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A receipt for receipt of money for an apartment is a necessary and obligatory document when making a transaction for its purchase. This is in fact the only written evidence that funds were transferred by one party and received by the other. Therefore, you should not transfer them without documenting them.
A receipt is not an independent document, since any transaction must be sealed by an agreement. Therefore, the text of the receipt must indicate its details as the basis for payment in cash for the purchased property. Receipt of money is confirmed, both under the main purchase and sale agreement and the preliminary agreement.
It is drawn up in only one copy on behalf of the seller and is kept indefinitely by the buyer, confirming receipt of cash.
How to write a receipt for receiving money for an apartment?
Citizens, when paying in cash under a transaction agreement for the sale of an apartment, must make a receipt.
According to civil law, it must reflect the following points:
- date of receipt in words;
- information about the parties to the purchase and sale agreement on the basis of which cash payments are made (full name, passport details, place of birth, registration information);
- in the case where the interests of the seller are represented by an authorized person, the receipt indicates his data and details of the notarized power of attorney, on the basis of which he has the right to receive funds (Article 185 of the Civil Code of the Russian Federation).
You should make sure that the receipt indicates the authority of the person acting under a power of attorney to receive money specifically under a specific apartment purchase and sale agreement.
- the amount of transferred cash is indicated in numbers and in words in rubles or the ruble equivalent, the currency is determined in the transaction agreement itself (clause 1 of article 424, article 317 of the Civil Code of the Russian Federation);
- the purpose of transferring money, indicating information about the object of acquisition (apartment and its exact address);
- The details of the agreement in accordance with which the transfer of funds is made must be specified;
- in case of final payment, the receipt must contain a record indicating this and the absence of claims for payment on the part of the seller;
- if funds are transferred partially as payment under a purchase and sale agreement, then it is necessary to indicate how they were received (partial payment, deposit or advance). A separate receipt is issued for the remaining amount.
In order for the receipt to have legal force and be able to become evidence in court in controversial situations, the following conditions must be adhered to:
- drawn up and signed by the seller himself in full;
- a complete decoding of the recipient's signature is required;
- blue ink is used from a ballpoint pen so that there is no doubt that this is not a copy (a copy of a receipt is insignificant);
- Errors and corrections are not allowed.
What to pay attention to
Using the sample presented above, the parties should also follow the rules for drawing up a receipt so that it is not subsequently recognized as void and without legal force. These rules include:
- The owner of the property writes the text of the document in his own hand. Typing using a computer or other typewriting means is prohibited;
- If the receipt is written by an authorized person, then the authenticity of the power of attorney should be checked at the notary’s office, since the owner has the right to revoke it at any time;
- The seller must write the document in the personal presence of the buyer;
- The author's signature on the document must be verified with his signature on the passport. They must match;
- Refunds will be made only upon termination of the transaction by agreement of both parties;
- If the buyer has any doubts, the receipt can be notarized.
Witnesses when calculating the deposit
The transfer of funds can take place in front of witnesses, which reduces the risk of challenging it. More often than not, the buyer is interested in this. The receipt must contain information that the process took place in the presence of witnesses and their personal data in strict accordance with personal documents.
To confirm the fact of transfer of money, two witnesses who have an opinion independent of the participants in the transaction are sufficient. Their presence is indicated in the receipt and certified by personal signatures with a transcript.
Sample deposit for an apartment
Extract from the Unified State Register of Real Estate
An extract from the Unified State Register of Real Estate is proof of ownership of the property. A certificate of registration of rights is a conditional document that requires confirmation. Before transferring the deposit or drawing up a receipt, you must verify the rights of the owners. A fresh extract from the Unified State Register of Real Estate will allow you to clarify information about the owners of real estate, the absence of encumbrances, and arrests. You can order an extract online via the Internet. The price of the service is 250 rubles. At the same time, you should not trust the electronic statement provided by the buyer, since it is possible to edit the data and enter false information.
Nuances of registering a receipt
- For a minor child under 14 years of age who is the owner of an apartment, funds to pay for the cost of the property being sold are received by his representatives by law (parents or guardians). Their presence is required when transferring money; they also write a receipt. At the same time, they indicate their personal information and the child’s. The child does not have to be present during the transaction.
- A minor child who has already received a passport writes a receipt in his own hand indicating that he received the amount of money in the presence of one of the parents. The receipt is certified by the child’s personal signature. Legal representatives must also provide their details and sign.
