Gift tax 2021 - how much do you need to pay?

Domestic family law considers grandchildren as close relatives, which allows donations to be made in their favor, without any damage to the financial condition of the recipients, due to the exemption from the obligation to pay personal income tax. This exemption also applies to gifts of real estate, including apartments, which are one of the most common gifts in favor of grandchildren. At the same time, the donation of real estate is associated with design features, state registration, the legal status of the donee, the presence of legal capacity and other nuances that will be discussed further.

Basic concepts and principles of taxation of gift agreements in 2021

The parties to the act of donation are the donor and the donee, and the object of the transaction can be any property and services that are the property of the donating party. Moreover, since the party receiving the gift receives it free of charge, without spending his personal funds, it is the donee, according to the current legislation of the Russian Federation, who is obliged to pay the existing tax.

The donor himself has nothing to do with the taxation of the transferred property, not being responsible for ignoring it or the recipient’s refusal to pay.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

In 2021, the actual amount of gift tax is 13% of the total value of the gift - for residents of Russia. For non-residents - the tax amount is calculated based on 30% of the market value of the donated real estate or movable property. At the same time, the role of residents today is played by both Russians and citizens who live in the Russian Federation for more than 183 days a year in a row.

It is worth noting that the gift tax on a share of an apartment, house, cottage, land plot, garage or other real estate is also required to be paid and is calculated according to the rule described above.

How to determine the price of a donated apartment and the amount of duty?

Firstly, if the cost of the apartment is specified in the gift agreement, then it will be the starting point for the tax.

Important! The specified figure must be at least 70% of the cadastral value. If inspectors consider the price to be too low, they have the right to demand payment of tax at market value.

Secondly, if they give you part of the apartment. Then 13% will be calculated from the value of the donated share of real estate .
Thirdly, if the cost of the apartment is not specified in the contract, then its price will be determined by the cadastral value. Because it is closer to the market one. Some citizens may consider it too high and enter into a dispute with the tax authorities. To do this, you need to find out the cadastral value of the apartment in advance. This is where the USRN extract comes in handy. Order it electronically and be fully prepared. The USRN extract may also be useful if you decide to check the apartment that was given to you.

Legislative framework for gift taxation

If housing is the object of the gift agreement, gift tax is calculated based on its actual inventory value. However, in recent years, for calculations, as a rule, the market value of an apartment or house transferred from the donor to the donee is taken.

After confirmation of the cadastral value of real estate, the actual amount of tax paid is determined. At the same time, only privatized housing is subject to donation, and if the owner took out a mortgage to purchase an apartment or house, the living space can be donated if the banking organization acting as a creditor allows it.

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In the case of alienation of a land plot in this way, the amount of taxation is also determined using the cadastral value.

Lawyer answers to hourly questions

Is gift tax a direct or indirect gift tax?
Direct taxes, as well as property and transport taxes. Indirect taxes include VAT and excise taxes, because they are charged to the end buyer, not the manufacturer.

Personal income tax on gifts – is it a federal or regional tax?

Federal, but 85% of the total funds paid are transferred to the regional, 15% to local budgets.

What happens if you don't submit your declaration on time?

According to Art. 119 of the Tax Code of the Russian Federation, a citizen may be charged a fine of 5% of the amount unpaid according to the document for each month, but not more than 30% and not less than 1,000 rubles.

How is tax paid when donating a house as a property or a plot of land for rent?

Personal income tax is paid only for the house based on the cadastral value. There is no need to pay for the plot, because... the ownership of it does not pass to the donee: he only re-executes the lease agreement with the lessor.

Do those who are exempt from personal income tax need to file a declaration?

Not necessary, but desirable - in some regions inspectors require it. They may request documents confirming relationship with the donor: marriage registration certificate, birth certificate, etc.

How much is gift tax due?

A completely natural question for the person receiving the gift is the question regarding the price of the free gift when drawing up a deed of gift. First of all, it is necessary for calculating the amount of personal income tax, which is sometimes the reason for refusing a desired apartment or car. As a rule, the price of the gift is indicated by the donor himself when drawing up the contract - it is worth starting from it.

