Saving on sales tax: how to transfer an apartment to a relative or another person

Why might you need to redecorate your house? This happens under various circumstances, including inheriting real estate or buying an apartment, when you need to change one owner to another. Most often, the new owner does not know how to become a full-fledged owner of the property, and this is a necessary condition for further residence and disposal of the resulting home.

Is it possible to “resign” real estate to another person without selling it?

One of the common ways to change the owner of an apartment in a high-rise building or a private house is the purchase and sale of a real estate property. But you have to pay taxes to the state on the income received from the sale of housing. This is disadvantageous for the property seller. Those who want to save money have a question about how to change the owner of an apartment without selling it.

There are several options to transfer real estate to another person:

• draw up a deed of gift . It is an option for free transfer of an apartment or house to another person. Regulated by articles No. 572-582 of the Civil Code of the Russian Federation. Donation and change of ownership of an object occurs during the lifetime of the owner;
• sign the exchange agreement . The procedure and features of concluding such a transaction are regulated by Articles No. 567-571 of the Civil Code of Russia. The exchange can be equivalent or made with an additional payment;
• make a will . In this case, the change of owner of the apartment takes place six months after the death of the testator. The procedure and features of drawing up a will and re-registration of ownership rights are regulated by Articles No. 1110-1175 of the Civil Code of the Russian Federation;
• conclude a privatization agreement . In this case, the property passes from state or municipal ownership to private ownership. This area is regulated by the Civil Code of the Russian Federation (Article No. 217), Law on Privatization No. 178.

To re-register an apartment to another person, you need to have certain grounds for this.

Exchange

In practice, apartment exchanges often occur within the same city, region or even country. It can be either without additional payment or with additional payment.

Step 1. Prepare documents.

For exchange, both parties to the transaction collect a package of documents for each subject of the contract, as in the case of purchase and sale.

Step 2. Draw up an agreement.

The peculiarity of this agreement is that the parties to the transaction act as a seller and a buyer at the same time. The agreement contains the same conditions as the above agreements. Notarization is not necessary; the contract can be certified at the request of the parties.

Step 3. Rewrite the apartment.

Where can I change the owner of an apartment or house?

Information about all real estate objects registered on the territory of the Russian Federation, as well as about their owners, is stored in Rosreestr. Therefore, to change the owner, you need to submit a request to this government agency.
Based on the submitted application and package of documents, the necessary changes will be made. To confirm the change of owner of an apartment or private house, an extract from the Unified State Register will be issued.

There are branches of Rosreestr in every region. Therefore, it is recommended to contact the structure at your place of residence. Another institution where it is possible to change the ownership of real estate is the Multifunctional Center. This is an intermediary organization. It provides a range of state and municipal services. MFC cooperates with Rosreestr.

The procedure for re-registration of ownership of an apartment is longer. This is due to certain time costs for sending documents. At the same time, submitting an application to the MFC is easier than to Rosreestr. There are fewer queues and appointments are by appointment only. It takes no more than a quarter of an hour to submit a package of papers.

There are also private companies operating in Russia that cooperate with Rosreestr and can carry out the procedure for re-registration of ownership rights to real estate on behalf of the client.

It should be noted that you can apply to change the owner of your home via the Internet. For this purpose, there is the State Services portal and the official website of Rosreestr. Submitting an online request is convenient for busy citizens or those individuals who, due to physical health conditions, cannot personally visit the branch of the registration authority.

How to legalize the redevelopment of a private house and avoid problems?

> > When purchasing a private home, everyone strives to bring not only comfort into the environment, but also to shape the space so that it can be used most comfortably.

Sometimes it is required, but not everyone knows that such actions cannot be performed without permission. To make changes to the building plan, permission from the administration is required, otherwise your actions will be illegal. We will tell you how to legalize the redevelopment of a private house and register it in our article.

Even if changes have already been made to your home, it is never too late to formalize everything according to the law, otherwise you may face the need to restore the previous appearance of the house and a fine for unauthorized actions. Contents of the article: Many people wonder why such actions need to be formalized at all, because the person is the owner and can independently

List of required documents

To re-register an apartment to another owner, you need to prepare a certain package of documents. The exact list can be obtained from Rosreestr employees. The set of papers can be basic or additional. The list of required documents depends on the specific situation. Both parties to the transaction must appear for the re-registration of ownership of housing.

In any case, the following documents are required:

• civil passports of both parties;
• extract from the Unified State Register of Real Estate;
• title document. This could be a deed of gift, an agreement of exchange or privatization, or a certificate of inheritance.

