gift tax

The free transfer of movable or immovable property from one person to another is called a donation. Because according to the law, the thing received as a gift is considered income, it is subject to the payment of tax. It is useful for everyone to know what the amount of this payment is and how to calculate it correctly so as not to have problems with public services.

Is tax paid on a gift deed?

To find out if a donation tax is paid on an apartment, you need to seek help from the Tax Code of the country, which clearly states that any income of a citizen is subject to it. If you donate an apartment or a car, the donee will receive income, which will lead to the payment of income tax, which is 13% of the value of the property. Such a price is prescribed either immediately in the donation agreement, or is calculated based on the type of donated property. Money received from relatives or other people is not subject to payments, donations between organizations are prohibited.

real estate

Taxation when donating real estate to close relatives depends on the value of the apartment indicated in the contract. If the line with this data is missing there, or the donor does not know the exact value of the object, then the payment is calculated from the BTI inventory estimate. Even if not the whole house is donated, but part of it, a room from a communal apartment, the payment will also apply to them, only calculated from the monetary value of this part.

car

The car gift tax is also paid, because the car is considered property that is subject to its income type. The amount of payment is calculated from the market value of the vehicle, from which 13% is taken. In order to properly comply with the law, the donee individual submits a 3-NDFL certificate to the Tax Service by the end of April of the next year, and the payment is made by mid-July. If the donee received a car as a result of a lottery or drawing, he still makes this payment.

Shares, shares and shares

The gift tax is also paid when the donee receives securities, stocks, shares and shares in the statutory enterprise. Income tax is paid by the donee, the donor does not make payments, but may receive a letter from the Internal Revenue Service that they have been submitted. To this they should send an explanatory note that it was a donation agreement. The amount of income tax on shares will have to be paid at a rate of 13%, the standard rate for all types of gifts.

Taxes when donating real estate to close relatives

People may wonder if tax is paid when donating an apartment to a relative. This point is important to keep in mind, because if the donor is a close relative, then the donee is exempt from payment. Close relatives include:

husband, wife, parents, daughters, sons, even adopted ones;
brothers, sisters, grandparents.

The difference between inheritance by will and gift is the benefit of the latter for the donee, because he receives the property immediately and can dispose of it after the transaction is registered. According to the will, the owner of the property is considered as such until he dies, which limits the rights of heirs in relation to the use of an apartment or car. Even if the owner writes only one recipient of the property in the will, other close relatives can still claim it.

not relatives

Aunts, uncles, cousins and brothers are not close relatives, and therefore the gift tax rate with their participation is full. You can avoid paying by making an act of donation not directly - between an aunt and a niece, but by two transactions - from an aunt to a sister, from a mother to a daughter. It will take some time for the registration of transactions, their entry into force, but it will help to do without payment.

What tax is paid when donating real estate

The calculation of the amount required for payment upon receipt of the donated real estate is carried out at a fixed rate of 13%. Benefits do not apply to it, so if the donee is a pensioner or disabled person, he is obliged to make a payment at the full rate. An exception when registering a donation agreement is consular employees together with their family members - the right to be exempt from tax is assigned to them by decision of the Vienna Convention.

There is a clause that the value of the donated real estate in the contract should not differ from how much it costs on the market by 20 percent or more. If such a difference occurs, the payment is calculated from a larger amount - the inventory value established by the BTI. If a land plot with a house is donated, then both objects will be included in this cost, and the payment base for land will be equal to the price of the land plot handed over.

The law establishes fixed dates for filing a declaration and making a payment, in case of non-compliance with which you can receive a fine. In case of delay in filing the declaration, the fine is 100 rubles, but if, taking into account it, the recipient does not pay the amount on time, then he will be charged a fine equal to 20% of the payment. Unintentional payment is considered in case of repeated delay, which entails a fine equal to 40% of the payment.

Payment is made by submitting documents to the Tax Service:

documents for the right to own property;
the donation agreement itself;
act of acceptance and certificate of BTI, if real estate is donated;
passports of all parties involved;
marriage certificate, when the contract is concluded between the spouses;
declaration for the year.

Employees of the Tax Service receive documents, calculate the amount of tax and send it with a receipt. There will be a date after which the payment will be considered overdue. Payment can be made through any bank. Some people can contrive not to pay income tax by drawing up not a donation agreement, but a fictitious sale and purchase with a conditional transfer of money.

When concluding such a transaction, the donor-seller does not pay tax, provided that he owns the property for more than 3 years. When selling real estate that was registered with the owner for less than 3 years, a payment is made in the amount of 13% of the value of more than 1 million rubles from the price of apartments. The downside of such a deal is its fictitious nature, pursued by the Criminal Code with appropriate punishment for both parties.

You can refuse the transaction, for which you should write a statement. This must be done before the contract is signed and submitted to the Registration Chamber, otherwise you will have to write another one with an explanation of the refusal. Not only the donee can refuse the transaction - the donor has the right to do this before the official registration of the contract for the following reasons:

changes in the state of health, position, standard of living;
unlawful actions of the donee, proven in court, committed by him in relation to the donor or members of his family;
damage or loss of real estate in connection with the actions of the donee.

personal income tax of a resident of the Russian Federation

If a person is considered a resident of Russia, then the personal income tax rate when donating an apartment to a close relative is considered to be 13%, without any benefits and deductions. A resident is a person who is a citizen of a country, has its passport and stays here for more than 183 consecutive days. When the official place of residence of a citizen is outside the country, then he must make a payment until the transfer of the apartment to the property.

Personal income tax rate for non-residents

When paying the gift tax by a non-resident of the Russian Federation, its rate rises to 30% of the total value of real estate. A citizen of the Russian Federation can be a non-resident if he is not here for more than 183 days in a row, so to reduce the rate, you need to take this factor into account in order to be able to reduce income tax to 13% if you have a country passport. If a gift is given by a foreigner, the rate of payment may vary depending on the established agreements between these countries.