Gifts from grandparents to their grandchildren refer to transactions made between close relatives. This transaction implies the transfer to the donee of any property that is in civil circulation, including real estate. At the same time, close family ties allow the parties to the transaction to avoid taxation.
In turn, such a gift causes certain difficulties, especially when the grandson is a minor. In this case, the participation of his legal representative is necessary in the transaction.
Purchase and sale of real estate
According to Article 549 of the Civil Code of the Russian Federation, a purchase and sale transaction provides that the seller undertakes obligations to transfer ownership of housing, a building, a structure or real estate to another person.
This is the easiest and fastest way to transfer an apartment to another person. With this option, the transaction is carried out between close relatives without the involvement of a realtor. The purchase and sale agreement states that one party, the seller, transfers the apartment or house into the ownership of the buyer, and he pays its cost. A minor child may also live on the territory of the property being sold. In this case, permission from the guardianship and trusteeship authorities should be added to the mandatory list of documents.
Nuances of real estate re-registration
When completing a transaction between relatives, a situation often arises when an apartment is transferred, but no funds are received. For example, a mother can re-register a living space in favor of one of her children, but in fact they will not pay her anything. This situation does not comply with current legislation, but is common nowadays. Therefore, an important condition when drawing up a contract is the mandatory indication of the transaction amount. The document is registered in the State Chamber, which is obliged to inform the tax office about the completion of the purchase and sale transaction. A seller who has completed a transaction worth more than RUR 1 million. rub. and who has owned real estate for less than 3 years, should be aware that real estate taxation in this case will be 13%.
Often, enterprising people, in order to avoid additional expenses, underestimate the real cost of an apartment or house. And the contract contains a figure not exceeding the above threshold. But everyone should remember that the tax office can check the accuracy of the information submitted. And if, as a result of the audit, it turns out that the specified cost deviates by 20 percent in the direction of its increase or decrease, then the seller will need to pay additional tax, as well as a penalty. Such “risky” transactions, where there is actually no transfer of funds into the hands of the seller, are now carefully monitored.
The second point is that persons who are in interdependent relationships will not be able to receive a property tax deduction. These include:
- People who are officially married.
- Adoptive parent and adopted child.
- Trustee.
- A person who is subordinate in his position to another person.
If the son or daughter in whose favor the property is registered are married, then their other half becomes a co-owner of the living space. Upon divorce, the spouse of the person in whose favor the re-registration is being carried out may claim part of the property, since he has a share in the apartment. This can be avoided by first indicating in the marriage contract the fate of this house or apartment after the divorce. Sometimes, after the transaction, an agreement on the division of property is drawn up.
To sell real estate, you must provide a notarized permission from your spouse to conduct the transaction. This procedure also applies to couples who are already divorced. In the event of his death, a death certificate must be added to the package of documents.
When re-registering an apartment to his son, the father has the right not to be discharged, but to continue to live in this territory. But the second party - the son, according to Article 292 of the Civil Code of the Russian Federation, can sell the living space without obtaining the consent of the father. This situation is quite unpleasant and can create inconvenience for the older generation.
Registration of property as a gift
In this case, re-registration of real estate is executed by the donor in favor of his relatives free of charge. To complete a transaction, you will need to obtain the consent of all parties. The document can be drawn up by either one donor or a notary. The transaction process takes up to 30 days.
What you need to know about real estate registered as a gift
The owner of the property becomes the sole relative for whom the document is issued. Even if a married couple divorces, where one of them received an apartment as a gift, it is not subject to division. But according to Article 37 of the Family Code of the Russian Federation, if the spouse proves that he actively participated in the repair and restoration of real estate and thereby increased its value, then he can claim a part of it.
The donor does not pay any fees because he did not receive any income from the transaction. But with the second party, everything is more complicated - in a transaction executed between distant relatives, you will need to pay a gift tax. Otherwise, when spouses, parents, children, adopted children, and grandchildren take part, they are exempt from any additional expenses, according to subsection. 18.1. clause 1 art. 217 Tax Code of the Russian Federation.
If the property belongs to a married couple, then the spouse must give appropriate permission. With its help, the second owner of the property alienates the living space acquired jointly during the marriage and makes it possible to register a gift to another person.