An example from judicial practice:

Citizen M.'s uncle gave the apartment under a gift agreement, according to the clauses of which the cost of housing was 4 million Russian rubles. At the same time, M. will have to submit a personal income tax return to the tax office, entering the following data into it:

the actual income from accepting the gift amounted to 4 million Russian rubles;

the amount of personal income tax was 4,000,000 x 13% = 520,000 Russian rubles.

Naturally, many unscrupulous owners are constantly trying to lower the real price of real estate in order to reduce personal income tax. However, such a trick in 2021 is inappropriate, because with mandatory data verification and detection of fraud, they can not only impose tax payment based on the market value of the apartment, but also apply sanctions.

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All the pros and cons of a gift agreement with an encumbrance

Letters from the Ministry of Finance of the Russian Federation indicate that when donating real estate, parties not included in the category of close relatives are required to be guided by the information specified in the gift agreement. But, there is one caveat. All this becomes possible only if the value specified in the gift fully corresponds to the real market value of the object.

An example from the site’s lawyers

The mother-in-law transfers an apartment in one of the central districts of Moscow to her son-in-law as a gift. According to the contents of the apartment donation agreement, the cost of housing is 1 million Russian rubles. If the son-in-law fills out a declaration using this amount to calculate personal income tax, the tax authorities will most likely refuse him and force him to pay an amount equal to 13% of the market value of the residential premises. It is worth noting that if the contract does not contain the actual value of the property (this is not prohibited by law), then its value in the declaration is indicated according to the real market value at the time of drawing up the declaration. At the same time, when comparing the price in documents, tax officials can use the cadastral value of housing, because, according to the legislation in force in 2021, a certain regime for calculating market value is not provided for by tax legislation.

Tax return form 3-NDFL

If the recipient is not satisfied with the cadastral value of the apartment declared by the tax authorities, he can declare a different amount, justifying his position with the help of additional independent expertise or relevant documents.

Case Study:

The son-in-law receives a one-room apartment as a gift from his mother-in-law. However, since, according to the legislation of the Russian Federation, the parties to the transaction do not fall into the category of close relatives, the daughter-in-law and son-in-law have no choice but to pay a 13% tax on the value of this property.

At the same time, the cadastral value according to Rosreestr amounted to 700,000 Russian rubles. Thus, the son-in-law will have to draw up a declaration, entering in it the actual cost of the apartment (700,000 rubles), as well as a tax amounting to 91,000 Russian rubles.

Donating an apartment to grandchildren

The transfer of an apartment in favor of grandchildren by way of gift is associated with some peculiarities - they are related to the specifics of civil real estate turnover, the nuances of registration and the legal status of the gifted grandson. Their accounting is mandatory for the transfer of the apartment within the framework of the law, the validity of the deed of gift and compliance with the rights of the donee.

Transfer of rights to real estate, in accordance with Art. 131 of the Civil Code, is subject to mandatory state registration , which is carried out according to the rules established by Federal Law No. 122 of July 21, 1997. To carry it out, the applicant (usually the gifted grandson) must pay a state fee, the amount of which, according to clause 22 of Art. 333.33 Tax Code is 2 thousand rubles.

The registration procedure requires the applicant to submit a number of documents, including a deed of gift. For this reason, it must always be in written form .

The agreement for donating an apartment in favor of grandchildren must contain a detailed description specifying the apartment being transferred and distinguishing it from other real estate objects. To do this, the contract specifies the location and address of the property, the floor of the house, the number of rooms and their condition, area, technical passport data and other information.

Additionally

According to Art. 556 of the Civil Code, the transfer of real estate is carried out according to a transfer deed . Thus, it is advisable to also indicate information specifying the subject of the transaction in it.

Since grandchildren, according to Art. 14 IC are close relatives, then their receipt of real estate as a gift cannot be considered taxable income (clause 18.1 of Article 217 of the Tax Code). To do this, when drawing up a deed of gift, it is advisable to indicate the presence of close family ties between the parties to the donation, and also attach documents confirming this fact.

When transferring an apartment in favor of a grandson, the donor is obliged to notify him of any shortcomings in it that may threaten his health and property (Article 580 of the Civil Code). If there are any, it is advisable to reflect them in the contract or transfer deed.

