Property can be obtained not only by will. According to the Housing Code, all citizens of the Russian Federation have the right to become the owner of donated real estate. Thus, the execution of this transaction is elevated to the rank of operations with movable and immovable property. The deed of gift in the legal field does not resemble buying and selling or receiving an object by will.
In order for the document on transfer of ownership of the property to be valid and the new owner to take ownership, a number of laws must be observed. If you do not adhere to the procedure for processing documents, the gifted person will not be able to become a full owner of the property.
In this article, we will consider what documents are needed to obtain a gift certificate for an apartment, and what this procedure is like.
What does a gift certificate look like for an apartment
This document is a written agreement or an agreement that one party, namely the owner, donates, on free terms, the right to own movable and immovable property to the other party. All legal relations that are connected with this procedure are controlled by the Civil Code of the Russian Federation (chapter 32).
Unlike a will, the recipient of the donated property can dispose of it for their own purposes immediately after receiving the certificate.
Presenting an object without an inheritance does not imply any trade relations. That is, such transactions have nothing to do with the sale of real estate. The deed of gift for an apartment has a certain order of registration, which differs somewhat from the similar acceptance of a land plot or car.
Order of registration
The donor has the right to be the owner or shared owner of the property. Only a citizen with the right to own property can request a document. Registration of a certificate of transfer of ownership after the death of the owner is impossible, in this case it is necessary to enter into an inheritance.
Before you make a gift, you need to prepare a full package of documents. It is very important to follow the procedure for filing an application in accordance with the law. A list of all necessary certificates and documents must be provided at the place of registration of housing in the Registration, Cadastral Chamber or the Multifunctional Center (MFC).
There are 2 types of donation:
- at the notary public;
- self-registration.
These two types are fundamentally different from each other in the design procedure and its cost.
How to make a gift of your own
In order to independently issue a gift, it is first necessary to contact the Registration Chamber for advice on specifying the list of necessary documents. To begin with, the parties must draw up a contract that contains the passport data of the donor and donor, information on shared ownership, as well as information on the subject of donation (apartment address, area, location floor, etc.). Further, this contract must be registered with a state body.
What documents are needed for registration of a gift certificate for an apartment in the Registration Chamber:
- Passports of both parties.
- Three signed copies of the contract (1 remains in the archives of the Registration Chamber). If there are more than two parties, then each one draws up its own contract, plus one, which is taken into the archive.
- Documents confirming the ownership of this apartment (contract of sale, exchange, purchase of a share, etc.d.).
- If the apartment is one of the jointly acquired property in the marriage, a written agreement of the spouses is required.
- Documents for execution of a deed of gift for a share in the apartment by proxy. The responsible party presents the power of attorney and passport of the owner of the apartment.
The list of required documents may be amended or supplemented depending on the circumstances. When filling out papers, you need to be extremely careful, because even one spelling mistake can be a reason for refusing to apply.
After submitting all the required documents, the civil service officer draws up an application for the issuance of a gift certificate, which is signed by both parties. The registration deadline is 7 days, after which the certificate is issued to applicants.
Registration by a notary
It is considered a more reasonable decision to contact a notary public, since when challenging a gift in court, he can act as a witness and confirm that the transaction was carried out voluntarily.
AT lawyer's duties preparation of the contract is included. What documents are needed for registration of a gift certificate from a notary? This list may be modified or supplemented individually. For registration you will need:
- passport of the donor and the donor;
- documents confirming the ownership of the apartment that is given;
- extract from BTI and USRP for housing;
- extract from house book the number of people registered in the apartment.
After the procedure of signing the contract and payment of state fees, the notary issues receipts, which indicate the list of documents submitted and the date of issue of the certificate of donation. Also, the duties of a lawyer include the design and registration of a direct gift transaction. On the agreed date, the client has the right to receive a certificate at the Registration Chamber in person, having a passport and a receipt.
Registration of gifts for minors
There are no special instructions about what documents are needed to issue a gift for a daughter, son or other next of kin. If the person who is supposed to live in is underage or under guardianship, then permission of the guardianship authorities or relatives is required for real estate registration.
If the apartment is presented to a child under 14 years old, then the parents are involved in all the documentation. If the person presented is over fourteen, then he has the right to sign documents himself.
If one of the spouses gives possession to his child, then the permission of the other parent is not necessary.
In what cases is donation impossible and when can it be challenged in court
According to the law, donation is not possible in such cases:
- the donor has not reached the age of 14;
- is an employee of state and social services;
- works in a government agency or central bank;
- if the donor is a commercial organization.
In court, such gifts may be challenged:
- designed under pressure;
- compiled after the death of the donor;
- signed by the donor, which is recognized as insane;
- drawn up by a donor who does not have ownership rights.
Donation costs
Payment of all necessary fees, as a rule, rests with the owner of the property. However, in any case, the parties may conclude an oral agreement on the distribution of this amount in half or in other proportions.
According to the law, donated property is equal to the income received, so new owners are required to pay the corresponding tax.
Registration costs are divided into 2 types:
When self-issued:
- at the time of filing an application with the Registration Chamber, 1000 rubles of duty are paid;
- within a year after registration, the donor is required to pay a tax of 13% of income (apartment value).
At registration with a notary public:
- the fee to the registration authority is 1,400 rubles;
- payment for the work of a notary (negotiated individually);
- state duty is from 0.3 to 1%.
- income tax is paid in the same way as the previous option.
It is important to know that non-residents of the country do not pay 13, but 30% of the tax.
Who is exempt from tax
Only close relatives of the donor (children, parents) should not pay the tax. Distant kinship ties, including cousins, uncles, nephews, etc., are not exempt from taxes. You should not confuse such concepts as obtaining property according to a will and a gift. In the first case, the immediate successors after the death of the donor have the right to assert their property rights.
