You will need
- receipt about payment of state duty for state registration of the contract of donation;
- - if you need notarization, then a notary;
- - documents about the identity of the identity of the parties to the contract of donation;
- - the donation contract;
- - cadastral plan of the apartment, which you can get at the BTI;
- - the documents confirming the right of ownership of the Donor;
- - the consent of all interested people;
- help inventory assessment (issued in BTI).
Not difficult to guess, the term "Gift" comes from the word "give" or "gift". The so-called process of donation or gratuitous transfer of possession of any property or estate. In this case, between the Donor and the Donee make a donation contract, which then must officially register.
Donation is considered the most simple ways to pass to close relatives (prospective heirs) a flat, house, car. Of course you can place it on any desired face. But in the case when as a receiver are distant relatives or even strangers, don't forget that they will have to pay a gift tax at the rate of 13% of the value of the donation.In this case, registration of the deed of gift to son is perfect the transfer of the rights of ownership to continue, he did not have when joining the inheritance to pay state tax.
Make a donation - not a very complicated process, but it would be better to seek the advice of a notary. It will help you to correctly and most accurately draw up a contract of donation and also to avoid possible problems. Under the problems refers to the other contenders to the object of the gift, claim that you can almost completely eliminate with proper design of the contract, as well as directly referring to the list of persons the claims of which the giver rejects and considers null and void.
The donor must provide the following documents for the state registration of the deed of gift: certificate of state registration of the rights to be giving the object IDs of all participants of process, the donation contract, cadastral plan, the written consent of the relatives or other persons, the documents of title to the property, the inventory value of gift certificate from utilities on the number registered in the placement of persons, the payment receipt of state duty (1,000 rubles).
Full package of documents should be submitted to the Federal registration service (FRS). The term of consideration of documents short-lived, as a rule, the process takes no longer than one week.
In the case of registration of the deed to share the apartment or house, which are the joint property of several parties, and as the son Bestows, the consent of the other co-owners to make a donation is required (for example, mothers do not have to get permission from the father to transfer his share in the joint property to their son).
Advice 2: How to make the deed to child
Very often the parents though to make a contract of gift on the child. We need this in order to protect the baby, just in case of fire. However, how to do not all know.
You will need
- the contract of donation;
- birth certificate of the child;
- passport of his legal representatives;
- certificate of ownership
The only caveat when you make a donation to the child is that to the age of majority, all decisions on the gift will be accepted by the legal representatives of the child, i.e. his parents. A contract of gift for the child exactly the same as everyone else. As a rule, small children are given an apartment or a share of ownership in the property. to issue the deed to the apartment in writing. Here only it is necessary to assure at the notary (at the same time you can Refine the details of the transaction, such as to avoid the appearance of other heirs).
After the execution of a document it must be registered in Federal registration service. To apply for this you need the following documents: duly executed deed, the document confirming the right to property of the donor, the birth certificate of the childand the passport of his legal representatives. After the Management of your deed register, the ownership of the residential property passes to a minor child.
If you give your child, grandson or granddaughter share the apartment or home that is part of the joint property of several owners (assuming that they are your relatives), the consent to conclude the contract of donation is not required.
Can a deed of gift does not make, but simply promise that the property will be donated. According to article 572 of the Civil code of Russia, the promise of donation is recognized as a contract of gift and binds the party who promised to bring the case with the transfer of the gift until the end. A promise is legally binding if it is in writing and registered by the state bodies of registration of rights to immovable property. If the donor dies before you draw up the deed, his heirs are obliged to finish it for him.
To issue the contract of donation at least for the newborn child (once he has received all the necessary documents), just better to discuss in advance with their legal representatives the terms of the transaction of donation.
Advice 3: How best to execute the deed to the apartment
In the case where the owner of the apartment or house transfers property on a gratuitous basis in the property to another person, it is necessary to issue the contract of donation or deed.
You will need
- - an agreement certified by a notary;
- - the documents confirming the right of ownership;
- - passports of both parties.
For registration of the deed two parties involved in this process must sign a deed of gift. You can do it in ordinary writing, and can assure the paper at the notary. This is best done by a specialist because it may suggest a way of making your donation over the best method to protect yourself from the appearance of the other candidates for the object of the gift. Also in case of loss of the document you will be able to restore it, after receiving a copy in the notary's office.
After you complete your deed, register the document in the office of the Federal registration service.
In addition to a dedication you will need to submit to the Department a receipt for payment of the state duty on registration of ownership of the object of the gift, the statement of the giver and the receiver of the statement on registration of property rights. Also you will need to provide passports of both parties, the cadastral passport of object of real estate darimi. If the property is jointly owned by spouses, we will need to provide the consent of a spouse of the donor, which must be notarized for the implementation of this process.