How to pay gift tax in 2021

After signing and registering the gift agreement with a notary, the recipient (the new owner of the property) is obliged to come to the tax office before April 30 of the year following the transaction to draw up and submit the appropriate tax return on his income for the past accounting period.

Otherwise, the payer will receive a notification from tax officials, and then he will have to pay a fine, the amount of which at the time of writing (July 2021) is 1000 Russian rubles.

The amount stated in the declaration must be paid by July 15 of the year following the year in which the apartment was donated, or the defaulter will be subject to the following penalties:

20% of the amount of declared tax;
40% - if the tax was not paid intentionally.

A sample declaration of income and expenses, called 3-NDFL, can be obtained from tax office employees completely free of charge.

Payment order

To pay the tax in question, the donee should contact the tax office at his place of residence, providing the employees of this body with all the necessary documentation. After the employees calculate the final tax amount, the recipient will receive a notification indicating the deadline by which he is obliged to pay the tax, as well as a receipt with the specified amount of gift tax, which can be paid at any bank branch.

What documents will be needed for the tax office?

Before contacting the tax office, the recipient must have the following papers in hand:

passport of a citizen of the Russian Federation;
completed tax return in form 3-NDFL;
documentation confirming his right to dispose of the apartment (extract from the Unified State Register of Real Estate).

This is the main list of the required package of documents that must be provided to the tax authorities.

How to transfer documents

Today, there are several ways to transfer the above documents to the tax office. Perhaps the most popular among our compatriots is the transfer of papers in person. All you need to do is come to the tax office for a personal appointment and provide the employees with documents.

In addition, in 2021 it is possible to send this package by mail. However, delivery times may differ significantly from the first method, and the taxpayer himself will not be able to influence the situation if he makes a mistake. As a rule, this delivery method is chosen in cases where a citizen is not able to visit the tax office in person.

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This situation also includes the transfer of relevant documents through a proxy. To do this, the donee must draw up a power of attorney and have it certified at a notary office, after which the document must be handed over to the legal representative, because he will have to present it to the tax office.

What documents are needed to formalize a deed of gift for an apartment for a grandson?

As noted earlier, to transfer a gift in the form of real estate, it is recommended to draw up a gift agreement. It is necessary for the subsequent registration of property rights, and in accordance with this, the donor is obliged to prepare a package of documents. It includes the following:

civil passports of the parties to the transaction;
title documents for the transferred apartment;
extracts from the BTI and other technical documentation;
if the property is divided into several owners - written consent (or oral, requiring the participation of all owners when registering property rights);
if one of the owners died - a death certificate;
certificate of residents who have permanent or temporary registration in the transferred apartment;
if instead of the donor or donee, an official representative participates in the transaction - the original general power of attorney.

The main document - the gift agreement, is drawn up taking into account the standards noted in Art. 432 Civil Code. You will need to create two copies: one is transferred to the registrars, and the second remains with the donee.

Deadlines for paying personal income tax in 2021 when donating real estate

So, according to current Russian legislation, after calculating the amount of tax, the amount must be paid before July 15 of the year following the year of the conclusion of the real estate donation transaction.

It is recommended to check the necessary details for making payment with your local tax office. At the same time, the personal income tax itself is transferred to the current account, which is indicated in the taxpayer’s declaration. Today you can make payments without commission at any Sberbank branch.

Consequences of failure to pay on time

If the donee ignores these instructions, the tax inspectorate may file a claim against him in the judicial authorities. Thus, if the total amount of tax is less than 50,000 Russian rubles, the decision on this case will be made by the magistrate at the debtor’s place of residence.

For amounts exceeding 50,000 Russian rubles, all claims of tax inspectorate specialists will be considered by city or district courts.

Legal regulation

Highly liquid assets - cash can equally serve as the subject of a gift along with other property assets. Chapter 32 of the Civil Code of the Russian Federation, dedicated to donation, does not establish restrictions regarding the transfer of funds as gifts.

