How to enter the house: order, price, complexity.


How to enter the house: order, price, complexity.


Often is the sale of real estate the owners decide to give it to their loved ones.

To make the deed, is not so simple: there are legal subtleties, the differences from a normal sale or inheritance.

After talking with the lawyers figured out how to make the deed, what is to be feared.

How to donate property (to make the deed)

The gift agreement is a written agreement that the property owner absolutely free of charge delegates the right of ownership to another person.

This is the main difference of purchase and sale from the donation. The giver cannot demand in return some compensation. Otherwise, the transfer of ownership should be formalized through a contract of life maintenance, inheritance, contract of sale, depending on the objectives of the parties.

Deciding to make the donation, the real estate is transferred to a new owner by executing a contract of donation. Bequest only after the death of the person taking the inheritance from her. In addition, in order to execute a process, requires the presence of representatives of both parties need more documents. The procedure therefore costs more.

Lawyer law firm “Lavrynovych and Partners” Natalia Massalova notes: one of the most common mistakes at the conclusion of the donation contract is the failure to comply with article 719 of the Civil Code of Ukraine (CCU) regarding the form of the document.

The contract of donation of real estate, currency values for the sum over 850 grn. (50-fold non-taxable minimum incomes of citizens), lies in writing, require notarization.

The deed to the house, the apartment is issued at the location of the property or the place of registration of the subject agreement (any).

To execute a process in 4 stages: verification of documents certifying the parties to the transaction plus the ownership rights of the owner of the apartment/house; check for being banned/arrest immovable property; preparation of the deed of gift, the signing of the contract about the fact of donation.

According to Dmitry, the only restriction enforceable by law: parents, adoptive parents, guardians do not have the authority to give property to children or their wards. According to the founder's property becomes the property of the recipient or the donor is obliged to transfer it later. Contract is executed immediately upon signing or may include conditions of transfer of immovable property in the property later (after coming of age, graduation, wedding...).

How to make the deed correct: important points

It is important to remember: if the housing is donated to one of the spouses in marriage, the second can not claim it. Property located in a common (joint) ownership carried out with the consent of the other co-owner. Otherwise within the limitation period (for gifts – 1 a) owner has the right to appeal against in court.

The most important aspect is the ownership of a private house (for example). If we talk about common ownership (multiple owners, each belongs to a certain part of the house), the owner has the right to make the deed to his share without someone's approval.

Allocate private share can be, notarially assured agreement of participants of joint ownership. Similarly the issue through the courts, a lawsuit on determining the amount of shares each of them in joint ownership.

To make the deed: the tax issues

Making the contract at the notary will have to pay stamp duty (1% of property value) plus a fee for the exercise of notarial acts – notary services.

The time of emergence of ownership rights the state registration of a gift of real estate. The legislation provides for state registration of the contract of donation of property rights in the State register of real rights to immovable property.

“The deed, ownership rights recorded with the state Registrar or a notary. As a rule, registration by the notary, who had previously attested the deed of gift. Provides for state duty”, – said the lawyer legal team LCF.

As a General rule, the recipient of the gift (the person to which you have a deed) shall be obliged to pay tax on income of physical persons in the amount of 5% of the value of the object.

The tax code equates to the transaction of gift between natural persons of operations for probate (p. 174.6 GCC). It is therefore important to residency and degree of kinship of natural persons. For example, if the gift to the citizen of Ukraine delivers a non-resident (foreigner), this operation will be subject to tax on income of natural persons of 18% plus a military fee of 1.5%. Registered in the FEZ “Crimea” are considered non-residents.

Giving property to more distant relatives of Ukrainians subject to 5% personal income tax + 1,5% military tax. To pay the outstanding taxes, the recipient of the gift is obliged after the submission of the tax Declaration at the place of registration. The requirement does not apply to foreigners (non-residents) who are required to pay to the notarization of the deed of gift.

According to the materials of UBR

 

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