Legacy or Gift — What Is Better to Choose?

When you have a car, a business, or a real estate, your parents and relatives ask, "What is better, a will or a gift?"Наследство или дарение - что лучше выбрать?But first, we need to figure out the pros and cons of each inheritance procedure on our own, so let's look at the underlying concepts.

Gift- It's a given gift contract that includes the free transfer of property to another person's property, regardless of family ties.

Will- A unilateral agreement or the will of a citizen in which he disposes of his property in the event of death, indicating his heirs.

Main differences in the will and will

Let us consider the difference between the gift and the will.

Gift Will
Time taken to complete The relevant documents are first prepared, after which the contract is signed, the assigned duty is paid and the documents are submitted for registration; the procedure for the issuance of the gift must not exceed two and a half weeks according to the law of the Russian Federation. The document comes into effect after the death of the heir, but the certificate can be obtained six months later from the notary.
Time of receipt of property This right is granted to the gifted person immediately after registration, in other words, he becomes the owner of the property during the life of the owner. The inheritance shall commence upon the death of the testator and the procedure followed for the processing of all documents:
  • Opening of the right to property.
  • Collection and transmission of documents to the notary.
  • Registration of property rights.
Modification or withdrawal of a contract Tendering involves a financial transaction that is very difficult to cancel; it is possible to cancel a giftable transaction by proving that the giver is incompetent or signing a contract under duress and the use of force. The will may at any time modify or add another to clarify the details: to distribute the inheritance among the other heirs or to appoint an executor.
Cost of processing
  1. A duty of 1,000 roubles must be paid.
  2. There is no need to notarize the contract in order to submit the documents for registration; the contract is in writing and submitted to the State registry.
  1. Property valuation is being paid.
  2. Notarization is paid for.
  3. The interest rate for the issuance of the inheritance document (from 0.3 to 0.6 per cent) is paid.
  4. The estate case is paid to the notary prior to the issue of the certificate.
Taxes The gift tax of 13 per cent of NPFL on the value of the inheritance must be paid by the giftee if he or she is not a close relative. In order to obtain ownership, it will be necessary to pay for:
  • The inheritance tax (if the MMORT is more than 850 times higher).
  • I'm honored to inherit.
Possible problems It is not for a giver to change a decision, but it is a surety for the benevolent. Regardless of the will of the testator, some of his property will be transferred to relatives who are legally entitled to inherit: old parents, disabled persons and children under the age of 18.

So what's better, a will or a gift to an apartment, a house, or a real estate? A will represents a safe transaction for the heir, because at any moment he can change or supplement the document, but the gift most profitable transaction for a gifted person, so it's very difficult to challenge the gift.

It is important to bear in mind the problem of the will: the heirs will have to share their property with a group of people who, whether included in the contract or not, are entitled to a portion of the inheritance: children under the age of 18, persons with disabilities, and retired parents.

Formation of the will

Наследство или дарение - что лучше выбрать?

We will determine what will be required to make the will:

  • The will of the testator is clearly defined.The heir should give his will to share the inheritance precisely in writing so that there is no ambiguity or misinterpretation of his words, and the document must be drafted in accordance with all legal requirements.
  • Determine the share of each heir.It is best to avoid the use of common property if there are more than one heir, and if there is one heir, then it is better for each heir or his share in the inheritance.
  • To appoint heirs.The right of the heirs shall enter into force before and after the commencement of the right to inherit.
  • To appoint a will maker.It is not lawful for a person to take away his estate, nor is it lawful for a person to make a bequest, nor is it lawful for a person to make a bequest, nor is it lawful for a person to make a bequest, nor is it lawful for a person to make a bequest of a bequest, nor is it lawful for a person to take a bequest.

Issuance of a gift document to the United Nations Conference on Trade and Development (UNCTAD) (United Nations publication, Sales No.

Наследство или дарение - что лучше выбрать?

  • Personal data of the parties to the treaty.A document registering a citizen, a certificate of marriage.
  • Written agreement.Each party having a gift must have a copy of the contract, and an additional copy will be required for the Justice Department. If you are to make a donation to a land or a dwelling, two more copies will be required.
  • It's a pay-as-you-go check.This is a mandatory payment, which includes the payment of registration fees for the acquisition of real estate.
  • Cadastral document from BTI.
  • Document on registration of the grantor ' s own property right.