The fact of completing a transaction of donating money does not need to be formalized in writing due to the provisions of Article 574 of the Civil Code of the Russian Federation, which provides for this form in the following cases:

donation of real estate due to the need for mandatory registration;
a gift of movable property when transferred by a legal entity and the value in monetary terms exceeds the threshold value of 3,000 rubles;
a contract expressing a promise, the fulfillment of which is scheduled for a future period.

In order to avoid corrupt practices and deliberate infliction of material damage on the most “vulnerable” categories of citizens, Article 575 of the Civil Code of the Russian Federation imposes a direct ban on giving and receiving gifts that go beyond the usual and cost more than 3,000 rubles when given:

minors and citizens with limited legal capacity;
employees of medical, educational institutions and social services, citizens undergoing therapy or training;
representatives of state or municipal authorities, employees of banking organizations performing direct official duties, persons interested in decision-making.

Based on the analysis of the norms of Articles 574 and 575 of the Civil Code of the Russian Federation, it follows that the donation of funds between individuals, with the exception of prohibited categories, does not legally require not only notarization of the transaction, but also a written form. The transfer of money can be made in the presence of witnesses with a receipt issued by the donee. The transaction is considered completed at the moment of delivery of funds from a legal point of view under an agreement concluded orally.

In practice, a donation agreement of funds is often drawn up between close relatives, the sample of which includes the intended purpose of the financing, providing protection to the recipient from third parties in the event of claims regarding the origin of material wealth.

According to the Family Code, close relatives, in addition to parents, including adoptive grandparents and grandchildren in the direct line, siblings, include the second half of the marriage, and values acquired during the marriage are considered jointly acquired property. In the event of a divorce, the spouse can claim part of the apartment purchased with the money of the parents of the other half, presented as a gift. A targeted donation of money for the purchase of an apartment, confirmed by documents, will make the claims baseless in the legal segment.

Where to pay the calculated personal income tax

The property specified in the tax return when donating to a non-relative must be paid in full within the specified period in one payment. The recipient will receive a receipt for this, as we wrote above, when filing 3-NDFL from a tax officer.

The taxpayer can receive this receipt by mail. In the event that the recipient has lost or damaged the details, he can find them out by visiting the official website of the local tax service. It is worth noting that in this case, the citizen must look for the details of the local branch of the Federal Tax Service, and not any other!

Having received the details, the citizen can go to any of the selected banks to pay the tax.

What other expenses await the recipient?

The recipient must be prepared for the financial costs that will await him after accepting such a valuable gift as real estate. Typically the expense item includes:

Taxation if you are a distant rather than close relative: 13% for Russian citizens and 30% for citizens of other countries;
Property tax, mandatory for everyone: depending on the type of real estate - from 0.1 to 2% of the price of the property annually;
State duty for registering property rights in Rosreestr: individuals pay 2,000 rubles, legal entities - 22,000 rubles;
Payment for notary services when drawing up a power of attorney, if your representative will act instead of you at any stage.

In addition, before contacting the registration authority, you need to know what documents are needed to register proprietary rights. Despite the fact that they are transferred from the donor, you can agree among yourselves who will bear the financial expenses for their execution, but here everything is individual in each case.

Who must pay gift tax

So, according to the law of the Russian Federation, an individual who has received an apartment, house, land plot or other real estate as a gift is obliged to pay personal income tax or income tax, the amount of which currently amounts to 13% of the actual total value of the transaction object.

At the same time, according to the Tax Code of Russia, when paying this type of tax in 2021, no benefits are still provided (for example, for pensioners or disabled people). Even children under the age of majority must pay the full amount declared in the declaration. If such persons do not have income, the obligation to pay personal income tax passes to their legal representatives, who, as a rule, are parents or guardians.

However, if the parties to the transaction when concluding a gift agreement are people included in the category of close relatives, the donee does not pay gift tax. The law classifies the following persons as close relatives:

parents and guardians;
sisters and brothers (both natural and step-brothers);
grandparents;
spouses;
children (adopted and natural);
grandchildren and granddaughters.

At the same time, the declared degree of relationship between the parties to the transaction will need to be confirmed by providing the relevant documents.

