does not agree.

The gift transaction can be terminated only within three years from the date of signing the papers.

Important. If the donor refuses to cancel the deed and you have to go to court, be prepared that without evidence of fraud or other significant violation of the transaction, the court will not terminate the deed of gift.

The transfer option is quite simple: the act of donation is drawn up between the same subjects, only in the opposite direction, or with a new subject, if you do not return the home to the donor.

Rights of the donee

Having completed a gift transaction, having gone through the process of formalizing and registering a gift document, the donor will lose all rights to the property that previously belonged to him, and they will pass to the donee. These actions take place free of charge.

After completing the legal procedures, the donee has the right to possess, dispose of and use the donated property at will. This means that after a citizen has acquired the right of owner, he is endowed with all the powers associated with ownership - legal disposition over the gift.

Is it possible to transfer an apartment received by gift to someone? A person has the right to sell, bequeath (transfer to heirs), lease, mortgage, donate or refuse inheritance at his own discretion.

So, to the question - is it possible to re-donate a donated apartment and whether it is possible to re-donate a deed of gift for a private house - there is a clear answer: you can re-donate an apartment . In this case, you cannot rely on the existing gift document.

To go through the re-gifting procedure, you must draw up a new gift document, which must meet all the norms and requirements of the law.

You will need to go through the registration stages again to conclude a gift agreement. After the new deed of gift comes into force (this moment occurs after registration), the new one (the donee) becomes the legal owner.

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Regarding the question, is it possible to transfer an object (apartment) back to a person (donor)? From the date of registration in the Rosreestr service, he can own the property and carry out all transactions with it at his own discretion; he has the right to transfer the object to other persons, as well as back to the donor.

Therefore, if necessary, it is possible to transfer an apartment or another piece of real estate many times. Each new action must be accompanied by the execution of a new gift agreement.

Notarization of the document is required, and registration of the transfer of property rights in Rosreestr is also necessary. It is important that there is no such definition as “transfer” in the law. Registration is regulated by the Civil Code of the Russian Federation. 32.

There are no time limits in the process of transferring objects. The procedure for donating real estate can begin immediately after completing the donation process (taking an extract from the Unified State Register). This document indicates ownership.

But, there are some exceptions . The deed of gift specifies certain conditions necessary for the donee to enter into the right of use.

For example, if the deed of gift includes clauses according to which the donee has the opportunity to register the property only after the death of the donor. Until this time, disposal of property is not the right of the recipient. He cannot transfer or dispose of it until the fact described in the deed of gift occurs.

Cost of the procedure

To transfer an apartment received under a gift agreement, you will have to incur some expenses.

These include:

• state duty - paid to the local budget in connection with the registration of the transaction;
• payment for notary services when preparing documents - the cost varies depending on the price of the apartment;
• personal income tax.

Regarding the payment of tax, the amount of which in 2020 is 13%, there are rules:

• payment is always made by the recipient of the home, not the donor;
• if the donee is your close relative (parent, child, sister or brother, grandmother or grandfather, grandson or granddaughter), then personal income tax is not collected;
• if the recipient of the gift (close relative) did not wait three years after receiving ownership rights, then during the re-transfer of the object of the gift he will have to pay a tax of 13%;
• if the recipient of the gift is a foreigner whose stay in Russia did not amount to 183 days, then he will have to pay 30% of the value of the property to the treasury of another state.

Considering real estate prices, in some cases 13% of the home price can represent a significant amount. Therefore, if the donee is not your close relative, in some cases it is recommended to draw up a purchase and sale agreement rather than a deed of gift.

Registration of transfer

The donation procedure has its own characteristics and legal subtleties. Let us consider in detail the process of registering a deed of gift in general terms.

Transfer procedure

Transfer has specific features from a legal point of view. Is it possible to re-donate an apartment received by a person under a deed of gift? How can this be done? Let's consider the options for registering a gift in more detail.

Stages of donation:

1. Drawing up a new deed of gift.
2. Have the deed of gift certified by a notary (this is a mandatory point when preparing documents).
3. Passing state registration of rights.

It is necessary to contact the municipal office of Rosreestr, or the MFC at the location of the object.

Submission of documents is carried out by sending a registered package by mail with a receipt notification, or through the Internet - the official website, or the State Services portal.

