Does the gift between close relatives not be taxed or taxed?
Recently, the donation betweenclose relatives. A tax is not levied on such a gift or is it paid in this situation? This should be considered before the conclusion of the transaction. After all, payments, if they are required, can cost a fortune. And then in the donation there will actually be no special meaning. Especially when it comes to needy or dysfunctional families.
Introduction
But first let's figure out what isa gift agreement (between close relatives and not only)? What is it about? And why does the question of taxes arise? The thing is that the gift agreement is a kind of agreement concluded on a voluntary basis. It serves specifically to transfer some kind of real estate or any other objects into property from one person to another. Usually these are cars and apartments. And a gift is given between close relatives. Is this tax not taxed or taxed? The question is not so complicated. Please note that the owner has the right to give what he has to any person. It can be not only relatives (close or distant), but also just strangers. In each case, there are specific features.
How much to pay?
The contract of donation between close relatives forplays an important role. In particular, due to the fact that real estate under the relevant agreement (even if people are married) is not divided. That is, if parents give a married / married child, for example, an apartment, you can not be afraid that after the divorce it will be jointly acquired property. Gift is a kind of confidence in the future.
True, this service is not free. Presenting real estate between close relatives, like any other similar agreement, requires a certain payment. And while it is not about taxes, but about the so-called state duty. Without it, the conclusion of a transaction is impossible. You simply will not receive documents to transfer something to the property of family members.
How much do I have to pay on signing?donative? First, the current owner is paying (that is, the one who will give). Secondly, the amount is fixed. And in 2016 it is 2,000 rubles. It turns out that the donative will cost at least 2 thousand for the donor. Re-registration (change) of the contract costs 200 rubles. This is also a duty, but it is already optional. And it is introduced only when it is necessary to correct some points of the current agreement. Does the gift of close relatives not be taxed or is it necessary? Let's talk about this later.
Recipients: who are they?
To fully answer the question, you need to clearlyunderstand what people are talking about. After all, relatives are far from all relatives. And this factor does not depend on your relationships in the family. The legislation provides a clear definition of who belongs to this category of persons, and how a gift can be made between close relatives. The tax is paid or not? About this later. In the meantime, it is worthwhile to figure out which category of people are talking about.
Close relatives are not really that many. They include both blood and "consolidated" family members. Who exactly enters here? It:
- spouses;
- children;
- parents;
- grandparents;
- brothers and sisters;
- grandchildren.
It's all. The rest are distant kin. Even aunts and uncles, cousins and nephews will belong to this category. And for them, the gift agreement will have its own characteristics. And to close relatives, to be honest, in this regard a little easier. The main problem here is the collection of documents confirming the relationship. But the conclusion itself occurs without unnecessary problems and questions.
Family and taxes
The gift between close relatives is not taxedis it taxed or is it needed? To admit, according to modern laws, so far it does not exist. That is, the corresponding payment when compiling and making a gift is available, but does not apply to close relatives. It turns out that the parents / adoptive parents, children, grandchildren and grandparents, even if they are not relatives, brothers and sisters, including adopted and consolidated ones, as well as spouses (extremely rare option) can give each other property and nothing without superfluous problems do not pay. Except for state duty. The main thing is to have a close affinity.
The gift of money between close relatives,by the way, is also not subject to any tax. According to the legislation of the Russian Federation, the above-mentioned family members are completely exempt from any payments related to the gift. Yes, after the transfer of property (for example, real estate), it will have to be paid for. But this is completely different taxes. In this situation, this is a payment for yourself, and not for a gift.
Far
Thus, you can make a gift to a closerelative. As a result, the tax is not paid. There is only a state fee for the transaction in the prescribed amount, and it varies annually. What about all the rest of the family?
And no one exempts them from paying taxes. And, of course, the duty must also be paid in full. In principle, nothing surprising - most of the donated are made between a close relative. Not always family members have a chance to pay taxes. Especially, given the fact that such kinship exists to help each other. In practice, the gift agreement is a kind and unselfish help.
Long-distance relatives pay the same taxes asand completely outsiders. That is, in the amount of 13% of the value of the "gift". The income from the presentation is subject to payment almost always. An exception is the transfer of money. But in practice, the gift of finance is not fixed. Especially when the transfer amount is too small.
If a notification arrives
The gift between close relatives is not taxedit is already clear. But often it turns out that it is when making such transactions that the done ones come after the relevant notifications from the tax authorities. How to be?
Do not panic and just ignore suchnotices. Close relatives should not pay tax when donating. And notifications for facilitating the task are sent to all those who signed the relevant agreement. For bodies, this is work on the principle of "sort it out yourself." Do not panic and do not rush to get cash out of your pocket. The declaration is also not required. Here is such an intricate process - a gift to a relative. The tax for close family relationships is not paid, even if there is an appropriate notice. Remember this.