- If there are several sellers, then each is required to write a receipt on his own behalf indicating his specific share of the transaction.
- The receipt does not require notarization. However, the parties, by mutual agreement, can contact a notary to confirm the fact of transfer of funds. Then the document will have stronger legal force.
The receipt has no statute of limitations and must be kept by the buyer. You should not submit its original to the tax authority or Rosreestr. Only the original is a legally significant document that can serve as evidence of the transfer of cash during legal proceedings, as well as when receiving a tax deduction.
Features of the document
A receipt is drawn up unilaterally. After registration, the document is transferred to the second party to the transaction. The latter will keep it until the terms of the guarantee are fulfilled. Based on the receipt, the beginning and end of legal relations are established. It is required to be drawn up when a certificate is required for any action or event. From the moment of registration, a person has responsibilities.
The receipt is drawn up in writing. It should contain all information relevant to the case. In some cases, the paper must be certified by a notary. This is relevant when a large amount of money is transferred. However, certification occurs at the request of the transaction participant. The receipt is similar in its functions and purpose to a loan agreement.
Sample receipts are not approved by law. However, the document usually has a stable structure. It contains these mandatory details:
- Information about the person who has undertaken the obligations.
- Information about the person in respect of whom the receipt is being filled out.
- Date of completion.
If the paper does not contain all the necessary details, it will not be considered valid.
When is it necessary?
If the purchase of a car is made directly from the owner, the entire amount is paid at once, and the vehicle is deregistered, then a receipt will not be needed. But more often other situations arise when drawing up a receipt is necessary:
- The car is purchased in installments or a deposit is paid before the main transaction. For example, a buyer has chosen a car, but at this particular moment in time he does not have the required amount with him. To prevent someone else from buying the car, a deposit is left to the seller, and a receipt is taken from him for receipt of funds.
- If the car has not been deregistered, then until it is re-registered to a new owner, the only document confirming the fact of transfer of money may be a receipt.
- When a purchase and sale agreement is concluded without direct contact with the owner of the vehicle, through a third party. A receipt for receipt of funds is required in case the owner of the car states that he did not receive any money.
- When, after purchasing a car, the only document confirming your right to use it will be a power of attorney. After all, the real owner can cancel it at any time.
- The seller asks you to indicate in the sales contract a lower amount than what you actually transfer to him. He needs this to do the tax office. Of course, you can meet them halfway, but be sure to ask for a receipt. After all, if for any reason the purchase and sale agreement is terminated, the seller can only return to you the amount that was stated in it.
In all cases, the receipt must be written by the person receiving the money. This document guarantees his honesty, confirming the fact of transfer of a sum of money. The purchase and sale agreement itself is not evidence that the transaction took place (read about why the DCP is needed and whether it can be restored here). It can be terminated even before the transfer of money without any consequences.
When for any reason the seller refuses to write a receipt, you can conduct the transaction by bank transfer. If you deposit the agreed amount into his bank account, the received cash order and transfer receipt can serve as confirmation of the transfer of money. And even if the check and order are lost, the bank can restore all transactions and confirm the fact of payment. But keep in mind that the bank will charge a commission, so a receipt is a more profitable option.
How to compose?
There is no official legal receipt form. It is drawn up in any form, but must contain the following information:
- document's name;
- Full name of the buyer and seller without abbreviations;
- full passport data of both parties (passport series and number, by whom and when issued, identification number, registration address);
- the full amount of the transaction (in numbers and words);
- characteristics of the car being sold (make, color, body number, VIN, title number);
- if a deposit is paid, its amount (in numbers and in words);
- signatures of both parties with transcripts;
- date of transaction.
A receipt is exactly the document that must be written by hand. After all, it is almost impossible to forge handwriting (which cannot be said about a signature), and this will be another proof that the seller received money for the car.
Witnesses (minimum 2) can be involved in drawing up a receipt , and information about them (full name, passport details) is entered into the document, which the witnesses fill out in person. Having witnesses is not necessary, but when a transaction seems suspicious, this is an additional way to secure it.
If a conflict situation arises, witnesses will be able to confirm that the seller wrote the receipt voluntarily, without coercion, and received the money in full.
When receiving money for a sold car
When selling a car, when the buyer pays the entire amount at once, this point must be indicated in the receipt. Examples of wording:
- “I received the money in full”;
- “payment has been made in full”;
- “I received the money in full in the specified amount, I have no complaints.”
