Consult a notary about the order of registration of the deed or refer to the current legislation of Ukraine before starting the paperwork. Explain all aspects of the contract of donation and the impact of registration of the deed on the house.
Make a photocopy of your passport and identification code and gather the following information: certificate of legal capacity of the donor and the donee, the inquiry about absence of restrictions on alienation (arrest) and give the house a certificate from the BTI on the ownership rights of the donor's house. Take permission for the donation of the house from the guardianship, if the house is home to a minor child. The same permit will be required if you apply for a deed to a child.
It is not necessary to take the consent of a spouse to make a donation to a third party if your home or its part is in of your personal property (if acquired in the course of privatization, donation or inheritance). You can make the deed to his part of the house; the deed of gift is almost impossible to refute and relatives will have no right to claim your property. If you make out a deed for the child, neither the parents nor legal guardians will have no right to make any deal with the house.
Take all necessary documents to the notary and make him a deed to a house. If you place the document on a first-degree relative (parent, child, spouse), you will need to pay 1% of your home's value and pay for the services of a notary, the tax rate in this case 0%. If you arrange a deed to a third party is not your first-degree relative, you have to pay income tax at 15% and pay for the services of a notary.
Advice 2 : How to make the deed to the apartment in Ukraine
Ukrainian legislation clearly reglementary the procedure of donation of real estate. The act of giving must be in writing and certified by a notary. The procedure of donation prescribed in the Civil code of Ukraine.
You will need
- - deed certified by a notary;
- - title document, confirming the right of ownership of the apartment (certificate of ownership rights, etc.);
- - technical passport of the apartment;
- - information on the carrying value of the apartment;
- - extract from the Register of ownership of real estate (BTI), which confirms the extraction rights from the register of BTI for the disposition of the housing;
- - form N3 (information from the housing Department) on the registration of persons who reside in the apartment;
- - passport;
- - identification code;
- help the absence of the tax ban on the transfer of rights to the apartment and the lack of arrest at the residence;
- - authorization for donation of apartments of guardianship (if it is home to minor children).
In order to convey the apartment into a gift, gather the required documents and submit the notary deed to the apartment. According to the Civil code deed of gift can be a real and konsesualny. In the first case the transfer of the flat to a gift made after registration of the contract, in the second, delayed in time to the occurrence of certain conditions specified in the contract of donation.
For example, a couple who are going to move, I decided to give the apartment to relatives, but the moment of transfer of flat in a gift will come, not from the moment of registration of the contract of donation, and after exit from, the people living there. How exactly to execute the contract of donation is up to you.
Since the gift agreement is a bilateral act, on its Commission first get the consent of the person whom you are going to give your apartment.
If you have a husband or wife, for the donation of apartments will receive the approval of its second half as co-owner (person) apartment. If the apartment that you are going to give a live minor children, then the act of giving will receive a permission of bodies of guardianship because their parents or guardians are unable to give the property to their children without their consent. Permission of the guardianship is necessary and in that case, if the deed make for the child.
After registration of the contract of donation gifted must register their right of ownership in Bureau of technical inventory. To do this within two weeks he needs to go to BTI, and on the basis of the contract of donation to re-register the property in your name.
Upon receipt of the apartment in Dar for the receiver party is obliged to pay income tax.. the first line of heirs – children, spouse and parents exempt from paying taxes for donated apartment, regardless of its value. Other relatives pay 5% of the value of the donated apartment. If the apartment is presented to a stranger, he pays to the state Treasury 15% of its value.
When you receive the gift of the apartment for late payment of the tax shall be collected a penalty, which grows with the growth of delay.