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HomeLatest NewsDonate or bequeath?...

Donate or bequeath? What is the best way to transfer ownership to someone else?

Date: August 13, 2022 4:22 pm

In order not to pay taxes on the apartment transferred to a relative, you can write a will or draw up a donation agreement. At the same time, you should not use such schemes to avoid taxes if the home is for sale. Konstantin Krokhin, a lawyer and president of the Moscow Union of Housing Organizations, told Vechernaya Moskva this.

The expert pointed out that in the event of free transfer of housing to relatives under a donation contract, the transaction will not be taxed.

– If the donation occurs between relatives (especially between first-line relatives), then the home is not taxed. That is, if a person gave an apartment to her son, grandmother, mother, brother, there is no tax in this case, the specialist emphasized.

The same happens if the apartment is given to relatives by will, the lawyer said. Therefore, it does not matter in what way to give housing to a loved one, the interlocutor of “VM” noted.

When donating to a stranger, you will have to pay taxes, the specialist noted. It happens that they try to sell an apartment, making a deal as a donation, Krokhin specified.

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– If these are not relatives, then the same taxes arise: a person of inherited property will pay a tax of up to 30 percent, donations can also be taxed. If the buyer is offered to buy an apartment under a gift agreement, then this is an attempt to circumvent the tax: a person sells a home that he owned for up to five years. He offers to donate an apartment, but then the tax arises from the donee. When selling, there is no rate increase: the owner will pay 13 percent and the buyer will pay nothing. If the donation is not between relatives, then it turns out like this: the seller will not pay tax, and the donee will pay at a higher rate, warned the specialist.

Krokhin emphasized that if the apartment was taken out of possession under a donation agreement, but the people are not relatives, the regulatory authorities always have doubts about the true intentions. They can dispute a suspicious transaction and not only collect additional tax, but even cancel the contract, the lawyer concluded.



Source: vm.ru

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