But, despite such a difference in the subjects of the transaction, it is carried out according to the general rules established by law, sometimes with the slightest amendments. Property, once in the ownership of a new citizen, acquires a new status .
But sometimes a completely logical question arises - is it possible to transfer an apartment received by gift? Is such an action possible? Are there any restrictions on this fact or are they not significant?
Such cases arise and arise frequently, and often new transactions are not carried out or are carried out with errors only because citizens have no idea what they can count on and what they cannot. Therefore, let's talk about whether such a procedure can be carried out or not.
You can find out whether a donated apartment can be sold in our article.
Legal opportunity
Is it possible to donate donated living space if the donor is alive?
Since we have seriously taken up the discussion of such a complex concept as donation and possible transfer, we need to first turn to the conceptual apparatus in order to be sure to know all the information about the procedure under discussion.
What is remarkable about the donation of housing?
Donation is a transaction that is regulated by civil law, or rather, by the civil code itself. This procedure has many characteristics. Let's start with the basics.
So, donation is a two-way transaction. Why? First of all, because two parties take part in it. One of them is called the donor. The donor has the right to alienate real estate from his property in order to transfer it to a second party.
The second party is called the donee. This subject of the transaction accepts real estate from the donor, and then it becomes his full property. However, sometimes the donee may refuse the gift and then the transaction is terminated.
The next characteristic of donation is gratuitousness . And indeed, the entire procedure is carried out free of charge, that is, for the fact that the donor donated property to the recipient, he receives nothing.
Now we know what the transfer of housing as a gift is. And what then, according to all the rules, is re-gifting ? In fact, this is exactly the same procedure that is carried out immediately after the donee has become the direct owner.
There is no such thing as a transfer in legislation, so the name of the transaction is used as a donation. It is carried out according to the same criteria as a regular donation, based on Chapter 32 of the Civil Code.
An important nuance is that the original donor must be informed and aware of the state of his property and subsequent transactions with it, because he still retains the right to cancel the donation in special situations.
Find out from our articles about the pros and cons of deeds of gift, as well as what is better: a gift or a will.
Acceptable deadlines
After what time can the donated housing be donated?
You can donate living space that has already been involved in the donation procedure once, as soon as all the documents proving the rights of the new owner to the housing have been completed. Roughly speaking, as soon as the deal is formalized.
However, there are a number of nuances, one of which concerns the conditions specified in the contract . So, for example, if the deed of gift states that the donee can take ownership only upon the achievement of certain conditions, he cannot transfer the housing as a gift until these conditions have been met.
For example, the most common case is the entry into ownership rights only upon marriage or graduation from a higher educational institution.
Read our article about the time frame within which a donor can revoke a deed of gift for an apartment.
Is it possible to give the apartment back to the donor?
How to transfer an apartment to a donor?
Newly-made owners of a property sometimes ask the question of whether it is possible to transfer the apartment to the donor. Such situations can also arise due to various life circumstances. From a legal point of view, such a procedure can be carried out, but there are a number of certain nuances associated with it.
A citizen to whom ownership rights to a property have been transferred has the right to independently choose a candidate to whom it can be transferred. But, the law of the Russian Federation provides for several categories of citizens who do not have the right to receive real estate under a gift agreement:
- civil servants;
- employees of municipal organizations;
- employees of educational, educational and medical institutions.
Relatives and clients of these categories of citizens do not have the right to give them real estate.
According to Article 578 of the Civil Code of the Russian Federation, an apartment can be transferred to a donor in the following cases:
- when the donor independently demanded the return of his gift. But, for this it is necessary to obtain an appropriate court decision;
- when the donee independently decided to donate the property back;
- if the gift agreement is declared invalid in court.
To return the donated property, it is enough to go through the standard procedure for completing the relevant documents.
Reverse action
Is it possible to give back a donated apartment? When choosing a candidate for transfer, it may also be the person who originally gave you the property . There is nothing terrible or unnatural in this, and this person may well become the recipient.
However, if you are not close relatives, this fact still does not exempt you from having to pay tax on the transfer of housing as a gift.
Find out on our website whether it is worth accepting an apartment with an encumbrance as a gift, such as a mortgage or the right of lifelong residence of the donor.
