Do I Need To File A Tax Return For A Donation Agreement

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Do I Need To File A Tax Return For A Donation Agreement
Do I Need To File A Tax Return For A Donation Agreement

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It's nice to receive such a large gift, which is formalized by a gift agreement, as a rule, it is real estate or an expensive thing. But, since the price of such a gift is high, it certainly increases the income of the person being gifted, which must be reflected in the income tax return filed annually with the tax office at the place of residence. True, this rule does not apply to everyone.

Do I need to file a tax return for a donation agreement
Do I need to file a tax return for a donation agreement

Instructions

Step 1

According to the Tax Code of the Russian Federation, any income received by a citizen is subject to taxation at the rate established for individuals in the amount of 13%. The payer of personal income tax, according to this set of laws, is all those who live in the territory of the Russian Federation for at least 183 days a year. The property received under the donation agreement is recognized as income, and everyone is obliged to transfer the tax on it to the budget: able-bodied citizens, pensioners, disabled people and even minor children, regardless of whether their parents have funds to pay this tax. Real estate is recognized as such property; cars, planes and yachts; securities: shares, shares or stakes in the authorized capital. An exception, in accordance with clause 18.1 of Article 217 of the Tax Code of the Russian Federation, is income received as a gift in cash and in kind, but they, as a rule, are not formalized by a donation agreement.

Step 2

But, according to clause 18.2 of Article 217 of the Tax Code of the Russian Federation, there are cases when a citizen is exempt from paying personal income tax and, accordingly, from the obligation to file a declaration of these incomes, even if, under a donation agreement, he became the owner of real estate or an expensive vehicle. This will not need to be done when the giver and the gifted person are close relatives or members of the same family. Those. both consanguinity and family are taken into account, when such a couple, for example, is made up of a stepfather and stepson living together. The Family Code of the Russian Federation considers husband and wife, parents and children, grandfathers, grandmothers and grandchildren, brothers and sisters to be close relatives. According to the RF IC, there is no difference between siblings and adopted children, as well as full and half brothers and sisters.

Step 3

Since the donation agreement comes into legal force only after it is registered with the territorial bodies of Rosreestr, these bodies, in the order of interdepartmental interaction, transfer information about transactions of this kind to the tax inspectorate. Therefore, the tax authorities have information about both the receipt of income and the degree of kinship between the donor and the gifted. In the event that this information is not available in the tax office for some reason, you need to provide it to the tax authorities yourself. Documents confirming the degree of kinship include birth certificates, passports, marriage registration certificate, surname change certificate, etc. To certify belonging to the same family, you will need to present a certificate of family composition, act of cohabitation, etc.

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