The amount of state duty for DDU in 2020

Transaction procedure

Federal Law No. 214-FZ, dated December 30, 2004, is the main legal act regulating the procedure for share participation.

The document states that:

Legal features in the documentation

It is best to note in the documentation:

Specifics of the agreement

In order for the developer to be able to attract financial assets for the construction of a real estate property, he undertakes:

The developer is obliged to provide such documents to the potential shareholder.

Read about the pledge of claims under an equity participation agreement here.

Registration procedure in Rosreestr

After the parties enter into an agreement, it must be registered with the Rosreestr structures at the location of the new real estate property.

To do this you need to submit:

• Application for registration of an agreement: the standard form of the document can be taken directly from the registering structure;
• The shareholder's passport signed by the parties to the agreement. In the event that another person (representative) acts on behalf of the shareholder, you cannot do without a notarized power of attorney;
• A document certifying the fact of payment of the state duty;
• A project that contains detailed characteristics, a description of the purchased premises (non-residential or residential type);
• Pledge agreement - such a document is presented if the purchase of an object is carried out using credit funds under a mortgage loan;
• If the shareholder is officially married, the consent of the spouse certified by a notary is required. In certain situations, a prenuptial agreement may also be necessary.

Clause 2.1 of Article No. 25.1 of Federal Law No. 122-FZ establishes registration deadlines, which include:

Developer accounting.

State duty, payment for services when registering a child-only subsidiary, a prerequisite for completing the transaction. After the transaction is concluded, the registration stage follows with the Rosreestr authorities at the location of the constructed high-rise building.

Three important aspects

Individual apartments were accepted for accounting at book value (based on the share of the apartment's area in the total living area of ​​the house) 6 43 08 Account 08 is closed - if there are savings from the developer 7 08 91 After receiving permission to put the house into operation Apartments are written off due to the registration of rights by shareholders property 8 86 43 Current costs were recognized (not included in the consolidated estimate) 9 26 02, 10, 70, 69, Current costs were written off in the absence of revenue 10 91 26 Revenue from the provision of services was recognized (to each shareholder separately) 11 62 90 Costs of maintenance of the developer 12 90 20, 26 Closing accounts 90 and 91 to identify the financial result - if in both cases there is profit 13 90.91 99 Profit tax has been accrued 14 99 68 Account 86 is advisable to use if the DDU provides for installment payments or deferred payments. As soon as

The amount of state duty for registration of a share participation agreement. We are purchasing an apartment from a legal entity developer, there are two buyers.

Hello dear Yulia!

You need to know that the main document that seals the relationship between the developer and the investor is the DDU agreement. But the presence of the signatures of the parties and the seal of the construction company in the document does not mean that the contract has been concluded. Federal Law 214 establishes that an agreement acquires its legal force after it is registered in Rosreestr, where the DDU undergoes a comprehensive analysis of legality, authenticity and legality.

After the verification is completed successfully, the registering authority places a registration stamp on the document, which indicates the commencement of the contract.

The registration procedure is not free; for all registration actions the state charges a certain fee, the amount of which is established in Article 333.33 of the Tax Code of the Russian Federation.

According to the law, the fee for registering an equity participation agreement in 2020 for citizens is 350 rubles. The developer, as a legal entity, pays 6 thousand for the same actions.

As a general rule, if an agreement concluded between a citizen and a legal entity is registered, then the amount of the duty for each category of payers is divided by the number of participants in the transaction.

In this case, the shareholder will have to pay 175 rubles, and the developer – 3,000 rubles. If there are two participants on the part of the shareholder, then three persons participate in the transaction, accordingly, the duty is divided into three.

Citizens pay 116.6 rubles, and developers – 2,000 rubles. Participation in a project for an investor is not limited to just concluding an agreement. During the period of shared-equity construction, many shareholders also perform other legally significant actions. For example, they transfer their rights under the DDU to other participants by signing an assignment agreement and concluding.

All contracts and additional agreements concluded on the basis of the DDU, as well as the main contract, are subject to registration and, accordingly, payment.

Often, due to various violations committed by a construction company, an investor decides to terminate relations with the developer and terminate the LDU unilaterally or through the court.

Information about the terminated contract is entered into the register, so a fee is also charged for this operation. When transferring the rights to housing under the DDU to another person, an agreement on the assignment of the right of claim is signed between the shareholder and the new participant, and if there are payment debts, an agreement is also concluded on the transfer of the debt to the buyer. The cost of registering the assignment agreement, as well as all additional agreements that are signed between the investor and the developer within the framework of this project, is 350 rubles.

The same payment is provided for termination of the DDU. The fee also includes entering information about the change of participants in the agreement, termination of the DDU and other data in the real estate register. I wish you good luck and success. Best regards, A.A.

Bogolyubov.