If both spouses are in possession of the inheritance, the written consent of the spouse is required upon the conclusion of the gift.

Where the inheritance is owned or inhabited by children who have not attained the age of majority, a permit must be issued for the children ' s guardianship and custody department.

What's cheaper, a gifted will or a will?

Наследство или дарение - что лучше выбрать?

It is important to know that when a person who is not a relative is given a gift, a tax is required under the law; such a tax is not paid upon bequest.

Therefore, for the heirs of the first line, the question, which is cheaper, does not play a significant role.

  • Husband or wife.
  • The parents of each spouse.
  • Kids.
  • Parents who adopted children.
  • The children who were adopted.
  • Grandparents.
  • Grandkids.
  • Brothers and sisters as well as children with a common father or mother.

For future owners who are not related or are distant relatives, it will be cheaper to make a will.

What's more beneficial in the form of an inheritance?

Наследство или дарение - что лучше выбрать?

As far as the heir is concerned, it is advantageous to make a will.

The will can be revoked or fundamentally changed; on the legal side, only the last will takes effect; and the property remains in full possession until the last breath; the property will be acquired by the person only after the death of the heir.

It's better for the heir to process the gift.

It is almost impossible to dispute a gift document and the property is automatically taken over by a gifted person, and he has the right to dispose of the property after the registration of the contract; and in the case of a bequest, the right to inherit is given only six months after the death of the testator.

What is easier to challenge: a gifted will or a will?

Наследство или дарение - что лучше выбрать?

  • The giver or testator was insane at the time of signing the document because of mental or physical illness or under the influence of narcotic drugs, medicines and alcohol.
  • The giver or testator signed the document not of his own free will, but under the threat of life.

Remember, the will and gift can be challenged in the same way by the courts, but it's complicated enough.

In order to challenge the documents, it will be necessary to prove the validity of the facts presented, and it will be necessary to undergo a medical examination, to collect witnesses ' testimony and to hire a good lawyer, but this does not guarantee the success of the trial.

It should be noted that, although the 2023 law did not require a notarization of a document that was registered, it was much easier to challenge a written document in court.

We've looked at the difference between the will and the will, the pros and cons of each document, and using this information, you can decide for yourself what's best in your situation: the will or the gift.

How can you make the proper arrangement for giving a share of the dwelling?

Наследство или дарение - что лучше выбрать?

And the two best ones are the design of a gifted will or will.

These procedures have a lot in common, but the mechanism itself is very different, and this often raises the question, "What is the best way to convey values: by means of a will or a gift contract?" We will answer it by comparing the characteristics of both documents.

What's different?

Both the gift and the will of the apartment serve one common purpose: to transfer property from one person to another, and the methods by which values are transferred are very visible.

Gift(or a gift contract) is a document that allows for the transfer of property requiring registration from one person to another free of charge.

Willis a document that allows any property of a deceased citizen to be handed over to a person who, in his lifetime, wanted to be the new owner.The main differences are in the transmission procedure:

  • A notary works with the will; his services are not required;
  • In both cases, value conversion takes place in Rosreister or other registration services;
  • The will shall take effect only if the original owner has died or has been declared dead by the court; the gift shall be made between the living citizens;
  • There is no tax on the will at all, there is a duty in its place; in addition to the duty, in most cases the charge requires the payment of taxes;
  • The form of documents is very different — the treaty of giving is simpler.
Read also:  How to calculate the share of common ownership of common property, calculation of the share of land, in a multi-family house

What's cheaper?

Наследство или дарение - что лучше выбрать?

It's complicated enough, because two procedures have significant differences, so let's look at them separately:

The inheritance itself is not very expensive; the heir who wishes to hand over his property will have to make a will and confirm it with the notary.The cost of the service is about 2,000 roubles.

Then after the death of the testator and the completion of the disposer of the property by eachThe heir pays a duty, which depends on the succession line — the first to pay 0.3 per cent of the value of the property, the rest 0.6 per cent.The conversion will also require the payment of a duty, the amount of which is determined by the type of value received (e.g. 2,000 roubles to replace the right to an apartment).

Dance, unlike wills, takes place without the intervention of a notary.

But when it's done,In addition to the State registration fee, income tax, which is equivalent to 13 per cent of the value of the gift, will also be required.

