The need for gratuitous transfer of real estate, in particular an apartment, house, cottage, arises, in most cases, within the family. But based on the practice of the United States of America, donating or donating property to various organizations is a very common practice. The donation of a real estate in Russia requires not only the will of the property owner, but also the consent of the person to whom the gift is transferred. Drawing up a donation agreement for an apartment is a necessary legal procedure for the legal transfer of ownership. The content of the contract and the status of the parties to the contract in relation to each other is of the most importance. Transfer of real estate to a third party will cause the need to pay income tax to the donee. The amount of tax depends on the legal status of the citizen, either it is 13% for residents of the Russian Federation (persons staying in Russia for more than 183 days during the year), or 30% for non-residents of the Russian Federation, that is, foreign citizens. It is not necessary to draw up a donation agreement with a notary, with the exception of cases of donation of a share if only one of the share owners participates in the transaction or one of the parties to the transaction is a minor.
Our company offers you prompt assistance in drawing up a donation agreement and additional instructions for completing the transaction in a simple written form. Many people are mistaken when they think that a donation agreement requires notarization. Such an action is carried out only at the request of the parties and does not constitute a mandatory procedure in Russia, with the exception of donating a share of the property with the participation of one share owner or participation in the transaction of a minor.
Donation of a real estate in Russia
If the donation of an apartment or other immovable property is carried out between close relatives and not only close relatives, but also, with a third party, the contract can be drawn up in simple written form, which is directly provided for by Article 574 of the Civil Code of the Russian Federation. To draw up a donation agreement for an apartment, the following information and documents are required:
- A scanned copy of the certificate of state registration of rights or a copy of an extract from the USRN. If you are unable to obtain these documents, our lawyers will help you in negotiations with the owner in Russia;
- Scanned copies of passports of the parties to the contract, both the donor and the donee. Registration of the translation of the passport of a foreign citizen participating in the agreement, our company offers a separate service for translation and notarization of the document autonomously, without visiting the translation agency and notary;
- A scanned copy of the SNILS of the parties to the contracts, this rule appeared recently and a separate line in the real estate register is reserved for the SNILS number. In case of loss or absence of SNILS, we can help you to issue a duplicate of SNILS or to issue this document;
- The cost of drawing up a donation agreement for an apartment is 250 euros, regardless of the property; Our experts will help you donate real estate in Russia;
- They will tell you what documents are needed to draw up a donation agreement and which are not;
- Advise on the issue of drafting a donation agreement for a share of an apartment, as well as gratuitous transfer of other property;
- We will collect and receive the missing documents.
The above list of documents is sufficient to obtain the necessary information required when drawing up a donation agreement. If you still have questions, write to us in the chat in the lower corner of the screen or send a message to the company's e-mail, or use the feedback form, which you can see below:
Donation of a real estate with the participation of a notary is not relevant
If you decide to contact a notary with the task of drawing up a donation agreement for an apartment or other object, you will be shocked by the difference in the cost of a notarized agreement from an agreement drawn up in a simple written form. Since the notaries will not accept the agreement drawn up by you or the lawyers of any of the companies providing such services, and if you are still lucky and your agreement is accepted, the cost of the service will not decrease by one ruble, despite the absence of so-called legal and technical work.
The list of documents required from you will be much wider than that stated at the beginning of the article, and since either the donor or the donee can be a foreign citizen, the list of documents will be even wider. The notary charges more than 500 euros for his services, and the waiting time for the contract will take a considerable period of time. An appeal to a notary is mandatory in cases where the donor is an elderly citizen of the Russian Federation, since your safety lies in observing all the legal nuances that are fixed by the notary.
Donation of a real estate is much more profitable under a contract in a simple written form
Our company offers you services for drafting a donation agreement, as well as advisory and practical support on the registration of the transfer of ownership of real estate objects, as well as when transferring other things as donations, including those of historical or cultural value.
Having the right to work directly with the Certification Centers makes it possible to issue an electronic digital signature for the Federal Service for State Registration of Cadastre and Cartography and to register the right under an agreement without leaving home. For a complete list of documents required for registration of an electronic digital signature, check with our employees by phone or chat in the lower corner of the screen.
The most important point in drawing up a donation agreement for an apartment is the transfer of rights to the entire apartment as a whole. Drawing up agreements on donation of a share of an apartment or house are subject to mandatory notarization if only one share owner participates in the transaction, if all owners participate, then registration takes place in a simple written form.