Donation is often used when it is necessary to transfer ownership of real estate (house, apartment, premises) to another person. In such cases, donation is a very profitable deal, as it allows in some cases not to pay tax. In addition, a properly drawn up donation agreement is difficult to dispute.
It is necessary
- Documents required for registration of donation of immovable property:
- - cadastral passport for the property from the BTI
- - extract from home book
- - financial and personal account
- - confirmation that the property has no encumbrances
- - passport data of the participants in the transaction
- - when donating a land plot - its cadastral plan.
- - if the donor is a legal entity, then its constituent documents will also be needed.
According to the current civil legislation, under a donation agreement, the donor transfers or undertakes to transfer any thing to the donee into ownership free of charge. He can also transfer property rights (for example, the right to demand from himself or another person the transfer of a particular thing). The real estate donation contract must be concluded in writing. It is possible (but not necessary) to certify it with a notary. In addition, it is subject to state registration - at the Office of the Federal Registration Service.
A real estate donation contract is not easy to draw up as there are strict rules on how it should be drawn up and form. If it is drawn up incorrectly, the Office of the Federal Registration Service may simply not register it (and, accordingly, the transaction). In addition to the real estate donation agreement, it will require other documents that will need to be provided for registration. Donation registration period is 30 days.
It is beneficial to arrange a donation between close relatives, since the donee will avoid the need to pay income tax, and the costs of completing the contract will be minimal. It makes no sense to conclude a real estate donation agreement between strangers: you will have to pay income tax.
It is worth remembering that making a donation is a relatively difficult transaction. Therefore, if possible, it is better to use the services of a specialized law firm. Her services will cost you about 6,000-12,000 rubles.