A gifted man shall pay it for it, and no payment shall be made if the giver and the giver belong to one another.

Thus, giving is more beneficial, but only if the property passes to the spouse, parents, children, brothers and sisters.

What's easier to argue with?

The second most important question is, "What is easier and faster to challenge in court?" It's no secret that things can happen in life, and so many people prefer to prepare in advance for the dissolution of a gift or will.

Let's answer this question without comparison.It's a lot easier to challenge.There are two factors involved.

The first is that a contract can be challenged by the giver himself, which greatly broadens the scope of the grounds for filing an action to cancel the transaction and simplifys it.

The second factor is that, in challenging the gifted will of the giver, it does not matter at all, but only if the gift contract itself is unlawful or violates the interests of third parties; it also greatly simplifys the procedure by significantly reducing it.

Plus and minuses of gifted

The biggest plus the gift is thatIt is the easiest, quickest and cheapest alternative to the transfer of values under a gift treaty.But then there's the drawback -- the deal has to be completely free, otherwise it's considered null and void.

The second significant plus the gift treaty--Easy working with him.It's very easy to make it, and it's not too expensive to order it from a lawyer, and it only requires a basic set of property documents to deal with it.

The third plus is the absence of "waterstones" inherent in the sale.There is no need to obtain a permit to sell a share of the property.The exception is if the property of the spouses is divided, the important thing is that you don't accidentally give someone else's valuables.

Four plus--In most cases, the tax does not have to be paid, since the gift is distributed to relatives.

Minutes of the gift contract:

  • The gift is a little easier to challenge than the will.However, if the giver dies, there will be little difference;
  • Transfer of assetsThe gift contract will have to pay the nalo.:: g, which is significantly higher than the will fee;
  • Giftmay contain a sufficiently large number of special conditionsthe failure to do so may lead to disputes over her challenge.

Adds and minuses of wills

Наследство или дарение - что лучше выбрать?

It's the worst.The main plus will is its essence — it is up to the individual to decide who and what values will be given after his death.

The psychological factor already plays a major role — you can live a little more calmly, knowing that your last will to do things will fall into reliable hands.

Second plus--The possibility to carefully prescribe the conditions for the transfer of valuesIn other words, to express its last will, it can also be included in the will and followed by a notary;

Third plus--A bequest is more reliable than a bequest, so that the property will be more secure from the attempt of greedy relatives.However, this plus is lost if the testator himself made a mistake and entered into an illegal transaction.

Minutes of will:

  • In order to hand over the estate by will, the testator must be declared dead.Either by a court or by a medical expert;
  • A will can only be delivered six months after the inheritance has been discovered.which is a sufficiently long period of time;
  • Inheritive disputes are hard enough to resolve.- There is a need for witnesses, specialists and third parties, as well as lengthy litigation.

What's better?

You are the only one who can answer this question, because the advantages and disadvantages are mostly applicable only to specific situations, and we can only deal with the most basic ones.

If you simply want to hand over property to a relative, it will be much easier to take advantage of the gift.First, the recipient of the property will not have to wait for the death of the owner and then another six months or more for the inheritance.

And if a near relative is nearer to you, it will be cheaper for him; and if a near relative is nearer to you than a near relative, then if he is nearer to you, he will be able to transfer his wealth until the tax is paid; and Allah is All-Knowing, All-Knower.

And fourthly, if the relationship is damaged, the property can be recovered.

But if you think that your possessions will be of use to you, then a much more reasonable solution will be to make a will.- It's much more reliable, it's cheaper for the recipients of the value, and it's going to do your last will, and it's going to keep the property at your disposal without any restrictions, which is extremely convenient.

Find out what's best - the will or the gift, the difference between them, and the virtues and disadvantages of each transaction.

Наследство или дарение - что лучше выбрать?

The need to transfer the inheritance to an adult child or a grandchild over time arises in any family.

But not every person knows how best to deal with such a matter.

The legislation of the Russian Federation has been draftedSeveral ways to transfer property rightsfor property from one person to another.By law, you can give your fortune or you can make a will.

What is the difference between a gift and a will?

Very often, givers wonder,That's better and cheaper.Let's try to answer that in detail.

A person with no special education often fails to understand what they are.The difference between the giving of property and its post-mortem bequestThe drafting and drafting of any of these documents has different legislative nuances and features.

