According to existing legislation, before making a transaction regarding the sale of real estate, you must first draw up a document such as registration of ownership. The Russian Federation is one of those countries where any procedure regarding the transfer of property from one hand to another is impossible without official confirmation of ownership of an object.
What is state duty and why pay it
One of the procedures that accompanies the execution of this document is the payment of state duty. How much will it cost during the property registration procedure, as well as where exactly it can be paid, let's look in more detail.
What is a state duty? This is the amount that is established in accordance with the regulations of the tax code, depending on the procedure being performed. The size of the state duty for registration of ownership depends on the form of ownership of the object, as well as on what it represents. If we are talking about a country house, then we will talk about one amount, but if about an apartment, then another.
The fee for registration of ownership is paid only by the buyer of the property, and when the transaction is completed, funds are paid by both parties.
State duty payment procedure
According to the legislation, both individuals and legal entities can pay state fees. An individual or representative of an organization is required to appear at the bank with a receipt independently or through his legal representative on the basis of a power of attorney. The latter may be relevant for legally incompetent and minor citizens.
If we are talking about several payers at the same time, the size of the state duty for registration of ownership will be reduced by dividing the amount into equal shares, provided that none of them has a right to a benefit. If there is such a person among them, then the cost will be reduced and divided between the remaining participants in the concession. If an individual has the right to a discount or is exempted from paying a fee, then he is obliged to provide the relevant document to the competent authorities.
How is the ownership right formalized?
The procedure for registration of ownership includes such items as:
- declaration of property in accordance with sales contracts;
- registration of ownership rights that transfer from one person to another;
- obtaining a certificate of real estate;
- preparation of a package of all documents;
- payment of state duty.
Please note that after you paid it, you must save the receipt. The latter may be required by the competent authorities as confirmation that the money was transferred, if they had not yet reached the addressee.
To make a deposit, you can use the services of any commercial or state bank or do it through a terminal or Internet banking, indicating all the necessary details.
State duty: registration of ownership
To receive a receipt for a fee, you must first submit the necessary package of documents for registration to the competent authority. In some cases, you will have to pay a double amount, since it is not calculated for the contract, but for the rights and their transfer.
According to the Tax Code, the owner of the property has the right to complete disposal of the property, however, all possible actions should not go beyond the legal framework of Russia.
First, the considered object is registered and the state duty for registration of the right is paid, then an agreement on the purchase or sale is concluded and is subject to register with state authorities. After that, the transaction is considered legal.
How to determine the cost of duty
As mentioned earlier, the size of the state duty for registration of property rights differs depending on the form of ownership and the object itself. The cost in each case is determined by the tax authority. The amount is transferred before filing an application for a transaction with property.
However, even if you are familiarized with the size of the rates for the fee, this does not mean that you will have to pay this or that amount. In some cases, controversial moments may occur, and a lot of additional measures may arise when registering inherited real estate. In addition, not everyone knows that if the property was not entered into the register for one reason or another, the fee can be returned to its owner.
Features of registration of apartments and land
The size of the state duty for registration of ownership of an apartment is 2 thousand rubles for individuals and 22 thousand for legal entities. Moreover, for the latter, the specified amount includes the cost of rent according to the contract. If there are several owners, then the indicated price is divided evenly between them.
But the cost when registering ownership of a piece of land depends on the purpose for which it is planned to be used. So, if within its limits the construction of residential premises, garages and utility buildings for housekeeping will be carried out, the fee for registration of property rights will be from 350 to 1000 rubles for individuals and 15 thousand rubles for legal entities, respectively.
If the land will be used for agricultural purposes, then you will have to pay 100 rubles, regardless of who the payer is. However, all the above figures are only approximate, the final cost of the fee depends on what will be indicated in the extract from the real estate cadastre and other factors.
State duty on non-residential premises and garages
When it comes to non-residential real estate, the size of the state duty for registering property rights is 2 thousand for individuals and 22 thousand for organizations that most often acquire such objects to conduct their business and open offices or points of sale.
If the premises are in shared ownership, which was not a consequence of the registration of the right of ownership, then the payment is divided into equal parts between all shareholders, regardless of the fact that some of them have most of the property in question and some less.
When there is a need to register ownership of the garage, the process is accompanied by the filing of a package of documents such as:
- a statement drawn up by the competent authorities with a signature on it;
- a civil passport or its copy with a trust document when a third party acts on behalf of a person;
- Help with a description of the object;
- receipt confirming the fact of payment of the fee in the amount of 500 rubles.
Registration of a house and a car
Registration of ownership of a house in a transaction is accompanied by an agreement on the sale, exchange or gift (in whole or in part). The cost of state duty in this procedure is 22 thousand rubles for organizations, and 2 thousand rubles for ordinary citizens. However, if the house must be registered immediately for two owners, then the amount is divided into two. In cases when legal entities and individuals simultaneously become parties to the transaction, payment is levied on everyone.
When a person draws up ownership of a car or other vehicle, he is obliged to pay a fee of 2 thousand rubles, and when issuing a state sign - 500 rubles. In addition, a fee may be levied for changes in the TCP, so its size as a result of the sale of the car and changing the license plate is about 3 thousand rubles.
Benefits and conditions for the return of state duty
The legislation provides for such preferential categories that can be exempted from the need to pay state fees for the sale of real estate:
- minor owners;
- heirs who have certain mental disorders in the presence of appropriate information;
- the cohabitant of the owner of the house until his death, continuing to live in it further;
- a relative of the owner of the property who died in the line of duty.
In addition, there are a number of conditions that allow you to return the amount spent on the payment of state duty:
- when submitting an application and wanting to suspend the registration procedure, half of the cost is returned;
- upon overpayment.
To return the money, you must submit a special application and a payment document, according to which the fee was paid, to the appropriate tax authority. You should also indicate the bank account and bank details where the funds should go.
Legislative changes in 2015
If you have made certain transactions before this year and do not know about the changes, then take into account that when registering property rights, payment of state duty was doubled for private individuals and slightly less than doubled for legal entities.
In addition, it has become more expensive to arrange the plot according to country amnesty, make changes to the Unified State Register and the new certificate. The procedure for registering an agreement on shared housing construction has also risen in price to 250 rubles for ordinary people and up to 6 thousand for organizations.
In addition to the cost, the terms of registration procedures in the Rosreestr also changed: they were reduced to ten days. And when submitting documents certified by a notary, this period can be up to five business days.