To protect its interests, the buyer may require additional guarantees to be indicated in the receipt, for example, in the following form:
“I guarantee that at the time of signing this receipt the car has not been sold to anyone else, has not been pledged, is not in dispute or under prohibition (arrest) or wanted, and is not encumbered with rent, lease, hire or any other obligations. I bear full responsibility for failure to comply with this clause.”
When purchasing in installments
When selling a car in installments, a receipt must be drawn up, which must indicate the total amount of the transaction, the amount of the down payment received and the deadline for the remaining amount to be paid. The document also stipulates the buyer's responsibility for failure to fulfill obligations to pay in installments; this may even include the return of the vehicle to the seller.
Check out our other materials on the topic of buying and selling a vehicle and what documents are needed when selling a car. Read about how to draw up a transfer and acceptance certificate, about the pitfalls of buying a car without documents, as well as the need for a title and spouse’s permission during the transaction.
Receipt form for 2021
The receipt form for 2021 contains the following information:
- Name: “Receipt”.
- Date of document generation.
- Place of compilation.
- Seller's passport details.
- Buyer's passport details.
- Name of payment (advance payment, deposit, final payment).
- The currency used for settlements and the amount of money transferred.
- Address of housing with its brief description.
- Grounds for transfer of funds (DCT, preliminary agreement, agreement for payment of deposit)
- Signatures of witnesses (if necessary).
Before handing over the document to the buyer, it is recommended to check the text several times. This will reduce the time it takes to complete the transaction and eliminate the need to redo the receipt.
Receipt form for receipt of funds (WORD)
Receipt form for receipt of funds (PDF)
Questions to the expert
If you still have questions on the topic of debt obligations, you can find answers to them in the following sections.
How to repay a debt using a receipt
First of all, it is necessary to remind the borrower of his obligations. It is quite possible that he is ready to return the money, but some circumstances did not allow him to do so on time. In such situations, you can meet the debtor and give additional time.
If the borrower does not answer phone calls or does not intend to return the money, you need to prepare a lawsuit. Amounts up to 100,000 rubles are considered by magistrates. The standard process lasts about two months .
If the debt is properly documented, the judge will not have any additional questions and will make a decision in favor of the plaintiff.
What to do next if the debt is returned
Give the drawn up agreement to the former debtor or destroy it in his presence. In some circumstances, both parties decide to retain the guarantee, but specify in it that the amount is returned in full with a date for fulfillment of financial obligations. If the latter option is chosen, then the copy is given to the former borrower for storage.
Sample receipt for 2021
Next year you can use a sample document from the current year. No significant changes are expected. It is important that the text is written clearly and understandably. The amount of funds is written in numbers and letters to avoid double reading.
Sample receipt for receiving a deposit for an apartment (WORD)
Sample receipt for receiving a deposit for an apartment (PDF)
Below you can watch a video that will help you draw up a receipt for the deposit.
Receipt for tax deduction
After completion of the transaction, the new owner can receive a tax deduction for the purchased property. Part of the price for purchased housing is compensated by deductions from the individual’s earnings (personal income tax).
To receive a deduction, you will need to contact the tax authority at your place of residence with a receipt and other documentation confirming the transaction and final settlements. To receive a deduction, simply use the standard receipt form presented above.
The amount of the deposit according to the law
In general, the legislator does not directly indicate what the amount should be. But as a general rule, the deposit can range from 5% to 10% of the transaction amount. Of course, the final amount will be determined depending on the agreements between the seller and the buyer, but there are several pitfalls that you need to be aware of when determining the amount of the deposit.
Large deposit, for example, more than 10%:
- The buyer is more interested in making a larger deposit. After all, if he has finally found the home of his dreams, then he wants the deal to be completed successfully. And according to the law, the seller who has not fulfilled the terms of the contract is obliged to return it in double amount. Therefore, if you are buying a house and have found your ideal option, you can put down more than 10%.
- But sometimes the seller may also be interested in a large deposit. For example, when the price of a house is too high, or there are some difficulties with the design, there is a high probability that the buyer will leave. And to protect himself, the seller seeks to increase the amount of the deposit.
Small deposit, less than 5%:
- The seller is interested in such a deposit if he does not stop searching for a buyer, even after agreeing on the sale. Most often this happens when a person has not yet decided how much he wants to get for the house, and is trying to gain time to find a more profitable buyer.
- The buyer may be interested if he is afraid of encountering scammers and is trying to minimize risks. Another option is if he simply hasn’t decided yet and is looking for other options, in which case he can easily abandon the existing arrangement.