  • Gift — A Dealduring which one person gives his own property to another without receiving anything in return.
  • Will — An Official Notary Actwhich determines the testator ' s postmortem will in respect of the fate of his personal property.
  • The difference between the gift of property and its will is as follows:
  1. It is a two-way transaction in which the gifter automatically becomes the full owner of the gift. While the will is a one-way transaction by virtue of the fate of the estate after death, an act expressing the last life-long instructions of the testator.
  2. The rights to the gifted property shall be transferred to the gifted person immediately after the gift has been made, and the right to the bequest may be obtained only after the expiration of six months from the death of the testator.
  3. The bequest will have to be shared with the legitimate heirs: the elderly parents; the young children; and the disabled who are close to or dependent on the testator.
  4. The will can be changed, supplemented and cancelled, which is very difficult to cancel, in some cases it is not possible.
  5. The disposition of property by will is easily contested by the direct heirs in court; the gift transaction, much less officially certified by a notary, except in rare cases, cannot be contested.

It matters!The gift of property, unlike his will, becomes valid in the life of the giver and has a strong legal force.

The gift is otherwise referred to as a gift contract and records a transaction which is made at the will of both parties, the giver and the gifted, by virtue of which the owner gives his property free of charge to another person.

Features of design

Bequest and disposal of property —Two completely different processeseach has its own legal nuances.

Formulating a document on the right to inherit

Repository of propertywritten by one person, in the presence of a notaryAt the request of the testator, at the time of the issuance of the document and its legal assurance,may be present without an interest in the inheritance, witnessThe heirs mentioned in the will are prohibited by the legislation in force when the document is issued.

Act determining a person ' s postmortem will to continue to dispose of his propertymust be certified by the personal signature of the testator.

In cases where, for valid reasons (literacy, severe illness or physical disability), the person who bequeaths his or her fortune is unable to sign the document on his or her own behalf, at his or her requestThe legislator provides for the possibility of signature by another person.

It matters!A will not certified by an authorized authority is null and void and may be challenged by the heirs, except in rare cases provided for by the legislator.

In such a situation, the document in question describes the reason why the testator was unable to sign the will in person and in full information about the signatory.

Which documents will be needed to process the inheritance.

Formation and design of the gift directlyDepends on the gifted property and its value.

The writing of a gift document is only mandatory in two cases:

  1. Property is donated to a legal person and its value exceeds 3,000 rubles.
  2. The treaty contains a promised obligation to provide property in the future.
Read also:  What are the rights of a wife to divorce her husband?

Other casesYou can also give it orally.For example, if you give a car, you give a gifted key to it or a document.

Attention!The giving of real property and the transfer of ownership to another person must be registered with the authorized public authorities.

The gift treaty is valid and without legal assuranceBut if one of the parties so wishes, the gift is delivered.Can be assured from a lawyer or notary..

In this case, the authorized person will bear witness that the giver, at the time of the transaction, was responsible for his or her actions and actions, was in good mind, with full capacity, and gave a gift of his or her own free will, without external pressure or threats.

NotarizationSuch a contract is primarily beneficial to the giver, as such a document provides assurance that the transaction will not be challenged or cancelled in the future.

Financial costs

  • It is cheaper for a person who wishes to transfer his property to another, to make a contract of gift, but only to pay for the payment of a gift, which he may have made with a gift, and to make a will, apart from a notary pledge, he will have to pay a notary to write every page of the document.
  • For a person who inherits wealth depends on the relative's relationship; and for a near relative, the best option is a gift that is not taxable.
  • For outsiders, receiving property by any means carries with it payment of a state tax.

What are the taxes on the deal?

Anyway, to pass on your fortune to the heirs.It's not gonna be free.Any means of transferring property will have to be paid by the State.

Attention!Material aspects of the transfer and receipt of property are covered by the Tax Code of the Russian Federation.

The financial cost of the gift depends on the object of the gift, its cost, the manner in which it is processed and the relationship between the giver and the gifted.

When a car, land or real estate is donatedState duty must be paid.

  • For the conversion of the gifted car to the GAI, 2850 rubles.
  • When the land is donated, 350 rubles.
  • For the transfer of property rights, 2,000 roubles.