Also, the following nuance is important. If a close relative-donee decides to sell the property received as a gift in the first 3 years after the right to register the property, he will be required to pay a 13% tax ! In the same situation, other relatives and third parties will have to pay a mandatory fee. Thus, the transfer of a house, cottage, apartment or any other piece of real estate between distant relatives entails the mandatory payment of personal income tax.

In addition, an individual must also pay the gift tax in full, even if they are close relatives who are not included in the category of residents of the Russian Federation. Simply put, in order to be considered residents, they need to spend at least 183 days in Russia during the calendar year. It is worth noting that this residence rule also applies to Russians who live outside their country. All non-residents are required to pay income tax, the amount of which is 30% of the total value of the property.

Donors never pay tax

Remember, those who donate an apartment or a share in it are not required to pay tax. Donation is a gratuitous transaction (Clause 1, Article 572 of the Civil Code of the Russian Federation). The donor transfers his apartment to the recipient just like that, without demanding anything in return. Therefore, the donor does not receive any income. And since there is no income, there is no tax.

IT DOES NOT MATTER: 1) How long the apartment belongs to the donor. Don't confuse this with selling. There is no minimum holding period for donations. To donate real estate, you don’t have to wait 3 or 5 years - read more. 2) To whom did the donor give the apartment - a close relative or a stranger. 3) Whether the donor is a citizen of the Russian Federation or another country and where he lives. The donor pays nothing. Dot.

How can you reduce your personal income tax?

It is also important that after the transaction, the recipient must personally calculate the amount of the tax contribution, enter it into the declaration and submit this document to the tax authorities. It is on the basis of the declared declaration that tax specialists will calculate the final contribution, that is, check the accuracy of the stated facts.

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The most profitable option, which unscrupulous payers constantly try to take advantage of, is the deliberate underestimation of the actual cost of the transaction object. Moreover, if such value is not less than 70% of the amount of the cadastral value of the property, the amount will be calculated from the lesser one.

Case Study:

The deed of gift states that the value of the object of donation is 2 million Russian rubles. However, its real market value is 2,500,000 Russian rubles. At the same time, the cadastral value of this property is also 2 and a half million rubles.

Since the amount of 2 million is 20% less than the cost of 2 and a half million, the tax will be calculated by tax specialists from 2 million, which will save the payer a lot of money.

At the same time, such an underestimation of the real value of an apartment or other real estate can have certain negative consequences for the recipient, because tax officials check the compliance of the declared data. However, this method can be useful when an object is overvalued. You can conduct an independent examination yourself and challenge the value, reducing the amount of gift tax.

How to formalize a gift to a grandson or granddaughter

A donation in favor of a grandson or granddaughter is formalized by an agreement - a deed of gift (Article 572 of the Civil Code), according to which the donor transfers or undertakes to transfer in the future in favor of his grandson or granddaughter any property benefit. As a general rule, a deed of gift, executed simultaneously with its conclusion, can be in oral form . However, there are a number of exceptions that require a written document.

Attention

According to paragraph 2 of Art. 574 of the Civil Code, a gift agreement in favor of grandchildren must be drawn up in writing , if there is a promise of a gift in the future - violation of this requirement entails the nullity of the concluded document.

In addition, a written deed of gift in favor of grandchildren will also be required in cases of donating real estate and vehicles . These requirements are not enshrined in law, but arise in connection with the need to carry out state registration of real estate (Article 131 of the Civil Code) and register the vehicle.

A deed of gift drawn up in favor of grandchildren, regardless of the type of gift, does not require mandatory notarization - it is carried out solely at the request of the parties to the transaction. According to Art. 163 of the Civil Code, certification of the gift agreement by a notary will confirm its legality, as well as the existence of the parties’ rights to complete such a transaction.

The content of the agreement must also meet the requirements of the legislator - according to Art. 432 of the Civil Code, the document must contain a condition on the subject of the transaction . To do this, the contract must indicate the specific gift being given to the grandson, its individual features - description, shortcomings, cost, etc. If there is a promise of donation, the contract must contain the donor’s intention to fulfill the contract in the future (clause 2 of Article 572 of the Civil Code).