Documents required to complete the registration procedure:

• applications from the parties to the donation regarding registration;
• passports of citizens of the Russian Federation (both parties);
• receipt of payment of state duty in the required amount;
• documents of law for the object of donation (direct deed of gift - gift agreement>);
• a document that confirms ownership (this is a certificate, an extract);
• a certificate from the place of registration about registered persons in the property being donated (houses, apartments) or a unified housing document (UZhD). This certificate is obtained from the Management Company (MCC). If a transaction is made through the MFC, this document may not be required.

Advice ! Data such as receipts for payment of state duties (receipt of payments) are in a common database, so their provision is not necessary. To avoid troubles, you should save it until the registration process is completed.

Requirements for the contract

The gift agreement must be drawn up in accordance with the generally accepted model. It must also be signed by both parties.

In addition, a deed of gift that contains a typo or error will not be accepted for consideration.

That is why it is very important to contact a notary before submitting documents to the registration authority.

Submission of documents

What documents are required? In order for the transaction to be properly registered, you need to prepare the correct package of documents . It should include the following documents:

• passport;
• gift agreement;
• real estate ownership documents;
• technical documentation;
• certificate of payment of the duty;
• tax payment certificate;
• a previously drawn up deed of gift.

You can find out whether you need to obtain the consent of the second spouse to transfer an apartment as a gift, as well as whether you can donate living space by power of attorney on our website.

All these documents must have their own copies .

You may also be required to provide a certificate confirming the absence of debts for utility services, as well as a certificate from the BTI on the composition of those registered.

Documents are submitted to Rosreestr or a multifunctional center.

There, at the initial stage, they get acquainted with the contents of the papers, and only then they can transfer them to the next employee to formalize the transaction.

Transaction cost

Despite the fact that you can re-donate property endlessly, it should be borne in mind that this procedure is not entirely free. Upon registration you will need to pay:

• state fee for registration of property rights (2000 rubles);
• payment for notary services (depending on the value of the property);
• income tax of 13% (not in all cases).

Donations that are not between close relatives and family members will be taxed. The obligation to pay the tax payment arises from the donee.

The tax amount is calculated based on the cadastral value of the property and, as a rule, amounts to a very significant amount. To avoid paying taxes, some citizens do not draw up a deed of gift, but a fictitious purchase and sale agreement. However, this option is not always suitable.

For example, a serious advantage of donation is the fact that the donated real estate is not the joint property of the spouses. In the event of a divorce, it will be transferred in full to the spouse to whom it was gifted.

All expenses for completing the transaction are borne by the donee, since he is the beneficiary.

Obstacle to the transaction

The donation procedure is quite simple; the ability to carry it out without the obligatory assistance of a notary makes it possible to save money and resolve the issue yourself. We must not forget that there is always the possibility of an artificial delay in the transaction, or even the impossibility of completing it.

The negative aspects that prevent you from donating an apartment, including the following, include:

• Poorly drawn up gift agreement. The consequence may be a refusal in future registration of property with the need to correct shortcomings.
• The need to pay state fees and expenses when applying to a notary.
• Obligation to pay 13% tax for participants not closely related.

If a beneficiary, even a close relative, decides to sell an apartment owned for less than 3 years, the value of which exceeds 1 million, then he is obligated to pay a tax of 13% on the sale.

Timing of the transaction

A repeated change of ownership of the property must be carried out three years from the date of conclusion of the deed of gift. Otherwise, adverse consequences are possible:

• the previous owner can cancel the deed of gift;
• the new donor will have to pay a fee to the state budget, calculated from the share of the real estate.

If you have entered into an agreement with a new donee, then to make changes you will have to submit an application to Rosreestr. The processing time will be approximately seven working days. The date for receipt of documents will be announced after all papers are accepted and a receipt is issued for the seizure of the originals.

Is it possible to re-donate a donated apartment?

The donor does not pay any tax, since no enrichment occurs on his part, and if it turns out otherwise, the deed of gift can be canceled as a sham transaction. A deed of gift has one very significant advantage over a standard deed of sale: if the apartment is donated to either spouse, then after a divorce the second spouse will not be able to claim this property. From a legal point of view, transfer is no different from a standard donation. A new deed of gift is registered and the transfer of ownership is registered. It is impossible to enter a new name into the previous deed of gift.