In the remaining cases, there is no provision for the payment of government fees for the donation of property.It is usually paid by the giver, but if the parties so wish, they can be divided into two.

The relationship between the giver and the gifted has an important role to play in the financial process in the design of the gift.

  • A person who does not have a close relative must pay a tax - 13 percent of the value of the gift to the State Treasury.
  • The tax is not paid when a gift contract is concluded between members of the same family who are closely related.

When a will is made, the cost of the testator will be:

  • The fee for the official certification of the document by the notary is 100 roubles;
  • The writing of the document by the notary directly amounts to 1,000/1200 roubles per page (depending on the notary office).

Inherited by will, in accordance with the legislation in force for 2017,No taxBut the government fee for the property received will have to be paid.

  • The heirs who are not related to the testator are 0.6% of the value of the bequest.
  • Relatives accounted for 0.3% of the legacy.

Information for reference.In order to pay the fee, the inheritance has to be valued; the value of the valuation varies from the property received.

No one will answer the question of how best to pass on the wealth to their heirs, depending on the circumstances and the situation.The owner must decide on the matter on his own.

Legal practice shows thatThe question of the challenge to the gift is one of the most difficultThis fact, however, does not diminish the number of applications from doubting the authenticity of the gifted citizens who appear in court with an enviable regularity.

Especially when property is handed over not to the direct heir, but to an outsider.

If he so wishes, the legal heir may challenge any of the above documents, but not the fact that the court will stand by him.

Attention!A direct heir in a court of law will easily dispute the transfer of property to an outsider by means of a will, and he has full legal right to claim a portion of the estate of the testator after the death of the latter.

The will can be challenged in several cases.

Notarized gifts cannot be contested, only in the rare exceptional cases envisaged by the legislator.

  1. To prove that the testator was misled or in an inadequate condition when writing the document.
  2. Provide credible evidence that the will was made by means of threats or pressure.
  3. The testator did not mention a mandatory category in the document.
  4. The will is wrong.

Is the consent of the spouse required?

  1. A husband and a wife who are legally married,Can only dispose of common property by mutual consent.
  2. Transfer of marital property to another personWithout the knowledge of one of them, it is impossibleand can be challenged by the courts.
  3. It is only possible to give or bequeath property without the second half in two cases:
  1. Property was acquired personally by one of the spouses prior to the formal marriage.
  2. The property handed over to another person was obtained by giving.

In other cases, the spouses must jointly decide on the transfer of property, or one of them may bequeath his or her share of the joint property.

Which means of transferring property is better and more beneficial depending on the particular circumstances; each of the above documents has its own characteristics, pros and cons.

Legacy or Gift — What Is Better to Choose?

The procedure and options for the processing of inheritance are set out in articles 3 of the Tax Code of the Russian Federation, and in the case of inheritance, the owner of the property has a choice.

In the event that the will of the heir in respect of specific instructions is not established by official documents, the inheritance shall take place in accordance with the law and the estate shall be distributed among the heirs in proportion according to priority.

If the heir wants to choose a particular heir or determine his own distribution, he or she should make the inheritance through a will.

There is an additional option not to wait for a critical event, but to arrange for the transfer of property in advance. For this purpose, the inheritance is replaced by a gift procedure. If you cannot determine how to proceed with the transfer of property, contact a lawyer after reading this material.

Receive primary advice from several companiesfree of charge:: Make an application and the system will pick up the right companies!

Legacy

It is not possible to choose who will receive and who will receive the inheritance under this procedure.

The estate of the inheritor will be distributed to all existing applicants in the order of priority set out in the SC of the Russian Federation.

The heirs of the first line are the closest of kin, the children, the spouses and the parents of the deceased; then the order is determined according to the distance of the relationship.

The estates are distributed among the heirs of all steps in the shares determined by law, since there may be many heirs, after the opening of the inheritance, the law has fixed a period of six months.

This is required to ensure that all those who wish to do so are able to file an application for inheritance, and it is rare for the law to choose the inheritance consciously.

More often, the procedure is due to the fact that the heir has not made a will.

Legacy inheritance

To choose one or more loved ones, to distribute property with a clear definition of the inheritance, the heir may make a will in advance for his inheritance.

Chapter 62 of the third part of the Criminal Code of the Russian Federation deals with the processing and execution of wills. An important rule is that, in order to confirm the validity of the will, the will must be notarized.

