Each person has relatives who have certain property, starting from any books and ending with housing. Moreover, relatives often give gifts to each other, but sometimes situations happen that they simply do not have time to do this, since we are all mortal. It is in such situations that the only option to obtain such property is to enter into inheritance rights, but this is far from being as simple a procedure as many people think, and in particular many do not know that you need to pay inheritance tax on the apartment. Accordingly, often people ask themselves what kind of tax it is, whether it is mandatory and how much it amounts to.
1991 laws
It is worth noting the fact that until 2006, legislation was adopted in this area, adopted back in 1991, which stated that the estate inheritance tax is included in the group of federal taxes and fees. At that time, it was customary to use inheritance property tax benefits only for a certain circle of people.
In accordance with the legislation, the inheritance tax of an apartment could not be paid by people who receive the inheritance from the spouse, as well as in the case when a tax is drawn on residential buildings or apartments, if the person originally lived in this room with the testator on the day of his death .
In addition, we should not forget that residential buildings that were transferred to persons with disabilities of groups I or II as an inheritance were also not taxed. All other people had to pay the inheritance tax of the apartment without fail.
Features of the law
A variety of apartments, summer residences, apartment houses, garden houses, as well as all kinds of accumulation were the objects of taxation. At the same time, despite the fact that the inheritance tax in this case was determined solely by the relevant tax authorities, using information on the inventory cost of the premises rather than their market value as a basis, this amount was still very, very significant for many people. At the same time, there were still a lot of legal nuances, which not everyone knew about.
The most important thing in this case is that in case of non-payment of this tax by the registration chamber (which currently represents the Federal Registration Service) registration was not carried out for the heir that he had inherited the apartment. The tax was not paid, so the tax certificate was not issued.
Thus, it turned out to be a vicious circle, since it was possible to get an apartment only after paying the tax, but at the same time before that it was not in your property and there was simply nothing to pay the amount from.
Tax cancellation
After the legislation related to inheritance was updated in 2006, they decided to completely abolish the tax if a person inherits an apartment (the tax on sale remains the same). In this case, the tax is not paid if inheritance is carried out by law or by will, regardless of the degree to which the heir is related.
If you are a close relative of the deceased person (he was your spouse, grandmother, grandfather, grandson, etc.n.), as a result of which you receive the right to inherit his property, then in this case you should not think about what kind of estate inheritance tax.
Otherwise, it will be necessary to pay the state 13% of the tax established by applicable law. Thus, regardless of what the relatives give each other, they will not need to pay any tax, provided that the kinship is maintained at the time of transfer of property to the ownership of a particular individual.
What do you need to enter the inheritance?
In accordance with the current Civil Code, the acceptance of an inheritance is carried out in several ways.
The first option provides for the submission to a notary in accordance with place of opening of an inheritance statements that the person accepts the inheritance or by performing certain actions.
The second option is possible only during the trial of the statement of claim, if you were unable to get to the notary public within six months after the death of the testator.
Is inheritance free?
Of course, many people ask themselves: “When is an inheritance apartment made, is it necessary to pay tax?” As mentioned above, under the current legislation, it was decided to completely abolish the tax, which provided the heirs with certain advantages, as a result of which the law itself was met with incredible approval as civilized and progressive, as he freed tens of millions of citizens from the substantial payments throughout the country.
However, this does not mean that the inheritance will be absolutely free. In fact, in this case there are also certain costs that need to be taken into account.
What are the costs?
Since we figured out whether the inherited apartment is taxed, we will further consider the possible costs of its inheritance.
- First of all, the state fee is paid to the UFRS for registration of ownership. This fee is fixed at 500 rubles.
- A fee should also be paid to a notary public, which is provided for issuing a certificate of inheritance, and it should be noted that the amount of this fee will directly depend on the degree of kinship of the heir. Thus, if spouses, children, or parents enter into the inheritance, then in this case the size of this duty will be no more than 0.3% of the total value of the property, while all others will need to pay 0.6%.
- Do not forget that after you accept the inheritance, all the debts of the deceased are also transferred to you, as a result of which you will have to answer creditors. Moreover, any debts can be covered solely at the expense of inheritance property, and only what remains will be transferred to your property.
What to consider?
First of all, it is worth noting the fact that, regardless of the amount of the inheritance, the state duty cannot be more than 100 thousand rubles for immediate relatives, and also no more than a million rubles for distant relatives.
Assessment of housing today is carried out not only by the relevant authorities responsible for the registration of real estate, but also by all kinds of companies that have the appropriate license to conduct real estate assessment. Of course, for the notary, the most profitable is the use of a market assessment of housing, since the notary tariff will directly depend on it, so it is up to you to decide which certificate to provide the best.
In any case, even if you provide the notary with several ratings, he will have to use the smallest of them, which is prescribed in the current legislation.
Who gets rid of notary fees?
It is also worth noting the fact that the benefits of paying all kinds of notary fees are established by the current Tax Code, in accordance with which they are completely exempted:
- Persons entering into an inheritance for this dwelling or for its separate part, where they lived at the time of the death of the testator, if they live there at the moment. In this case, an appropriate extract from the house book is provided, as well as a specialized certificate from the EIRC, testifying to the fact of cohabitation.
- Heirs who were under the age of 18 at the time of opening the inheritance, as well as various persons with mental disorders and under guardianship in accordance with applicable law.
- The heirs of employees who have insurance at the expense of the company in the event of death and who died as a result of an accident during their work.
Sales tax
Many people, if they are interested in the sale of an inherited apartment, will still be affected by taxes. In this case, you will need to pay the corresponding 13% of the cost of housing for which you sell it to another person.
It should be noted that this rule only applies if tax is imposed on the sale of an apartment received in inheritance within three years after the death of the testator.
How is property valued?
To determine the amount required to be paid in accordance with the state duty, the heir must understand his own share. That is why, in order to establish the exact price of the property, the heir must have a completely independent opinion of an expert or a person authorized by such procedures, as well as assess the market, cadastral, inventory or any other value of the property.
It is worth noting that quite often people use the BTI services in the process of evaluating any real estate with the exception of land, and subsequently such verification is given to the person the exact market value of the house or apartment.
Who can conduct the assessment?
In accordance with applicable law, the price of real estate (except for land) is determined by independent appraisers, that is, legal entities that have every right to conclude an agreement to carry out such a procedure, as well as all kinds of organizations that carry out detailed accounting of real estate at its location. In order to assess the land, citizens can also use the services of appraisers or legal entities that have a license to conduct an agreement on the valuation of property, or still contact the state cadastral registration authorities.
In order to evaluate any other valuable property in the event of further transfer by inheritance, the heir will have to use the same independent appraisers who have the appropriate licenses, or use forensic services. It is worth noting the fact that not only legal entities but also individuals can engage in valuation activities if they are members of a self-regulatory organization of appraisers and also have liability insurance.