After indicating the gift, the gift agreement must determine the conditions for its transfer to the gifted grandson. Within the framework of this section, the agreement must determine the conditions and method of transferring the gift, the documents to be filled out along with it, the timing of the transfer, suspensive conditions (Article 157 of the Civil Code) and other conditions.

Important

If a gift is endowed with shortcomings that could cause harm to a grandson or granddaughter, the donor is obliged to report them (Article 580 of the Civil Code). To do this, it is best to write down these shortcomings in the contract.

All other details are standard and inherent in every civil contract. At the end of the document, the parties confirm the concluded agreement with their signatures.

Is a deed of gift more profitable than a purchase and sale agreement in 2021?

Many of our Readers have probably already asked the question, if gift taxation is so expensive, might it be more profitable to transfer an apartment not under a gift agreement, but under a sales agreement? In this transaction, the donor will act as the selling party, and the donee will act as the buyer. Let us immediately note that everything here depends on the length of time the real estate has been owned by the seller:

The tax is not imposed on real estate (dacha, apartment, house, plot, etc.) that has been in the possession of the owner for more than 5 years.
The objects of such transactions are subject to tax if the current owner has owned them for less than 5 years.

The established tax rate is also 13% of the total purchase amount, but only if the cost of the object exceeds 1 million Russian rubles. If the value of the property is less than a million, the purchase and sale transaction is not subject to tax.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

Also, it is worth warning unscrupulous citizens and reminding them of the established criminal liability for conducting a deliberately fictitious transaction.

If tax officials or interested parties can prove that the transaction is fictitious, the parties who entered into the sham transaction may be punished, in accordance with current legislation, for attempting to mislead. At the same time, most of the responsibility falls on the donor. For example, if the amount of hidden tax from the state when concluding a deed of gift exceeds 600,000 Russian rubles, he may face criminal penalties.

How to pay tax on a gift?

First of all, you enter into a gift transaction and draw up an agreement. Once all the documents have been submitted and you have the keys, we move on to taxation. To return 13% to the state, you need to submit a 3-NDFL declaration to the tax authorities. The document form can be found on the Federal Tax Service website. The next stage is submitting the declaration to the tax office according to registration. This can be done by visiting the inspectors in person, or by sending documents by mail.

Along with the declaration, you will need to provide a passport, a gift agreement, as well as a document on the ownership of property - an extract from the Unified State Register of Real . You can receive it both in paper form and electronically. Both options are legally binding.

What happens if you don’t declare or pay your gift tax on time?

If the established deadlines for filing a tax return with the Federal Tax Service are ignored, the agency’s specialists will be forced to send the taxpayer a corresponding notice. It is worth noting that information on all transactions related to real estate is submitted to the tax registration chamber.

Experienced lawyers of the Legal Ambulance website recommend filing a declaration as soon as possible, because the more time passes from the date of the deadline established by law, the more the fine you will have to pay in the end!

In 2021, the fines for failure to meet deadlines remain as follows:

Ignoring the obligation to submit a tax return is a fixed fine of 1,000 Russian rubles, as well as 5% of the total tax for each month of delay (the period begins in May).
Refusal to pay tax - 20% of the total amount of personal income tax in case of the first non-payment, as well as 40% for each subsequent non-payment (according to current legislation, each subsequent non-payment is considered intentional).
The penalty for late payment of the tax established by law is calculated daily from the moment of delay, that is, the next day after July 15, according to the following formula:

amount of tax debt * refinancing rate (8.25%) * 1/300 * number of days overdue

All fines are collected by tax authorities both voluntarily (at the first request of tax officials) and through the courts.

Taxable property

There is no need to pay tax on ordinary, inexpensive gifts; there is no need to run to the inspectorate with a declaration immediately after a birthday or other celebration. A gift is taxable only if it is:

real estate (land, house, apartment, room, yacht, boat, office space),
vehicle (car, truck, motorcycle),
share, share, share.

And if a gift is received from a close relative or family member, then there is no need to pay gift tax at all.

If the gift is accepted from the following persons, no tax payment is charged:

Spouse,
Your parents = adoptive parents,
Your children=adopted,
Your grandmothers, grandfathers,
Your grandchildren
Your brothers and sisters who have common parents, one parent.

