You will need
- Documents required for registration of donation of immovable property:
- - the cadastral passport of the property of BTI
- - extract from home books
- - financial-personal account
- - confirmation that the property has no encumbrances
- - passport data of the parties to the transaction
- - the donation of the land - its cadastral plan.
- - if the donor is a legal person, it will also need its articles of incorporation.
According to the acting civil legislation, the contract of gift the donor gratuitously transfers or undertakes to transfer to the donee any thing in property. It may also transfer a property right (e.g. the right to demand from himself or any other person the transfer of a thing). The contract of donation of real estate must be concluded in written form. It is possible (but not required) to assure him of a notary. In addition, it is subject to state registration in Federal Registration Service.
The contract of donation of real estate can be quite difficult, because there are strict rules for its preparation and form. If it is made correctly, the office of the Federal Registration Service may simply not register it (and therefore deal). In addition to the contract of donation of real estate, it will require other documents to be provided for registration. The period of registration of donation - 30 days.
It is advantageous to arrange the donation between close relatives, because the donee will avoid paying tax on the income and the costs of registration of the contract will be minimal. Between strangers to the contract of donation of real estate to make no sense: a tax on income will have to pay.
It is worth remembering that the registration of gift transaction relatively easy. So better to use the services of specialized legal firms. Her services will cost you about 6000-12000 rubles.
Advice 2: How to make a contract of gift to relative
The contract of donation is a complex procedure that requires thorough study and a practical approach. The deeds to the property often signed between the relatives, especially loved ones. These include: parents, children, sisters, brothers, etc.
You will need
- - passports of participants of the transaction;
- - receipt of payment of state duty;
- - the documents confirming the right of ownership of the donor;
- - documents proving the family ties of the Contracting parties;
- - the donation contract;
- - the cadastral passport on object of gift;
- help inventory assessment (issued in BTI);
- - other documents which may additionally require Federal registration service.
Donation is considered the most simple way to convey a close relative (for example, the future heir) house, apartment, car, etc. a Big plus of such a Treaty is that it does not occur the taxable income, i.e., the donee will not have to pay tax at 13% of the value given to his property.
To sign a notarized contract between close relatives is not required. Quite simplified version, that is, the contract of donationconcluded in a simple written form. The main thing - to register it in bodies of Federal registration service.
To the procedure of donation was considered as made in the Registration service must provide the documents: the contract of donation, title to the property, the certificate on state registration of rights on the object of donation, receipt of payment of state duty, the paper on the object of donation (cadastral passport, etc.).
In addition to the above documents, the Federal registration service may require some other documents that are mandatory will need to provide. For example, if you give your child a share in the apartment, which is part of the joint property of several people who do not have relatives, you will need their written consent.
If registered bodies will not have any claims to the made contract, then within one month they will register the contract of donationand the right of ownership to the donee the property given to him. At the appointed time the donor and the donee, appearing in person at the registration authority, will receive her documents.
And remember, the deed you need to register, comply fully with all requirements set forth by law. Otherwise, the contract of donation may be declared invalid.