2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
After the abolition of the tax on gift and inheritance, cases of gifting real estate have become much more frequent. It has become much easier to do this than to bequeath or sell it. Often people who want to make such a luxurious gift ask: "How to give an apartment without unnecessary problems and difficulties?"
One of the main reasons why people consider it necessary to donate apartments is the hope that the property will be reliably protected from unwanted encroachments, such as distant relatives. Often the apartment becomes a wedding gift. If the parents decide to make such a gift to their son or daughter, then in the event of a divorce, the apartment will not be subject to division, it will remain the property of the person to whom it was presented.
It would be wiser to donate an apartment to blood relatives - in such a situation, the operation is not taxed. In all other cases, the donee will have to pay the state a tax equal to 13% of the cost of the apartment.
It is quite difficult to donate an apartment to civil servants, employees of medical, educational and social institutions. Evidence will be required that this is not a bribe, but a disinterested gift.
If you decide to donate real estate, you must register the contract with the Federal Registration Service, only then it will receive the status of a prisoner.
Before you donate an apartment, you will need to collect a mandatory package of documents: a certificate that confirms the donor's ownership of the apartment, passports of the gifted and the donor, a certificate confirming the cost of housing. In addition, you need the consent of all owners, which must be notarized, as well as a receipt for payment of state duty.
Many are interested in the question: "What is better - a will or a deed of gift?" Of these transactions, you must choose the one that best meets the requirements of the parties.
Giving a donation is much more expensive than making a will. The volume of documents required for signing the contract, and the terms are also longer. However, the donee has the right to use the donated real estate after obtaining the right of ownership.
Probate is very inexpensive. There will also be fewer formalities during its execution. Major costs and legal formalities await the heir after the death of his testator. The heir can dispose of the bequeathed property only six months after the death of the testator. The interests of the person wishing to donate an apartment are better reflected in the will. Until death, the apartment remains the property of the testator, and he is free to dispose of it as he wishes. It is not uncommon for even the closestpeople, having received an apartment as a gift, quickly forget about their promises to help and care for an elderly relative. It is much more difficult to recognize such a donation agreement in a court of law as invalid than to cancel a will.
Undoubtedly, it is much more profitable for a person who is going to receive property to receive a donation. He immediately becomes the full owner and can dispose of the property at his own discretion. There are situations when an elderly person bequeaths an apartment in exchange for caring for him, later changes his mind, and people who have devoted several years to him will only find out about this decision after his death.
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