Дарение недвижимости

Автор: admin  //  Рубрики: Азбука недвижимости

Оформление дарения недвижимости.

 

Оформление дарения недвижимости.

Наверное каждый из нас любит дарить, а тем более получать подарки. Ведь данный процесс позволяет обеим сторонам испытать самые сильные эмоции.

И, тем не менее, не всегда сделать подарок бывает просто. В том случае, когда в виде подарка выступает объект недвижимости, стороны обязаны выполнить ряд действий, предусмотренных законодательством.

Сегодня мы с Вами рассмотрим вопрос оформление дарения недвижимости.

Договор дарения  - это передача имущества в дар на безвозмездной основе. Естественно это касается и недвижимости. Согласно требованиям Гражданского кодекса данная процедура не должна предусматривать каких - либо расчетов между сторонами сделки.

Если же дарением маскируется продажа недвижимости, то сделка, естественно, признается недействительной.

Условия заключения договора дарения

На момент, когда планируется оформление дарения, у дарителя, конечно же, должно быть оформлено право собственности на имущество. А сам даритель не имеет право ставить другой стороне каких-нибудь условий, как при составлении завещания.

Все права на имущество, в случае завещания, переходят только после смерти нынешнего владельца. В случае же с дарственной ситуация намного сложнее – даритель лишается всех прав на недвижимость с момента подписания договора дарения.

Естественно, что при оформлении договора, даритель не должен испытывать ни каких сомнений в своих действиях. Если это не так, то лучше перенести сделку до лучших времен.

Дарителю нельзя указывать условия, ограничивающие право распоряжаться «даром». То есть запретить продавать подаренное имущество или передарить его другим лицам не получится.

Однако иные условия, не ущемляющие права одаряемого, вносить в договор не воспрещается. Например, пункт о вступлении в права собственности после успешного окончания учебы – вполне закономерен.

Договор дарения подлежит обязательной государственной регистрации, а вот заверять его у нотариуса вовсе не обязательно.

Нужно ли согласие супруга при заключении договора дарения? Да, если имущество приобреталось в браке и является общим. Нет, если это личная собственность, которая  была получена при приватизации, наследстве или дарении.

Необходимо помнить, что договор дарения отменить довольно сложно. А вот если собственник недвижимости захочет ее подарить какому-то другому лицу, то родственникам противиться этому будет очень сложно.

В случае, когда планируется подарить квартиру, в которой проживают дети, получение разрешение на это органов опеки и попечительства – обязательно.

Часто для некоторых лиц бывает неприятным сюрпризом тот факт, что они не имеют право выступать в роли дарителя или же наоборот, принимать в дар недвижимость. К примеру, в роли дарителя не могут выступать законные представители малолетних, а так же, недееспособных граждан.

Объясняется это просто – в результате этой операции имущество детей или недееспособных граждан уменьшается, а соразмерной компенсации нет.

В то же время в роли одаряемых не могут выступать работники лечебных или воспитательных организаций в случае, если даритель находится у них на лечении или воспитании.

Не могут быть ими и работники госслужб, когда дарение объектов недвижимости связано с их служебным положением.

А вот лица без гражданства или иностранные граждане не могут получить в дар земельный участок на территории Российской Федерации.

Налоги при операциях дарения 

При вступлении в силу договора дарения сторона, получающая права на недвижимость, обязана уплатить налог, величина которого зависит от стоимости имущества и наличия родственных связей между участниками операции.

Если операция дарения происходит между супругами, или оба участника на момент ее проведения проживают в квартире, выступающей в роли дара, то налог не уплачивается.

В остальных же случаях лицо, получившее недвижимость по договору дарения, обязано уплатить налог на доход от этой операции в размере 13% от ее стоимости.

На первый взгляд процедура дарения кажется довольно сложной. Однако выполнение сторонами требований закона – является лучшей защитой от возможных досадных недоразумений.

Надеюсь, данной статьей, я смог ответить на Ваши основные вопросы, связанные с оформлением дарения недвижимости.

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Дарственная, дарение недвижимости

 

 

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209 комментариев к записи “Дарение недвижимости”

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    Важная и серьезная статья! Многие люди либо дарят, либо им даруют!

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