Exceptions may only be documents equivalent to notaries, such as:

  • Confirmed by the chief medical officers, their deputies and on-call doctors of the will of the citizens who are being treated in these medical facilities;
  • Persons in long-distance navigation on these vessels certified by the masters of the will;
  • Certified by the commanders of the will of the troops of the remote military units;
  • Confirmed by the directors of correctional institutions of the will of convicted persons.

In addition to making a will, the heir must choose the person who will verify the distribution of the property according to the will specified in the document, and during the course of his life he may change the will for the inheritance or cancel it altogether, and the perpetrator may be re-elected.

Transfer of gifted assets

The procedure for the transfer of property by means of a gift is fundamentally different from the inheritance; the form of the inheritance, regardless of the type, takes place only after the death of the owner, and the gift can still be made in the course of life. The procedure for giving and legalizing it is described in chapter 32 of the second part of the Criminal Code of the Russian Federation.

In order for this type of transfer of ownership to be made, it is necessary to issue a gift document; according to this document, the giver undertakes to transfer ownership of a particular property to another person without financial claim; and if the process is to be carried out in the future, the contract must be in writing under the law.

Donations have their exceptions, and the Russian Civil Code prohibits the processing of gifts with a value above 3,000 rubles:

  • On behalf of a minor or a disabled citizen;
  • In favour of civil servants;
  • In favour of social workers;
  • between commercial organizations.

It should also be borne in mind that property owned jointly by several persons cannot be granted without the consent of all owners.

An inheritance or a gift?

The main difference is that the inheritance can only be obtained after the death of the owner of the property, and the gift, on the contrary, must be realized only in the event of life; a gift made for sale after the death of the giver is considered to be negligible (art. 572 of the Russian Civil Code) for this purpose there is an inheritance.

Read also:  When you can apply for alimony after a divorce - in which period, period, time

The next important difference is the ability of the owner of the property to change his will.

In the event of an inheritance in a will, the owner has no restrictions in this right, and only in critical situations can the gift be refused.

These include changes in the health or family situation of the owner of the property, in which giving would result in a serious decline in the standard of living.

The possibility of third-party claims is an important difference between the two forms of transfer of property.

In the case of gifted property, after its execution, only the successor belongs, while in the case of the inheritance (although by law, by will) there is a list of persons entitled to the so-called compulsory share.

There are also different forms of transfer of property, both in fact and in terms of the rights transferred, which is subject to a bilateral contract that does not require confirmation, but in the case of a gift, the right of ownership will have to be formalized in Rosreister.

The inheritance is not required by law by the owner, but the heir will have to initiate the opening of the case from the notary by writing a statement. After the expiration of the six-month waiting period, all documents will be processed and issued, i.e. a certificate of right to inheritance.

From a financial point of view, there are also significant differences: cost-effectiveness is not necessary for a contract to be drafted; the cost of a notary is to be paid for in the form of an inheritance; and the heir is to be paid for by the State, ranging from 0.3 per cent to 0.6 per cent, depending on the degree of relationship.

Both the gift and the inheritance pay extra rent for the registration of property rights in Rosreister.

In terms of income tax, giving may not be beneficial, and only the closest relatives: spouses, children, parents, grandchildren and brothers/sisters are exempt from the income tax; the rest will have to pay 13% of the value of the property.

That it's better to inherit or give an apartment.

In which case will the heir pay more taxes after he inherits, in the case of a gift or a will?

The gift will be better for you than the will, and I will clarify just one more rather large minus the will: if her legally incapable heirs (e.g. her children, etc.) were to be announced by the time the inheritance was discovered, then no matter what will be mentioned in the will only you, such people would be entitled to their share in the inheritance (the compulsory share).

Hello, Anna!

And when a gift is given and a bequest is made, the tax on the acquired property shall not be paid.

But if it's about the disposal of property in the event of death, of course it's the right thing to do with the will.

But in this case, heirs may be made to a compulsory share (unable to work relatives or dependants of the heir), so it is up to you to decide how best to arrange for a granddaughter's apartment.

Good afternoon!