Instead of an afterword

As you can see, among the existing gift taxes in our country in 2021, it is worth including only personal income tax, which is the only tax when concluding a gratuitous gift transaction, which is characterized by the recipient receiving a profit without spending his own funds.

At the same time, personal income tax is included in the category of national taxes with a single rate throughout the entire territory of the Russian Federation, amounting to 13% of the total value of the transaction object for residents of Russia.

This tax is paid once a year, namely, its payment must occur next year, that is, after the actual receipt of the gift. The recipient is obliged to do the calculations and reporting himself.

We understand that it is quite difficult for an ordinary citizen to fully understand such a complex issue. And, therefore, we invite you to quickly get free help from our on-duty lawyer! To do this, simply formulate a question and click the “Submit Question” button! Previous

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Giving to relatives

You can donate property to any individual or legal entity. In practice, this transaction is most often made between family members and close relatives. But even when concluding a deal with a relative, you must strictly adhere to the requirements of the law so that other applicants for property do not have doubts and reasons for pairing it.

A deed of gift for an apartment donated by a close relative should not contain conditions regarding lifelong courtship of the donor, financial obligations of the recipient, or receipt of property after the death of the donor. Otherwise, the contract will be declared invalid.

Expert opinion

Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

Ask a Question

Please note that under a real estate agreement, the recipient’s right of ownership of the object arises after registration in Rosreestr, although the agreement is considered concluded after it is signed. The donor is deprived of the property and all rights to it. In the future, it will be impossible to cancel the transaction if it is executed taking into account all the rules of the law.

Tax on the gift of an apartment between close relatives: do I need to pay a fee?

Depending on whether there is a decision on this by the legislative body of the constituent entity of the Russian Federation (Article 402 of the Tax Code), property tax is subject to calculation either from the cadastral or inventory value of real estate. According to Art. 406 Tax Code, tax rates depend on the name and value of the property and range from 0.1 to 2%. Payment of this tax is carried out annually. Conclusion Donation is one of the most common civil law methods of alienation of property in favor of grandchildren. The choice of this particular agreement is quite obvious, especially considering the simplicity of drawing up a deed of gift, the absence of a mandatory notarial form, a special notarial tariff for its implementation, exemption of the donee from personal income tax, etc. Deadline for filing a declaration Is it necessary to submit a declaration when donating an apartment to a relative? When donating an apartment to your relative, you must submit a tax return, since the transaction is completed and registered, however, it will be zero due to the fact that by law you were exempt from taxes. You must pay the tax within a month from the start of the registration procedure. But it is advisable to do this even before you start registration. Registration of a gift transaction between relatives is undoubtedly beneficial, so if you have long been unable to decide on a gift in favor of one or another member of your family due to ignorance, then it’s time to resort to the opportunities that the state gives you.

Deadlines for filing a tax return and paying taxes

According to the tax code, 3-NDFL must be filed no later than April 30 of the following year after receiving the gift.

After reviewing the declaration, the person will receive an answer as to whether they need to pay tax. If the result is positive, payment must be received no later than July 15 of the corresponding year.

For example, in 2015, Yu. L. Belova, I. K. Ivanov’s second cousin, gave her uncle a dorm room. Since the girl is not a close relative of the citizen, Ivanov filed a tax return with the appropriate authority by April 30, 2016 and paid a tax of 13% of the total cost of the room by July 15, 2021.

Gift from grandmother taxes

Civil Code of the Russian Federation - cancellation of donation and refusal of the donor from further execution of the contract).

Possibility of succession.
When a gift is made orally, the very fact of transferring the gift from the donor to the grandson is sufficient; when it is written, the agreement must have the following structure:

name of the transaction;
date and place of its conclusion;
names of the parties and their details - full name, passport details, registration and residence addresses;
subject of the contract;
information about the object of the donation;
rights and obligations of the parties;
special conditions;
final provisions;
signatures of the parties.

Donating an apartment to grandchildren Having residential premises in their ownership, grandparents, for a number of reasons, do not want to leave this property to their children, but want to pass it on to their grandchildren.