Payment of the fee for registration of an equity participation agreement

According to the law, it is believed that without the state registration procedure, the DDU has no legal force. This means that its terms and conditions will be considered invalid.

The amount of state duty is regulated by tax legislation, in particular Article No. 333. 33 of the Russian Tax Code (the amount of payment is determined).

At the same time, for legal entities and individuals, the amount to be paid differs slightly.

Payment of state duty in construction

Both the developer and the shareholder are obliged to pay the fee. The receipt, which is available in Rosreestr, is required for accounting, as well as for entering information into the general register.

Duty for legal entities (organizations)

The amount of the state fee for registration is determined in paragraphs. No. 30 of the first paragraph of Article No. 333. 33 of the Russian Tax Code.

For construction organizations or for developers (official agent) this payment is 6 thousand rubles.

Duty for individuals

For a similar procedure, individuals are required to pay 350 rubles.

If certain amendments need to be made to the equity participation agreement or other operations need to be carried out that require the corresponding entry to be made in the general register of rights to the property, the fee will have to be paid again.

In such a situation, its value will be equal for both enterprises and individuals - in 2019 it is 350 rubles.

Payment of state duty for registration of preschool education in 2020

It is worth noting that data on payments made is not always received instantly.

In this case, the shareholder will have to pay 175 rubles, and the developer – 3,000 rubles.

Sometimes it takes a certain amount of time to complete a financial transaction - from several hours to a day or more. For an individual, an amount of 350 rubles is provided. This is quite a bit, so there is no need to worry too much. In the first case, the payment is made by one person.

When there are two or more participants in a share, this payment is reduced according to the number of shareholders. For a legal entity, the state duty for registering a child-care center is 6 thousand rubles. You need to understand that this money is divided among all participants in the process.

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The difference between payments made by an individual and a legal entity is very significant. That is why sometimes it is beneficial to act only on your own behalf.

An individual has fewer obligations and is less accountable to the law.

It would seem that paying the state fee is a standard procedure, but not everything is so simple.

What details do you need to know?

In order to obtain payment details, it is recommended to contact an employee of Rosreestral or read the information at a special information stand. It is permissible to take a ready-made version of the receipt form, which contains all the information to make the payment.

The plaintiff must enter information about himself, affix his signature, and the amount of payment.

Where possible, it is allowed to generate an online receipt.

To do this, you need to visit the official website of the company, choosing your region, in which the agreement will in fact be registered. While the system will generate other details automatically.

To generate a payment receipt yourself, you need to have the following information:

— The specific, full name of the recipient, for example, the Department of Financial Institutions of the Moscow Region;

- Budget classification code;

— Account number – at this stage you need to be as careful as possible, since the number consists of twenty numbers;

— The name of the banking institution in which the recipient has an account, as well as the BIC of this organization;

— Checkpoint, TIN of the recipient.

A package of documentation for registration can be submitted through the MFC or by personally visiting a branch of the authority.

In addition, each payer is required to note the following information about himself:

— Full name (in full); as for legal entities, it is necessary to describe its full name, in accordance with the constituent documentation, indicating the form of ownership of the company;

— SNILS number, address of temporary or permanent registration of the company;

— The purpose of payment, if the payment is made by a company, is indicated not just in words, but also through a special code;

— Date of payment, full payment amount;

— Personal signature — if the payment is made by a construction company, the payment order is certified by a person who has the right to do this, while the order is certified using the company’s seal.

How to terminate an equity participation agreement, see the article: Termination of an equity participation agreement.

Payment of the duty is made in banking structures, through Internet banking services or payment terminals.

Video: 214 Federal Law “On Shared Construction”. In simple words, the essence and changes of 2020

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Peculiarities

Law No. 214 FZ talks about shared construction of various real estate objects. But most often we have to deal with the construction of residential apartment buildings in this order. The construction of objects is carried out with the involvement of other persons.

Developers attract funds from shareholders to carry out work. The work itself is usually entrusted to other contractor organizations. There are certain risks for shareholders when concluding shared construction contracts. But the legislator also provides ways to protect them from violations by developers. Consumer protection provisions apply to these relationships.

Developers today are required to insure their liability to shareholders. And the agreement itself must be registered. Otherwise, it will not be considered valid and will not give rise to any consequences for its participants.

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There is no point in transferring money to developers before registration. There is no uniform form for such agreements, so shareholders should be careful when concluding them. To avoid problems in the future, it is recommended that you obtain legal advice before signing documents.

List of documents to Rosreestr for registration of a child-care facility: power of attorney, agreement and state duty

Registration of an equity participation agreement is a labor-intensive and scrupulous process. Each document is critical and must meet legal requirements. We'll tell you what package you need to create before signing up for a deal with Rosreestr.

