The essence of the donation process boils down to the fact that the donor transfers the living quarters (apartment) to the donee on a gratuitous basis. In the event that the donor and the donee are close relatives, for example, a son and a mother, special provisions of the Tax Code come into force.
Instructions
Step 1
To transfer an apartment to the ownership of a son or daughter free of charge, it is necessary to draw up a donation agreement. It is in simple writing in triplicate. It is not necessary to use the services of a notary to conclude this agreement; you can contact a lawyer or write such an agreement yourself. Use the contract forms posted on the Internet, but just in case, consult with a specialist.
Step 2
In the contract, write down all the information about the donated object - the address of the apartment, the number of square meters, rooms, floor, the number of floors in the house, the presence of a balcony. Also include title deeds (previous title deeds). If the apartment is in shared ownership, you can transfer your share as a gift. If the apartment belongs to you, but was bought in marriage, then it is jointly acquired property, and you can donate such an apartment to a child only with the written consent of your spouse, drawn up and certified by a notary.
Step 3
After that, it is necessary to register the agreement with the authorities for state registration of property rights. Along with the donation agreement in triplicate, submit to the registration chamber the documents of title to the apartment, the BTI passport, the passports of the parties, a receipt for payment of the duty for registering the donation agreement. In addition to it, you must pay a fee for the transfer of ownership to the donee. Its size is not excessive and as of September 2011 amounted to 1,000 rubles.
Step 4
As for taxation, since the donor and the donee are close relatives, clause 18.1 of Art. 217 of the Tax Code. Therefore, the income received in the process of donating an apartment is exempt from taxation.