Grant also to the management of the document which confirms the ownership right of the grantor on the property, a certificate from the BTI, which must be specified by the inventory rating of the dwelling. Prepare information on the composition of registered persons in the room. If someone is living there, incapacitated or has not reached the age of majority must provide consent from a guardian.
In that case, if the donor and the donee are members of the same family or extended family, there is no need to pay gift tax. If both parties are not relatives or distant relatives, the tax on the object of the gift to be 13% of its value. In this case, it is best to execute a contract of sale.
Advice 4: How to make a car in the property
Buying a car is associated with the registration of a large number of documents and it does not matter what it is – your car: new or used. In any case, you as the buyer will have to understand some of the nuances that come with contract of sale of the car.
Legal support of purchase of the car
Who wants to buy a car first we need to understand the rules of registration of ownership of the car. Competent legal advice is the most important factor when purchasing a vehicle. If buying a car is in the showroom, many difficulties can be avoided, as the decoration of the accompanying documentation, will be engaged sales consultants showroom.
How to implement styling in the property?
There are two ways of registration of the vehicle in the property:
- the contract of sale is concluded in the presence of a notary;
- the contract of sale is between the seller and the buyer alone.
In the first case, two parties to a contract of sale in the presence of a third person, namely the notary. After the transaction, the first party enters into the rights of ownership of the car, the buyer is required only to renew the car on itself in the traffic police.
It should be noted that the cost of the notary is not fixed. It depends on the individual specialist and the place of registration of the contract of purchase of the car. The average price for notary services is 1000 rubles.
The transaction between the seller and the buyer can issue a third party that has a special permit. The firm-intermediary will prepare the contract of sale machine in triplicate. Two of the original given to the buyer and the seller, and the third copy remains in the traffic police.
It should also be noted that the late registration of the vehicle owner faces heavy fines. Within ten days after registration of the contract of purchase and sale the car needs to be put on the account in bodies of registration.
Documentation required for car registration in traffic police
The traffic police in the car statement on the account will require the following documents:
- a contract of sale or other document confirming the right of ownership of the vehicle;
- statement on car statement on the account;
- passport of the owner;
- passport of the vehicle;
- the receipt on state duty payment;
- insurance coverage.
In the implementation of registration, not the owner of the vehicle, and the Trustee, will require a power of attorney which clearly describes the rights of a representative.
License plates can be left from the old owner, if you want you can get a new one. When you receive a new registration number old signs will be taken by the traffic police, and the new owner will have to pay extra for all the stamp duty costs for new rooms (it is around 3000 rubles).
Ideally, the vehicle registration procedure in the property takes an hour and a half. All personal documents must be in good condition. After registration you should carefully check all documents for correctness of the data.
Advice 5: In whom it is possible to make the deed
Such civil transaction as a donation, is regulated by Chapter 32 of the Civil code of the Russian Federation. Deed of gift – a contract in which the giver transmits to the receiver the property in the property free of charge. Like every contract, deed of gift must be executed correctly, so that later it was impossible to challenge.
Features of the donation contract
The subject of this contract may be any belonging to the donor property, including real estate, not limited in turnover. As a donor may be any natural person. To make the deed has any legal or physical person, and even several individuals. However, in this case, in order to avoid subsequent disputes and litigation, the contract of donation it is advisable to specify the shares in which the receiver is passed to this property. This deal is two-way, because little of what the donor expresses the desire to give someone, this "someone" also needs to be the second party of the agreement and confirm their readiness to receive this gift.
The donation contract may be concluded in a simple written form and does not require notarization. But in the case when the gift is property – a house, apartment or land, the deed of gift should be registered in territorial body of Federal registration service on the location of the property. The transaction will be completed only after the state registration of the transfer of ownership and receipt of the donee of evidence of this. Prior to registration of the transfer transaction can be cancelled by one of the parties at any time. After the property became the property of the donee, cancel the gift contract is almost impossible.
For registration in the organs rosreestra will need to submit originals and copies of passports of the donor and the donee, three copies of the contract of donation, receipt of payment of state duty. If the gift is property, the documents need to enter title and identification documents on her.
The taxation of transactions donation
A gift can only be transferred with the property, but not the monetary amount. Therefore, from the moment of registration of the transaction at the receiver is obliged to pay to the budget the tax to incomes of physical persons-13% of the value of donated property. But since the family is the cell of society, accumulating wealth, according to article 217 of the RF Tax code, tax exemption for family members of the donor or his close relatives, acting as receiver are exempt. In the category of family members and close relatives under the Family code, include the spouse of the donor, his parents and children, including a ward or adopted. This category also includes grandparents, grandchildren, brothers and sisters, as full-blood and relatives of the father only or the mother.
Advice 6: How to make the deed to her husband
If you want to make her husband a gift in the form of real estate property or car, you need making a donation. This is a special type of transaction that is not contested, unlike the contract of sale or bequest. As a result, the property will be wholly owned by the donee. Make a donation contract in strict accordance with the law, to avoid future possible problems.
