A donation agreement is a transaction that implies the free transfer by one party (donor) of any property to the ownership or property right to the other party (the donee). The concept, conclusion and legal consequences of a donation agreement are determined by Art. 572 of the Civil Code of the Russian Federation.
Instructions
Step 1
The transfer of ownership of an apartment through donation is widespread. And all because this agreement is very simple to execute. The law does not oblige the parties to certify such transactions by a notary, which means that additional costs can be avoided. In addition, by drawing up a donation agreement, you can bypass some of the restrictions that exist in the case of a paid alienation of real estate. This is especially true when it comes to the transfer of shared ownership of communal housing. After all, for example, when drawing up a sale and purchase agreement, it is necessary to obtain written permission from all owners who have the right of pre-emptive purchase. Giving makes it possible to avoid such red tape. In addition, the right of ownership arises for the donee immediately after the signing of the act of acceptance and transfer of the apartment, and not from the moment the agreement is registered in the state register.
Step 2
At the same time, the conclusion of a donation transaction has one significant drawback - taxation. The Tax Code of the Russian Federation provides for a 13% tax rate calculated on the cadastral value of real estate. But since the beginning of 2006, an amendment to the Tax Code has been in effect, which exempts from paying tax in the event that the donee is a close relative of the donor. Here we mean spouses (if we are talking about an official marriage), parents, children (including adopted children), grandchildren, siblings, as well as grandparents. To avoid paying tax, it is enough to present a document confirming the existence of family or family ties between the parties.
Step 3
It is not rare that a person who is not a resident of the Russian Federation acts as the donee. In this case, the tax rate doubles and becomes equal to 30% of the cadastral value of the apartment. This percentage can be changed if there is an international agreement excluding double taxation.
Step 4
The same rules and interest rates apply to real estate share donation contracts. The only difference is that the tax percentage is calculated based on the cadastral value not of the entire apartment, but only of the part that is donated.
Step 5
After the conclusion of the transaction, no later than April 30 of the next year, the party that accepted the apartment as a gift must submit a declaration to the tax authority in the form of 3-NDFL. If the transaction took place between close relatives and, therefore, is not subject to taxation, it is necessary to submit a donation agreement and documents proving kinship to the tax office.