Where to register a deed of gift for an apartment

From the point of view of the current legislation of the Russian Federation, a gift agreement or a deed of gift for a house is an agreement on the transfer (alienation) of real estate from one party to another free of charge, that is, without any benefit (money, things, services) for the donor of the property.

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Today, the wide popularity of this method of transferring property is due to the short period of registration of ownership rights and financial savings. However, in order for the gift agreement not to be ultimately declared invalid, it is necessary to follow certain rules, having information about the “pitfalls” when concluding such a transaction.

For example, the grounds for canceling a deed of gift may include the completion of the transaction in question without the mutual consent of the parties or the presence of any conditions that imply that the current owner of the house receives a certain benefit after the execution of the contract.

Also, as we already mentioned in the article about donating a garage, real estate objects are directly related to the land plots on which they were built. Thus, the deed of gift will be considered invalid if the house is donated without ownership of the land. In this case, the plot of land on which the building (in this case, a house) is built is also subject to re-registration.

From the above we can conclude that:

• Registration of a deed of gift for a house is impossible without transferring into the ownership of the recipient not only the building, but also the plot.
• In some situations, a transaction is concluded with one contract for two objects at once.

For example, even when donating part of a house, the donor is obliged to transfer to the donee a certain part of the land, the size of which is calculated based on the general data of the building and the share.

Let us note that if the donor has a long-term lease on the property and, according to the law, he has the right to use it, he can transfer his right in full to the donee. At the same time, the former owner will continue to act as the owner.

Before drawing up a donation agreement for a house, you should definitely familiarize yourself with the established procedure for this simple but very important procedure.

• At the first initial stage, the donee must prepare all the necessary documents that confirm his right of ownership of the housing and the land plot on which it is located.
• After this, it is necessary to draw up an agreement, conclude a transaction (sign a deed of gift), and then be sure to officially register the act of transfer of ownership from the donor to the donee.

Remember that in this case, only a transaction executed in writing, but not orally, will be considered legal. The agreement must be drawn up in 3 copies, and it must clearly state the object of the donation and its detailed characteristics (technical data, location, cadastral value, etc.). In addition, the document should indicate the conditions and actual period when the deed of gift comes into force.

It is worth noting that, although, according to the current legislation of the Russian Federation, in 2020 the act of donation may not be certified by a notary, experienced lawyers of the Legal Ambulance website recommend involving a specialist in the procedure. Otherwise, there is a possibility that in the future one of the donor’s heirs will try to cancel the deal.

After the parties have signed the deed of gift, the procedure for registering ownership takes place according to one of the following methods:

1. The parties submit the package of necessary documents to the local branch of Rosreestr.
2. Papers are sent there by registered mail.
3. All files necessary for registration can also be uploaded to the personal account on the official website of Rosreestr.

Let us immediately note the fact that the procedure for registering and drawing up a deed of gift for a house between close relatives must take place in accordance with the scheme established by law, subject to the requirements of the Civil Code of the Russian Federation. However, in some cases, the content of the gift agreement in this case may differ from the standard one.

Remember that an indication in the content of the agreement that the deed of gift will come into force only after the death of the donor and the current owner of the donated property leads to the recognition of the transaction as invalid! Such a document will 99.9% be challenged by a court decision.

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It is also worth noting the fact that drawing up a donation agreement for a house, like most legal procedures, involves certain financial expenses. At the same time, having transferred all expenses to the donee, the donor may not pay anything at all, because, in fact, he does not receive any benefits as a result of the transaction.

The total cost of the costs of correctly registering a deed of gift directly depends on the methods of its execution and the individual characteristics of the transaction.

Thus, in the case of independently drawing up an act, the parties to the contract who are included in the category of relatives will only pay a fee established by the state. The price for registration of a deed of gift by an agency will vary, depending on the region of residence of the parties and the complexity of the situation. However, we remind you that each of our visitors has the opportunity to get a free consultation, which will allow you to save a lot!

Since during the transaction only the recipient party benefits, it is he who will have to pay for the procedure for registering property rights. Today the price for this is set at 1,000 Russian rubles. Remember that without a corresponding receipt for successful payment for this service, employees of the registration authority do not have the right to carry out the operation of transferring ownership of the donated house.