When you make a donation to her husband without the extra clearance of the relevant documents (marriage agreement) it turns out that the husband gives himself part of the property, and so belong to him, as in marriage all property is joint. These transactions do not meet the requirements of the legislation. And therefore for registration of the deed on her husband's stick to the current practice of donation between spouses.
In accordance with paragraph 1, 2 of article 34 of the Family code, any property acquired by the spouses during marriage is their joint property. Ie if a spouse wishes to make gifts for husband on jointly acquired property or assets, it is necessary to follow a few rules.
First, you can get a prenup and in it set the mode of the joint property, for example, separate or shared, in any property, or to specific types.(article 34 of the RF IC). This type of contract needs to be notarized. You will need to pay a fee for registration of the contract and the notary.
Second, you can set the mode of the personal property on the basis of the marriage contract. After that make a deal of gift to husband. You can conclude it in written or oral form. But the donation contract is subject to obligatory state registration. Taxes in these types of transactions are not paid, because the property was received from a close relative clause 18.1 of article 217 of the tax code.
If you wish, you can also divide the property under the agreement of paragraph 2 of article 38 of the RF IC. In it, you can specify the types of property that you want to share. For example, if you are going to issue the deed to the apartment in the agreement, write the partition to the parts of the property. At your request, this agreement may be notarized. Thus determined the share of each spouse, which will be registered at the fed. And then you can give your share to her husband, having her deed.
Advice 7: How to make the deed for money
Deed – grant deed of gift by which a person transfers or agrees to transfer subsequently movable and immovable property, securities or money. If the subject of the contract is money, the state registration of the transaction is not required. To enter the money you can and without the presence of a notary.
The law says that money is property value, as well as securities can be the subject of a contract of donation. Article 574 of the Civil code it follows that it may be concluded both orally and in writing. Oral presentation on the money is the real gift, which is accompanied by a transfer of funds in the hands of the donee. A party to the contract of donation can be any subject of civil law, including citizens and legal persons.
In the case when we are talking about the amount of money you have the right to verbally certify its decision to transfer them in the presence of the three persons and send them to bestow upon witnesses. Note that the agreement bestows a prerequisite. In addition, if the amount of money is large enough, you can attach to it the documents confirming their origin.
When, by mutual agreement with the person to whom you want to give money, you decide that it is necessary, conclude an agreement of donation in writing. A written gift agreement, you can notarize, but not required by law to do so to the persons involved in the transaction.
If you will draw up a written deed to money without a notary, make a contract in two copies and put on it two signatures of the donor and the donee. Confirmation of the transaction will be an act of acceptance-transfer of money, which will have two signatures.
The presence of a notary may be required when the amount is large enough or may be the subject of a property dispute. When the deal attracted by the notary, the documents are made in triplicate, and their signatures on the contract and the act you put down in the presence of a lawyer. The third signature on the documents as his witness.
Note that it is impossible to make the deed to the money if it provides for the transfer of this sum after the death of the donor (section 3 of article 572 of the civil code). In this case the gift will be issued in the form of the will.
Advice 8: How to make the deed to a share in the apartment
The donation involves the transfer of property of the donor the donee side for free. The contract of donation is necessary to issue all the rules and transaction of donation to register in the registration center for registration of real estate registration of ownership to the donee. The deed may not be challenged in this it differs from sale and purchase and wills. You can donate movable and immovable property and share of property owned by the donor.
You will need
- -application form
- -document about payment of registration original and a copy
- -identity documents
- -documents of the Trustees or legal representatives of minors or incapacitated people
- -original and copy legal documents
- -certificate of residence
- -a copy and original of premises, the original must be certified by BTI
- -notarized consent of all owners
- -document about payment of the tax for donation
For registration of the deed on the part of the apartment requires the consent of all the owners of this apartment. It must be notarized and certified. If the apartment are minors or incapacitated owners, you need the consent of their parents or guardians.
If agreement is made determining the shares in the apartment, then permission from the other owners is required. The donor has the right to give his share to any person.
You must have a certificate of ownership of the apartment. For registration call a technician from the Department of BTI. Based on inspection of the apartment you will produce a new technical passport for her. With technical certificate and title documents necessary to apply to the state registration center for registration of real estate. You will be given a certificate of right to property.
After obtaining written consent for donation from all owners consult with the donee before the notary for registration of the contract of donation. You write a contract on donation in your share in the apartment. The deed of gift imposes no obligations of the donee. The donee has the right to refuse a gift.
At the conclusion of the contract of donation, you must specify how many square meters is offered fully and address and the location of this apartment, specify floor, where is located the apartment and the floors of the house. To make information about the persons registered in the apartment and having the right to reside in the apartment after the donation.
After collecting and processing all the documents the deed of gift registered in the state registration centre for registration of real estate. The donee issued a certificate of title to donated a share in the apartment.