Tax on donation of real estate to a non-relative: features

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Now we will find out everything that hides the property gift tax (not to a relative or close person - not so important). What are the features of payment during the preparation and signing of the relevant agreement? It needs to be known. After all, not all citizens are required to pay taxes when signing a donation agreement. And if they do, they have to learn how the calculations are done.

It's pretty easy to get confused here. But all the important information is easy to understand at the same time. It is enough to know if there is a tax on donating real estate to a non-relative (or to himself), as well as how much interest from the transaction you will have to pay.

Dedicatory

But what is a donation agreement? In Russia, it is extremely common. This is the most popular and common form of transferring property to each other. In practice, most often there are cases when gifts are given to close relatives.

Gift - an agreement between the owner of the property (or otherobject) on the transfer of something to the property of the donee. That is, after signing such an agreement, what belonged to you will become someone else's. And from then on, the property will fully pass to the donee. The main feature of this agreement is taxes. When donating real estate (not to a relative or someone from the family), there are several options for the development of events. In addition, property received as a gift is not divided during marriage. And fully belongs to the donee. Therefore, many people try to donate real estate.

Close relatives

What is so special about this agreement? For example, it has already been said - the procedure and amount of payment of gift tax. The thing is that, according to the law, relatives are completely exempted from this responsibility. Probably for this reason, many try to give real estate to members of the family circle.

Only this feature does not apply to all relatives. There can be many people in a family. Doesn't anyone have to pay taxes? Not at all. Taxes when donating real estate to a non-relative, for example, are almost always present. But with the family, everything is much more complicated. Here, citizens related to close relatives are fully exempted from payment. Who is it? Highlight:

• spouses;
• children;
• parents;
• grandparents;
• brothers and sisters;
• grandchildren.

Only this circle of persons, when signing deeds, are exempt from paying taxes. By the way, this rule also applies to guardians, adopted children,stepbrothers and sisters.

Family Relations

Who pays what taxes when donating real estate? This question is extremely easy to understand. You just need to know some of the features of this process. For example, the fact that only close relatives are completely exempt from taxes upon signing. Who belongs to them is no longer a secret.

And what about distant relatives? Here, as it is not difficult to guess, you will have to pay taxes. According to all the rules that third parties pay. It's not all that complicated in this system. If, for example, someone wanted to donate real estate to their beloved aunt, she would definitely pay a certain amount as a tax. After all, aunts, uncles and other family members do not belong to the category of relatives. This needs to be considered.

Outsiders

Tax on gifting real estate to a non-relative also takes place. In most cases, no one is exempt from paying it. With only a few exceptions. The tax on donating an apartment to a relative, third party or loved one can most often cause a lot of inconvenience.

By the way, strangers, when signing a donation agreement (as donee), pay the same amounts as distant relatives in a similar case. The rules are the same for everyone. Nevertheless, despite such a simple system, according to which relatives do not pay, everyone else is obliged, there are more than enough features here. And if you do not know them, you canget in trouble with the law.

Interest rate

Well, we have already found out that almost everyone must pay taxes when signing a donation agreement. But in what sizes? How is the amount due to be paid calculated? There are some restrictions and rules! There cannot be a single tax for all real estate in the same amount. Someone pays more, someone less. This is a well known fact.

That's right. The tax on donation of real estate to a non-relative, as well as to people who are not closely related to the owner, has some calculation rules. But no one can tell you the exact amount. Indeed, according to modern legislation, citizens must pay 13% of the amount of income. It doesn't matter if it's an apartment, a house or money. The donee pay taxes in the amount of 13% of the value of real estate or securities. There is also a feature here. And it is at the moment of calculating the exact amount of tax that many begin to have problems.

Cost

Why? All due to the fact that any apartment or real estate has two prices. Cadastral and market. The first, as practice shows, is much lower. And therefore, many do not know from what amount the 13% tax is calculated.

If you believe the laws, you need to take into account only the cadastral value. Even the Supreme Court of Russia ruled that way. But the tax authorities see it differently. After all, the market value, as already mentioned, significantly exceeds the cadastral value. Actually, the tax will be several times higher.

A little tip -indicate in the donation agreement exactly the cadastral value of the property. And keep the tax calculation based on this amount. If your tax return is not accepted or you are forced to recalculate at market value, do not agree to this step. It's illegal. The tax on real estate donation to a non-relative or distant relative is paid only in the amount of 13% of the cadastral value of the gift. And no more. Everything else is a direct violation of the legislation of the Russian Federation. You will have to defend your rights in court. But in no case should you agree to a recalculation.

Pensioners

These are the features of paying taxes on donations of apartments, houses and other property in Russian law. The surprises don't end there. Why? It's no secret that pensioners have their own peculiarities of paying any taxes.

But not when it comes to gifts. With this development of events, no one is exempt from taxes. Despite the fact that in Russia older people most often do not pay such contributions, they will have to do this when signing a donation agreement. There are no features here. It turns out that even pensioners are required to pay 13% of the cadastral value of real estate. There is nothing difficult to understand here.

Exceptions

There are almost always exceptions to the rule. But in practice they are extremely rare. As already mentioned, the tax on donating real estate to a non-relative is a mandatory payment. And it is paid in full by the doneeside. Even for pensioners there are no benefits in this regard.

There is just one small exception. We are talking about the fact that, according to the Vienna Convention, various employees of consulates are completely exempted from paying tax on gifts. And their families too. Perhaps this is the only exception to the rule. But, oddly enough, it is very rare.

How to pay

The procedure for paying tax also plays an important role in this process. It often happens that many people simply have no idea what documents will be required for the tax authorities, and are also not aware of the deadlines for filing the corresponding declaration. Actually, it's not as difficult as it might seem.

All taxes are paid (and relevant documents are submitted) by April 30 of the year following the transaction. That is, if the donation occurred in 2014, the report and payment are made in 2015 until 30.04. The documents that are needed for this are not too extensive. The list is short, but filing a tax return can be time consuming. So get ready:

• declaration 3-personal income tax;
• passport;
• certificate of ownership (required from Rosreestre);
• direct donation agreement;
• acts of acceptance and transfer of the apartment (not required, but desirable).

With these documents, you can go to the tax office and file a declaration. Nothing difficult, right? In order to be truefill out 3-personal income tax, you must use a deed of gift, certificates from the BTI with the value of (cadastral) real estate, the taxpayer's TIN (that is, yours) and passport data. As you can see, there are no special features in this process. True, you also need to know the initials of the donor. It is indicated in the declaration at the very beginning. Gifting an apartment to a non-relative, as you can see, is taxed. And it will be 13% of the cost of housing.