How to give an apartment?
Recently, cases of donation of apartments have noticeably increased, due to the fact that the gift and inheritance tax was abolished. Now it became much easier to donate an apartment than, for example, to sell, transfer under a lease agreement or bequeath. There are many questions about how to give an apartment to avoid unnecessary difficulties and problems.
One of the reasons why people prefer to give apartments is the fact that real estate will be reliably protected from unfriendly encroachments on property by relatives. Very often apartments are given for weddings, for example, parents have decided to make such a gift to their daughter or son. A significant plus is that in the event of a divorce, the apartment in any case will remain with the person to whom it was presented, and will not be subject to division.
Donate an apartment: key points
- It is best to give apartments to close relatives, only in this case the operation will not be taxed. Otherwise, the donee will be obliged to pay an amount equal to 13% of the value of the gift.
- You can not give expensive gifts to civil servants, employees of educational, medical, social institutions. If you still decide to give a person with a similar position to an apartment, you will have to prove that this is not a bribe, but an unselfish gift.
- If you decide to donate real estate, the contract will need to be registered with the state bodies of the Federal Registration Service, only from this moment the contract will be considered officially concluded.
- Before you donate an apartment to a child or another relative, you will need a package of documents: a certificate confirming the ownership of the apartment, the donor’s passport and the donated person, a certificate determining the estimated cost of housing.
- In addition, you need the consent of all owners, notarized, an extract from the cadastral chamber, a statement from the donated, a notarized document of donation, a receipt confirming payment of the state duty for registration of the donation contract.
As you can see, you will have to visit several government agencies in order to collect the entire set of necessary documents.The donation process consists of two simultaneous operations: the donation contract is registered and the ownership of the property of the donee is registered.
How to give a share in the apartment
- Even more common cases when only a certain share of property is subject to donation. How to make a gift in this case? In general, you will need a package of documents similar to the one that is needed when donating the entire apartment.
- The object of giving can be one room, say, a room of 20 square meters, or a part of an apartment that is not limited to certain rooms, say, 1/3 of an apartment. All these nuances must be specified in the contract of donation.
- The deed of gift of a share in an apartment must contain information about the persons registered in it and about who has the right to reside in the apartment after that when its share goes to the donated person. In addition, if the donor has a spouse, their written consent to the donation procedure is required.
- As with the donation of the entire apartment, when donating a share, the donated person is exempted from paying the tax only if he is a close relative of the donor.
In order for the donation procedure to be organized correctly and correctly, it is best to contact the experts in this field. Of course, their work requires a monetary reward, but the benefits of their activities are high. Such people will help to verify the correctness of filling out documents, their validity and validity. Be prepared for the fact that the registration of the contract of donation with the Federal Registration Service will last at least one month. Using the services of notarial servants, you personally do not have to think about how to give an apartment to your son, daughter or other close relatives. All documents will be prepared for you.