Features of the transaction for the transfer of real estate
The conclusion of an apartment donation agreement is a one-sided gratuitous transaction, which can only be terminated if there are compelling reasons. Therefore, before signing an agreement on the alienation of a property, it is necessary to study all possible nuances:
- The transaction can be canceled within the limitation period (three years). In this case, the donor (or recipient) must provide significant evidence to substantiate that the agreement was signed under duress, for fraudulent purposes or hooligan motives.
- If the donee cannot, due to circumstances, be personally present at the execution of the agreement, he has the right to involve a representative (trusted person) in the matter by drawing up the appropriate paper.
- Each party to the agreement should receive a copy of the gift agreement. Another paper must be submitted to Rosreestr during state registration of the transaction.
- If the donee is a minor or incapacitated citizen, consent to sign the transfer agreement is obtained from the guardian.
Where to start, where to turn?
The first step is to prepare the property for donation. Namely, if you have already registered someone, register them. It is also necessary to obtain all the necessary certificates that will indicate that you have no debts .
In addition, notify the recipient that you intend to give him housing. If he agrees, make sure that you have fully entered into the rights of donation.
This transaction is first formalized at a notary office, where they will help with the correct preparation of the document. This step is completely optional .
You can cope on your own, but sometimes it’s better to play it safe and still contact a qualified lawyer.
Next, your path lies to the registration authority.
This could be Rosreestr, which should generally register your transaction, while simultaneously checking it for legality and validity.
Also, the functions of Rosreestr can be transferred to the multifunctional center nearest to you.
Requirements for the contract
The gift agreement must be drawn up in accordance with the generally accepted model. It must also be signed by both parties.
In addition, a deed of gift that contains a typo or error will not be accepted for consideration.
That is why it is very important to contact a notary before submitting documents to the registration authority.
Submission of documents
What documents are required? In order for the transaction to be properly registered, you need to prepare the correct package of documents . It should include the following documents:
- passport;
- gift agreement;
- real estate ownership documents;
- technical documentation;
- certificate of payment of the duty;
- tax payment certificate;
- a previously drawn up deed of gift.
You can find out whether you need to obtain the consent of the second spouse to transfer an apartment as a gift, as well as whether you can donate living space by power of attorney on our website.
All these documents must have their own copies .
You may also be required to provide a certificate confirming the absence of debts for utility services, as well as a certificate from the BTI on the composition of those registered.
Documents are submitted to Rosreestr or a multifunctional center.
There, at the initial stage, they get acquainted with the contents of the papers, and only then they can transfer them to the next employee to formalize the transaction.
How does the procedure for donating an apartment work?
In order to transfer an apartment, it is necessary to draw up a deed of gift. It contains information about the donor, the person to whom the apartment will be given, and the object of the donation.
The deed of gift must be certified by a notary. Otherwise, it will not have legal force. It is also necessary to register the property rights of the new owner of the apartment. This can be done at the MFC at the location of the object or at Rosreestr. There are several ways to submit documents for registration of property rights:
- send by mail;
- fill out an electronic form on the Internet;
- use the State Services portal;
- come to the branch of the MFC or Rosreestr in person.
Along with the application for registration of the parties to the transaction, the following documents must be submitted:
- passports of citizens of the Russian Federation of both parties to the agreement;
- a document confirming payment of the state fee in the amount of 2 thousand rubles;
- documents that confirm the existence of ownership rights to the object of donation (extract from the Unified State Register or certificate);
- documents that establish rights to the object of donation.
Data on payment of state duty will be entered into an electronic database. But, it is better to attach the receipt to all documents so that there are no additional misunderstandings. The application must indicate a list of attached documents.
Receipt times and cost
When contacting Rosreestr, the time frame for receiving documents will be expedited from three to seven days. However, if you contact a multifunctional center, it is quite possible that the deadlines will be slightly different, because this body itself does not register the transaction, but only transfers it to Rosreestr.
The state fee for registration of the donation procedure is three hundred rubles. It must be paid before submitting documents to the registration authority.
If the donor and the donee are not close relatives of each other, then they will also have to pay a tax fee of thirteen percent of the transaction amount.
Cost of real estate transfer
Despite the fact that real estate can be transferred an unlimited number of times, it is worth considering that the recipient will have to pay income tax in the amount of 13% of the assessed price of the transferred property. Additionally you will need to pay fees:
- for certification of a document by a notary;
- for obtaining the opportunity to register a transaction;
- This also includes tax on gratuitous transfers.
Only immediate relatives will not have to pay the tax. The donor, as the person giving away the property rights, will not have to pay tax.