Additionally, the following documents may be required:

• permission from guardianship and trusteeship authorities. Necessary if the transaction involves minors or incapacitated citizens;
• consent of husband/wife. Must be certified by a notary office. Required if the alienated apartment was acquired during marriage.

It may take a long time to receive some documents. Therefore, it is recommended to prepare a set of papers for Rosreestr for re-registration of ownership of real estate in advance.

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How to properly re-register a house or apartment: procedure

Having decided to transfer an apartment or house to another person, you need to understand how to do it.
If you do not act within the law and do not take into account certain nuances, you may encounter a number of problems. You need to know the provisions of the Housing and Civil Codes. Procedure for re-registration of real estate:

• decide on the type of contract under which the apartment or house will be transferred to another person;
• enter into a transaction that will give the right to change the owner of the residential premises;
• prepare a package of documents for re-registration of the apartment;
• contact Rosreestr or MFC with an application and a set of papers;
• pay the state fee;
• wait for changes to be made to the Unified Real Estate Register;
• receive an extract from the Unified State Register of Real Estate. This document confirms that the apartment or house has become the property of another person.

Expert opinion

Irina Vasilyeva

Civil law expert

When choosing which agreement to conclude to change the owner of real estate, it is necessary to take into account the presence of family ties, and whether the housing is in public or private ownership.

For a son, daughter, other close relative

Most often, re-registration of rights to an apartment occurs between close people. Therefore, the question of how to re-register an apartment in the name of a relative is relevant.

You can transfer housing in any way: donation, exchange, will. As a rule, citizens choose the first option. It is beneficial to enter into a gift agreement between close relatives. In this case, you will not need to pay income tax in the amount of 13% of the price of real estate.

You need to understand who can be considered a close relative. According to the Russian Civil Code, this category includes the following persons: grandparents, their granddaughters and grandchildren, parents and children, brothers and sisters, husband and wife.

Procedure for drawing up a donation agreement:

1. obtain the successor's consent to the gift;
2. prepare a package of documents. It includes an extract from the Unified State Register of Real Estate, a civil passport of the home owner, title papers for real estate, an extract from the house register, etc.;
3. draw up and sign a gift agreement. It is not necessary to certify it. The exception is when one of the parties to the transaction is incapacitated or a minor, when a share of the apartment is donated.

Next, you need to contact Rosreestr, following the standard algorithm.

On a stranger

It is also possible to re-register an apartment in the name of a stranger on the basis of a gift agreement. In this case, you need to follow the algorithm given above. But we must take into account that you will have to pay personal income tax.

You can also enter into an exchange agreement. According to it, each party undertakes to transfer to the other their real estate. If the apartments are of equal value, then you will not have to pay anything extra.

Procedure for drawing up an exchange agreement:

1. find a person who also plans to exchange his apartment for other housing;
2. negotiate with him to conclude a deal;
3. collect the necessary papers. This list includes title documents for housing, civil passports of the parties to the transaction, extracts from the Unified State Register of Real Estate and the house register;
4. draw up and sign an exchange agreement.

Next, you need to register the concluded transaction with Rosreestr. Based on the results, extracts from the Unified State Register will be issued for each of the parties.

Purchase and sale

You can sell an apartment to absolutely any person or organization. To find a buyer, you can place an ad online or contact a real estate agent. Next, we presented instructions for independently conducting a transaction for a private apartment.

Step 1. Appraisal of the apartment.

Since the apartment lease transaction is of a paid nature, it is necessary to realistically assess its value. When selling, you can rely on the results of a cadastral valuation, but they do not always satisfy the owners or buyers of real estate. Therefore, it is worth contacting specialists to conduct an independent assessment of the apartment and determine its market value specifically for the period of sale.

Don't agree with the cadastral value of your property? Fill out the form to the right and our highly qualified attorney will tell you how to challenge the results of a government assessment.

Step 2. Prepare documents.

When buying an apartment with a registered child, the new owner takes on a big risk. Since he will not be able to discharge him without providing similar housing.

These documents are collected directly by the owner. The future owner should carefully study all the documents, and pay special attention to the USRN extract.

The buyer will only need a passport and the consent of the spouse.

Step 3. Draw up a policy statement.

This agreement is drawn up in simple written form, but in compliance with certain requirements. He contains:

• details of the seller, buyer;
• information about the apartment: address, location in the house, area, number of rooms;
• transaction price;
• payment method (cash, non-cash);
• payment method (one-time payment, installments);
• conditions for re-registration of ownership (after payment of the entire amount, after the first installment);
• rights, obligations of the parties to the contract;
• liability for breach of contract;
• additional conditions.

It is also necessary to draw up a transfer deed, which will be an annex to the agreement.