It is difficult to cancel a deed of gift, and in some cases it is even impossible (when the recipient himself does not renounce the real estate).
How to formalize a gift to a grandson or granddaughter
The gift transaction itself is regulated by Chapter 32 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation). At the same time, it is understood as the gratuitous transfer of property into ownership from one person to another (Article 572 of the Civil Code of the Russian Federation). The parties to the transaction are the donor and the donee.
The donor, as a rule, can be any person, with the exception of those specified in Art. 575 of the Civil Code of the Russian Federation (minors and incapacitated persons, as well as representatives on their behalf). These subjects can also act as recipients.
At the same time, this transaction is mainly concluded between relatives (close ones). Below them art. 14 of the Family Code of the Russian Federation understands spouses, parents, children, grandchildren, granddaughters, grandparents, adopted children and adoptive parents, as well as full and half brothers and sisters.
Information
Based on this, it should be recognized that a gift between grandparents and their grandchildren is a transaction concluded between close relatives.
The general rules for making gifts from grandparents to grandchildren are as follows:
- The proper subject composition of the gift. Moreover, if the grandson is a minor, then a legal representative participates in the transaction on his behalf.
- Maintaining form . Donations can be made either orally or in writing. Its execution in notarial form is not mandatory. At the same time Art. 574 of the Civil Code of the Russian Federation quite clearly regulates situations when the written form of this transaction is mandatory.
- of gratuitousness is required , i.e. a gift is a unilaterally binding transaction. There are no obligations on the part of the donee. Otherwise, the transaction is void (Articles 167, 170 of the Civil Code of the Russian Federation).
- Indication of specific characteristics of the object of donation in deeds of gift.
- The contract can be real (i.e., the transfer of a thing at the time of conclusion of the contract) or consensual (when the transfer is postponed for a certain period of time, may be associated with the fulfillment of certain conditions).
- It is important to note that the parties to the transaction have the possibility of unilateral termination of the contract (Article 573 of the Civil Code of the Russian Federation - refusal of the donee to accept the gift, Articles 577 - 578 of the Civil Code of the Russian Federation - cancellation of the gift 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.
Will
The third option to transfer real estate to your daughter or son is to bequeath it. In this case, the apartment becomes the property of the son or daughter after the death of the person. To do this, the document must be notarized. In rare cases, other persons act as a notary. For example, it is quite acceptable to have a will certified by the head physician of a nursing home or the head of a prison. The execution of the will must be recorded by the same notary who drew up the will. The positive aspect of this method is that the entire inherited living space belongs to the heir and cannot be divided.
Peculiarities
There is a possibility that other relatives who have an obligatory share in the inheritance may lay claim to the property. These include disabled minor children, spouses, and parents. In this case, you can register the apartment under a purchase and sale transaction or as a gift.
It must be remembered that the testator can revoke his will at any time without giving a reason.
When drawing up a will, a testamentary refusal may be issued. For example, an heir receives ownership of a house or apartment, but on the condition that another person will live in the same living space during his life or the period specified in the will.
When selling real estate, the second person (legatee) will be able to live in this living space. Eviction of such a person is possible only with his voluntary consent.
If there are minor children, the testator is obliged to indicate them in the document.
Realtors and lawyers prefer not to work with apartments that have been inherited. This is explained by the fact that other heirs who suddenly arise may lay claim to such real estate.
Gift to a minor grandson or granddaughter
Gifts from grandparents to their grandchildren are not uncommon nowadays. Moreover, gifts can be of any value and category: from a soft toy to a residential building. In any case, the transaction will be considered proper if its form is observed and the donor is legally capable. But in a number of cases, when a grandson or granddaughter is a minor, difficulties arise in registering a gift of valuable property.
Example
Car, apartment, house, dacha, land.
The peculiarity of donation in this case is that consent to accept the gift is given by the recipient not independently, but through legal representatives . For such persons, clause 12 of Art. 5 of the Criminal Procedure Code of the Russian Federation, Art. 64 of the RF IC includes parents, adoptive parents, guardians, and trustees.
Thus, in a gift agreement in which the donee is a minor, it is necessary to indicate not only his data, but also the fact that a legal representative is participating in the transaction on his behalf. In all other respects, the transaction is of the same type as the previously considered situation.