The applicants for registration of the DDU are both parties to the transaction – the shareholder and the developer. Each of them provides its own package of documents . Moreover, it matters whether the control agreement is registered for the first time for a given construction project or not.

If your contract is registered first, be prepared for an expanded list of documents.

Why such injustice? You just have to convey information about the new apartment building. Collecting a full package of documents will take more time, and government agencies will take longer to check.

The more documents, the more errors and omissions can be detected during verification. Be prepared for suspension: Rosreestr will clarify the data .

The second and subsequent shareholders go through the procedure for registering a DDU much easier and faster. Officials check the DDU received from them for compliance with previously registered information about the construction project.

In order to register the first DDU for a new construction project, the developer submits the following documents to Rosreestr :

• a document confirming the ownership or lease of the land plot provided for construction;
• project declaration;
• building permit;
• a plan of the real estate object being created, indicating its location and the number of residential and non-residential premises included and the planned area of ​​each of these premises;
• a developer's civil liability insurance agreement or a surety agreement, as well as a document confirming payment under such agreements;
• lists of citizens entitled to purchase economy class housing.

All this information will be stored in the registration file in Rosreestr.

List of documents for the equity holder: pitfalls

The following must be submitted in original and copies :

1. passport;
2. DDU with all additional agreements in 2 copies;
3. a document describing the construction project, a plan of the construction site indicating the area, drawn up by the developer and agreed upon by the equity holder;
4. a statement signed by both parties to the DDU;
5. application for registration of a pledge of the right of claim under the DDU, if the shareholder took out a loan or mortgage;
6. credit agreement or loan agreement;
7. mortgage with information about the pledge of the object and attachments to it;
8. document confirming payment of state duty;
9. notarial consent of the spouse, if the shareholder is married;
10. birth certificates of children or their passports, if minor children will have a share.

If a representative applies to Rosreestr, add a notarized power of attorney to the listed documents. In the power of attorney, indicate:

• information about the shareholder, representative,
• their passport details and place of registration,
• transferred rights to collect and provide documents for registration of a share participation agreement,
• as well as all the initial data of such an agreement.

Often, developers offer the services of their lawyers or trusted realtors as representatives. In this case, they submit several DDU packages for registration at once.

Notarization and services for collecting a package of documents are paid, which increases the cost by 2000 rubles. However, here you need to focus on your priorities: either you spend your personal time going to Rosreestr or the MFC and preliminary preparation, or you entrust this matter to someone else.

The electronic registration method is only for those who have an electronic digital signature. Rosreestr will accept documents if all the words are visible on the scan and the application is certified with an electronic signature.

In exchange for the submitted documents, the registrar gives a receipt with the date of the response and a list of documents, as well as the details of the employee who accepted the documents, and the telephone number by which you can find out about the results of consideration of applications and the timing and completion of checks.

Price

350 rubles for individuals and 6,000 rubles for a legal entity . If there are several shareholders, the state duty is paid in equal shares.

Current details for paying state fees are available in the regional offices of Rosreestr and the MFC. You can pay through the State Services portal , at any branch of Sberbank, or through the cash desk of Rosreestr or the MFC.

The package of documents is accompanied by the original and a copy of the document confirming payment of the state duty.

Deadlines

State registration of a preschool building with the first participant in the shared construction of an apartment building takes place within 10 working days from the date of receipt of the application and the full package of documents.

And registration of the second and subsequent DDU of the same apartment building takes 5 working days.

At the end of the procedure, you will receive a registered copy of the DDU with a special registration inscription and an extract from the Unified State Register.

1. To register a DDU, documents are provided by both parties: the shareholder and the developer.
2. If the DDU is registered first in a new building, the developer submits an extended package of documents.
3. You can submit documents for registration in person or through a representative. The representative of the shareholder may be an employee of the developer.
4. You can submit an application for registration to Rosreestr or MFC, or apply electronically on the Rosreestr website.
5. The period for registering a preschool educational institution is from 5 to 10 working days.
6. The procedure will end when you receive the original DDU and an extract from the Unified State Register.

Source: https://kapremont.expert/kvartira/dolevka/ddu/registratsiya/gosposhlina-i-dokumenty.html

The amount of the state fee for registering ownership of an apartment ddu mortgage

1. notarized consent of the spouse to conclude a share participation agreement by the other.
2. a mortgage on an apartment or a loan agreement (if housing is purchased on credit);
3. power of attorney to represent the interests of the shareholder, certified by a notary;
4. birth certificate, if housing is registered for a minor child;

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At the same time, the main motivation is the convenience of mass execution of agreements concluded with the remaining shareholders. Regardless of the method used by the applicant (for example, electronic or real registration of the DDU), shareholders are protected by the following laws: The main legal act on equity participation is No. 214-FZ of December 30, 2004, operating after the latest edition. The key legislative provision on the registration procedure is No. 218-FZ of July 13, 2015.