For the agreement, you will additionally need the buyer’s passport and the consent of the spouse (if he has one).

You can draw up this agreement yourself; notarized confirmation is not required, except in cases where one of the parties to the transaction is a minor child, incapacitated, the documents will be sent by mail, or when a share in the apartment is being sold.

Step 4. Register ownership.

Features of re-registration of ownership rights to property after the death of the owner

Re-registration of ownership of housing after the death of its owner is carried out, as a rule, on the basis of a will. This document expresses the last will of the deceased. It contains information about who will inherit the apartment or private house.

It happens that a citizen does not leave a will. In this case, his real estate is distributed among his heirs according to the law. As a rule, they are close relatives. In any case, it will be possible to re-register the apartment as a property only after six months. This period is given for the legal heirs to make themselves known.

If the owner of the apartment has decided to leave real estate to a specific person or group of people after his death, then he needs to act according to the following algorithm:

• decide on the heir;
• collect a package of documents. You will need title papers and a passport;
• contact a notary office to draw up a will.

To receive real estate under a will, you must proceed in the following order:

• prepare a package of documents. It includes an extract from the Unified State Register of Real Estate, a passport of a citizen of the Russian Federation, the original will, the death certificate of the home owner, documents confirming the relationship with the deceased;
• contact a notary office. Submit an application for inheritance rights and provide the collected documents;
• pay a fee to the state;
• obtain a certificate of inheritance.

Next, you need to contact Rosreestr to re-register the apartment.

I bought a house with a receipt. What should I do to re-register documents in my name?

1.1. Hope. In your situation, you will not be given ownership rights by receipt; you should find out what documents are available for the house. If you need help resolving your issue, please contact me, I will be happy to help you.

1.2. Contact the MFC, submit documents, but they may not accept a receipt; it would be nice to have a purchase and sale agreement, if possible. You also need to pay a state fee.

2.1. A garage is a non-residential premises. If the land is not owned, at any time the owner of the land can issue an order to vacate the land. plot.

3.1. If the house is still mortgaged, you will not be able to re-register it.

4.1. Compulsion to conclude any transaction is prohibited by Art. 421 Civil Code of the Russian Federation. The administration forces you to enter into a donation transaction to one owner.

4.2. In this case, the local administration is acting illegally, because there is no law obliging you to do such a re-registration.

5.1. If you own a plot of land, you can divide it, but you should take into account the minimum sizes of land plots established in your region in accordance with the category and purpose of the land.

You will need to contact a cadastral engineer to prepare a diagram, then to Rosreestr with an application for the division of land plots, registration of newly formed plots with cadastral registration and registration of ownership.

6.1. You need to go to court with a statement of claim to establish a legally significant fact, i.e. recognize that the person indicated on the documents for the house and on the death certificate is one and the same person.

7.1. Of course you can, but what do you think could be the problem?

9.1. A power of attorney can be issued from him to another resident, certificates from the head physician of the hospital.

10.1. Can. YOU are the owner, sell. The plot is registered. There is no need to do any land surveying..

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

11.1. If I understand you correctly, the house belongs by right of common shared ownership to three owners, but in fact it is divided into three apartments, each apartment has its own entrance? You have built an extension to your apartment.

In this case, in the absence of consent of the other two owners, the dispute can be resolved in court. It is necessary to file a claim for recognition of the house as a three-apartment house of a blocked building, division of the house in kind, termination of the right of common shared ownership, recognition of your ownership of the apartment in a reconstructed form, recognition of each other owner of the right of ownership of the apartment.

If the initial data of your situation differs from those I provided, please clarify the information.

12.1. For more accurate advice, it is advisable to see the documents for the house and land, and see the purpose of the land plot and house. It is possible that you do not need permission.

12.2. Either sell, indicating the old meters, or first legalize the reconstruction (most likely this will only happen through the court), and then sell.

13.1. Tatiana. You need to make a request through a notary to send information with the house number, if this is not the case, then the notary will refuse to issue you a certificate of inheritance and you will need to file a statement of claim in court to recognize the ownership of the house by inheritance.

13.2. Tatiana. Good afternoon. Most likely, you will have to apply to the court with the help of a lawyer to recognize the right of ownership through inheritance. To do this, you need a refusal/decree/ from a notary. You can always find a way out of any situation. Good luck to you and all the best in your endeavors.

13.3. Tatiana! This is an obvious mistake by the BTI when issuing the certificate. The only way out is to apply for a second certificate.

14.1. If the house is recognized as unsafe, then you must be included in the relocation program. Submit the appropriate applications to the administration.

15.1. Well, every lawyer has his own prices. You can contact this lawyer and clarify the cost of his services. Good luck to you and all the best.