Non-taxable income (exempted)

The following types of income of natural persons shall not be subject to taxation (exempted from taxation): 18) Income in cash and in kind derived from natural persons by means of inheritance, except for remuneration paid to heirs or successors of authors of science, literature, art, and discoveries, inventions and industrial specimens; 18.1) Income in cash and in kind derived from natural persons by means of gifts, except in the case of the giving of immovable property, means of transport, shares, shares, shares, shares, shares unless otherwise provided for in this paragraph.

Income derived from gifts is exempt from taxation if the giver and giftee are family members and (or) close relatives in accordance with the Family Code of the Russian Federation (spouses, parents and children, including adoptive parents, adopted children, grandparents and grandchildren, full and half-brothers or mothers);

In any case, the NPFL will not pay the heir, but the property tax pays the owner, i.e. after the gift, the duty to tax will be transferred to the new owner (probably the question of inheritance of real estate?).

Hello!

The procedure for taxing the income of natural persons on the income of natural persons is set out in article 23, "A tax on the income of natural persons", paragraph 18, of article 217, "Proceeds not subject to taxation (exempted from taxation)), of the Code stipulates that income in cash and in kind derived from natural persons by means of inheritance shall be exempt from taxation on the income of natural persons.

These provisions apply regardless of the location of the property obtained through inheritance.Thus, when a natural person receives, for example, an apartment by way of inheritance, income in the form of its value is not subject to a tax on the income of natural persons in the Russian Federation.

No tax shall be imposed on the income of natural persons (regardless of their degree of relationship to the heir) of income in cash and in kind derived from natural persons by means of inheritance, except for the remuneration paid to the heirs or successors of works of science, literature, art, and discoveries, inventions and industrial designs (art. 217, para. 18).

  • However, in the case of a will to issue a certificate of inheritance under the law and on the will of a notary, 0.6 per cent of the value of the estate but not more than 1,000,000 roubles is charged;
  • But!
  • Heirs who have not attained the age of majority by the date of the opening of the inheritance (if such is the granddaughter), as well as persons suffering from mental disorders,Exempted from payment of State duties upon receipt of a certificate of right to inheritance in all cases, regardless of the type of inheritance property;

Authorities (institutions) authorized to perform notarial acts and notaries engaged in private practice are required to report the issuance of certificates of inheritance and notarial certificates of gifts to the tax authorities, where they are located, their place of residence, not later than five days from the date of the relevant notary certificate, unless otherwise provided in this Code, and information on the certification of the gift contracts must include information on the degree of relationship between the giver and the giftee.

With regard to gifts, income obtained through gifts is exempt from taxation if the giver and the giftee are family members and (or) close relatives in accordance with the Family Code of the Russian Federation (spouses, parents and children, including adoptive parents and adopted children, grandparents, grandparents and grandchildren, full and half-brothers (with a common father or mother);

You can also learn about the comparative characterization of wills and gifts, and I'm sending you an article where everything is detailed, all the pros and cons of each transaction.

Good afternoon!

The tax is not paid for both gifts and inheritance.

And if you are given a gift, then you will be paid a bequest, and you will be paid a bequest, and you will be paid an annual tax.

The gift and inheritance tax was abolished as early as 2006, but under article 333.24 of the Tax Code, notarial acts are subject to State policy (22) for the issuance of a certificate of inheritance by law and by will: children, including adopted children, spouse, parents, full brothers and sisters of the heir - 0.3 per cent of the value of inherited property but not more than 100,000 roubles; other heirs -

  1. 0.6 per cent of the value of inherited property, but not more than 1,000,000 roubles;
  2. The registration will then have to pay the Minister of State for the transfer of ownership.

In the case of gifts, it is only necessary to pay the Minister of State for the transfer of ownership of about 2 tons of property.

So in terms of spending, it's more profitable to give.

A lot of things aren't written about the case, except for those who wrote about the tax.

Once again, when it comes to giving property from one close relative to another (in the case of giving property from a non-native relative or from a person other than a relative, a tax is required to pay), which includes the grandmother and granddaughter, art. 14 of the Russian Federation, the NPFL does not have to pay, art. 217, para. 18.1.

In the case of inheritance from any person, including not a relative, at least by law, at least there is no need to pay a tax on will (art. 217, para. 18).

It's better to give, because the government's money paid for the registration of a contract is less than the cost of the government's inheritance.

Legacy or Gift — What Is Better to Choose? Reference to main publication