Donation For An Apartment: What Documents Are Needed In

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Donation For An Apartment: What Documents Are Needed In
Donation For An Apartment: What Documents Are Needed In

Video: Donation For An Apartment: What Documents Are Needed In

Video: Donation For An Apartment: What Documents Are Needed In
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It is always pleasant to receive gifts, but it is more pleasant to receive an apartment as a gift in twins. The conclusion of a donation agreement is not uncommon and very common among close relatives. It is not enough to receive an expensive gift, it must be arranged in accordance with the current legislation of the Russian Federation.

Donation for an apartment: what documents are needed in 2017
Donation for an apartment: what documents are needed in 2017

Instructions

Step 1

It should be understood that donation can only be based on mutual consent of the parties. A real estate donation transaction is free of charge, and the donor does not receive anything from it. Also, the donation agreement cannot contain any conditions, for example, the donor cannot donate an apartment, subject to further residence in it. A donation agreement is concluded in writing and, like all real estate transactions, is subject to mandatory state registration. The list of documents for a real estate donation transaction is much less than when concluding a real estate purchase and sale agreement, but there are still requirements established by law.

Step 2

The parties to the contract are the donor and the donee. When concluding a donation agreement for an apartment, the following documents are required: title and legal documents for the apartment (sale and purchase agreement, donation, inheritance certificate, privatization documents, certificate of ownership), technical and cadastral passport for the property. If the donor is married and the object of donation is the joint property of the spouses, then a notarized consent of the spouse to conclude a donation agreement is required.

Step 3

Having received an apartment as a gift, it is important to know that you will have to pay a tax of 13% on the value of the gift. In accordance with the Tax Code of the Russian Federation, close relatives are exempt from tax. Close relatives are: spouses, parents, children, grandmothers, grandfathers, grandchildren, brothers and sisters, adopted children and adoptive parents. The rest of the donees will have to pay 13% of the value of the property specified in the contract. The cost of an apartment can be indicated as market, appraised, cadastral, or set by the donor at his own discretion.

Step 4

The donation agreement must contain the following information: the name of the donor and the donee, their passport data, registration addresses, full information about the property (address, area, floor, number of rooms), list the documents on the basis of which the donor owns the apartment. The contract must be signed by the donor and the donee. If an attorney acts on behalf of the donor, then the power of attorney must necessarily contain complete data about who it was issued to and for what purpose, contain data about the apartment and the donee. Otherwise, the transaction may be declared illegal.

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