16.1. Why do you want to re-register? If you intend to divide, then you can make a division in which you will have to write down what will go to whom.

Well, if you want to become the owner instead of your husband, then in this case it is recommended to draw up a gift agreement in simple written form, which must subsequently be registered with the registry office.

16.2. You can enter into an agreement with your husband on the division of joint property. In this agreement, state that everyone is entitled to 1/2 share. This agreement must be certified by a notary.

17.1. According to Art. 556 Civil Code of the Russian Federation, paragraph 1. The transfer of real estate by the seller and its acceptance by the buyer is carried out according to a transfer deed or other transfer document signed by the parties.

Since you transferred the funds (most likely) and signed the transfer and acceptance certificate (it is not clear from your question whether you paid for the house and land), the transfer of ownership actually took place, but de jure not, since it is not hgjikf registration.

According to clause 1. Art.

551 of the Civil Code of the Russian Federation The transfer of ownership of real estate under a real estate sale agreement to the buyer is subject to state registration. Thus, you are the copyright holder of the property, you have fulfilled your obligation to transfer funds, and the Seller is satisfied.

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

In case of refusal to register, you have the right to demand damages, registration or a refund from the Seller. It is better to take consent from the previous owners.

17.2. Until the Garage is re-registered, that is, until you YOURSELF receive an extract about the property right registered to you in the GAME, an attempt to open it, this will be a criminal offense, because you are considered the owner only from the moment of registration in the Russian Register.

18.1. Your question is not clear. BTI is engaged in the preparation of technical documentation for the property. What documents are we talking about? Formulate the question more correctly or contact a lawyer individually.

18.2. Please formulate your question more specifically. What kind of documents were submitted to the BTI? For what purpose? If you submitted the documents, what kind of receipt were you given?

18.3. you have a judicial perspective, go to court with a claim for recognition of ownership of the house - involve the BTI and Rosreestr, for a complete answer, contact a lawyer, the question does not contain enough information, Art. 304 of the Civil Code of the Russian Federation.

19.1. To re-register from father to mother or another close relative, it is necessary to apply to the court to establish ownership rights through inheritance. Call. I am in Kaluga.

How long does re-registration take?

How long the procedure for re-registration of rights to an apartment will last depends on where the citizen applies. The fastest way to re-register is in Rosreestr.

Here you can receive an extract from the Unified State Register of Real Estate a week after submitting the request. If you contact the MFC, the title document for housing will be issued two days later.

You will have to wait approximately the same amount if a citizen decides to submit a request to the registration authority through a private company.

How much does it cost to change ownership and where is it cheaper to arrange it?

Re-registration of ownership of real estate is a paid procedure.
You need to know how much it costs to re-register an apartment for another person. This will allow you to prepare for financial expenses in advance. A state fee is charged for the re-registration of housing ownership rights in Rosreestr and the MFC. The current fee for individuals is 2,000 rubles (clause 22 of Article No. 333.33 of the Tax Code of the Russian Federation). When contacting private companies, you will have to pay more: in addition to the fee, money is charged for the work of a specialist.

Thus, the basis for re-registration of rights to real estate to another person is a transaction under a purchase and sale agreement. But this is unprofitable financially, since the recipient of the money for housing will have to pay income tax. Therefore, contracts of exchange, donations, and wills are often drawn up. Re-registration of property rights is carried out in Rosreestr or MFC.

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How to register a donation of land

Before you issue a deed of gift for a plot of land in the name of your son or daughter, you need to understand the registration procedure itself. Land is an object of special regulation by the state. When making transactions with this property, many factors are taken into account, for example, the intended purpose of the land plot (for development, agricultural activities, etc.), shared ownership and other nuances.

According to the current Russian legislation (Civil Code, Art. No. 260), only entities that are its legal owners have the right to donate land. At the same time, the land plot should not be limited in civil circulation or seized.

Land also refers to real estate. Therefore, after concluding a gift transaction (Civil Code, Art. No. 131), the land plot must be registered in the State Register. At the same time, the state collects a tax, which amounts to 350 rubles for the whole plot, and 100 rubles for a share. ( NC, Art. No. 333, paragraph 33).

Real estate located on a land plot (residential building, garage, other buildings), which is the property of the donor, also becomes the property of the donee (Law, Art. No. 35) . At the same time, relatives who receive land with a house as a gift are exempt from paying income tax on this property (Tax Code, Art. No. 217, clause 18, clause 1).

The procedure for donating land shares is somewhat different. A share is a share of land that is in agricultural use. A deed of gift for a share can only be issued in the name of another shareholder (Federal Law No. 101, Art. No. 12 – 07/24/2002).