Transaction process
A real estate purchase and sale transaction is formalized in writing in a simple form in the form of an agreement. In this case, certification by a notary is not necessary, but if you wish, you can use his services. In addition, an act of acceptance and transfer of real estate is drawn up. All documents can be completed independently. Both parties to the transaction must go to the registration chamber, where the contract and the rights of the buyer will be registered. The process itself takes 1 month, but the time period can increase due to the collection of a package of documents, drawing up an agreement and a deed.
If the living space is registered as a gift, then it is necessary to draw up a gift agreement between the parties to the transaction. It must contain accurate and complete information about both parties to the transaction and the object - the apartment, all signatures must be affixed and at the end certified by a notary.
In the case of registration of living space using a will, the registration process is somewhat different. The heir formalizes the ownership right after the death of the testator. The heir owns the property from the date of opening of the inheritance, that is, from the date of death of the relative.
In order to formalize your right, you need to contact a notary office and write an application for the issuance of a certificate. The heir can accept the property within 6 months from the date of opening of the inheritance.
After receiving the certificate, he contacts the registration service to register ownership.
The most profitable way to register an apartment in the name of a close relative is through donation. This method does not require special financial investments.
Positive and negative aspects of this type of deed of gift
There are many reasons and life circumstances when relatives decide to donate living space and, of course, this type of transaction has its positive and negative aspects.
The advantages include:
- The transaction does not provide for any obligations to the donor of the apartment, that is, he does not need to be looked after, maintained, etc. In other words, the contract implies an unconditional and gratuitous gift.
- A deed of gift has a significant advantage over a will, consisting in the guaranteed receipt of an apartment by the person to whom it was intended under the contract. If the donor dies, none of the relatives will be able to sue the donated living space.
- The gift agreement cannot be revoked. This means that the donor cannot change his decision and rewrite the contract to another person.
- The services of a notary are not required for registration.
- The State Register requires a minimum of documentation and issues an agreement within 5 days.
- A donated apartment cannot serve as compensation for debt obligations.
As for the negative features of the gift agreement, the following points should be noted:
- If parents have drawn up a deed of gift for their minor child and then decided to sell it, it is impossible to complete the transaction before the owner of the living space comes of age.
- The donor cannot note in the deed of gift such a convention as an annuity agreement.
Giving an apartment to a child has both positive and negative aspects.
Step-by-step plan for apartment renovation
So, to re-register real estate in favor of relatives, you need to do the following:
- Carefully study each option, take into account all their advantages and disadvantages. If necessary, you can additionally consult with lawyers.
- Collect all documents, check their completeness and correctness.
- Have them certified by a notary office.
- Pay all fees associated with the selected type of real estate re-registration.
- Complete registration of ownership of residential space.
How much is the deal worth?
The price of registration in different places can be different - from 2 thousand rubles. rub. and higher. Additionally, you will have to pay a state fee, the amount of which is prescribed in Art. 333.24. NK.
When registering a sale and purchase transaction and donation for the state registration of property rights and the transaction agreement, you will need to pay a state fee in the amount of 2,000 rubles to the cash desk.
When registering a will, the testator will be required to pay a state fee of 100 rubles. This figure is not final and may increase depending on the services of the notary office. For example, they may offer to pay for the services of printing wills, documents or their firmware.
The heir pays the state fee for issuing the certificate. There are several nuances here:
- If these are children, spouse, parents, then it is 0.3 percent of the cost of the apartment, but should not exceed 100 thousand rubles.
- Other heirs will have to pay an amount of 0.6 percent, but not more than 1 million rubles. rub.
Registration of property rights costs approximately 1000 rubles.
All expenses must be paid on time and confirmed by a document - a receipt, which is presented at the place of request.
Is it possible to revoke a deed of gift?
There are a number of cases when a deed of gift loses its legal force:
- During the execution of the transaction, derogatory remarks were sent to the donor.
- Law and order was disrupted, resulting in an unintentional criminal offense.
- The donated living space is not used for its intended purpose.
- Inaccurate information was found in the deed of gift.
- The court declared the donor incompetent at the time of drawing up the contract.
- The deal turned out to be fake. This means that the donor did not pursue the goal of a sincere desire to donate living space, but tried to avoid confiscation.
