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The obligation to pay the amount of tax when inheriting a house, apartment, summer house or author’s works of the deceased may raise doubts with the next owner. The new owner is advised to carefully study the current taxation standards, clarify information on duties and reliefs. The article discusses the rules for paying personal income tax when receiving and registering an inheritance, as well as when selling the received property, talks about the advantages and disadvantages of different methods of transferring property.

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Rules for the payment of personal income tax

What taxes after entering into an inheritance are the successors of a deceased person required to pay? Since 2006, new rules have been applied in the Russian Federation, according to which the need to deposit tax funds has disappeared.

Changes in the federal law affected immovable objects, vehicles, financial savings. When acquiring such an inheritance, it is not necessary to draw up a personal income tax declaration.

However, the law has its own exceptions:

• when entering into an inheritance under copyright — paintings, written works of the deceased in science, works of art and other heirs are required to pay
• income tax;
• the percentage of personal income tax transfers will be 13 of the total amount of property.

In addition to the abolished income tax on inheritance, there are other expenses that successors will have to pay. Additional costs may be mandatory or optional.

Compensatory for future owners will be:

• Services of a notary office (if necessary, payment is made for all stages of registration).
• Payment of state duty. It is mandatory and many compare it with the abolished tax upon entry into the inheritance.
• The listed expenses are the same for all regions of the country, since they are reflected in federal legislation and cannot be adjusted by local government regulations.

All about state duty

The abolition of the main tax did not make the procedure less costly. For a competent entry into the ownership rights, you must contact a notary. Most of these specialists are employees of private companies, and the provision of services is paid by clients in full without benefits. The cost of notarial support is not regulated by legislative norms. The price list is formed by each specialist independently.

After applying to the institution, you must also pay the state fee. The percentage of the amount is determined depending on the degree of relationship with the deceased:

• 0.3% of the total value of the property, which is determined by an independent expert, but not more than 100,000 rubles for close relatives (children, spouse, parents).
• 0.6% of the amount, but not more than 1,000,000 rubles for other relatives (aunts, uncles, nephews, and others).

It follows from this that the nephew will pay 0.6%, and the son of the deceased — 0.3%.

An assessment of the final value of real estate objects can be ordered from a private company or from state institutions of an industry focus. This procedure is carried out on a paid basis and funds are deposited at standard rates.

The amount of tax or duty upon entering into an inheritance is reduced by 50% of the total state duty for disabled persons of categories 1 and 2.

The following categories of citizens are completely exempt from paying the fee:

• persons who inherit the living area where they lived together with the deceased before his death;
• successors of those who died during the period of public duty;
• under 18 years of age;
• subjects with mental disabilities.

According to the law, the degree of kinship with the deceased and belonging to a privileged category determines what tax must be paid when entering into an inheritance, when selling property, and so on. If it is possible to prepare documentation for entering into an inheritance on your own, then this will significantly save costs.

Property ownership and sale tax

The successor becomes the full owner of the dwelling after entering into the inheritance, transferring the right and registering with Rosreestr. From this period, he undertakes to pay every year a property tax.

To calculate the exact amount of property tax, a citizen has the right to use a special service online on the official website of the Federal Tax Service.

Among people who are far from understanding tax legislation, there is a common misconception that it is possible, after entering into an inheritance, to sell property in an expedited manner and then you will not have to pay tax, but this is not so.

To sell an apartment that was inherited, you must pay tax and take into account a few more features:

• To carry out a legitimate entry into the inheritance (the process is considered completed six months after the death of the former owner).
• Obtain the necessary list of documentation (papers on the right to inheritance).
• Pay a fee of 13% of the final value of the transaction to the state treasury.

In order not to pay tax when selling a property, the period of ownership after entering into an inheritance must be at least 5 years. Also, income tax will not be paid under the following circumstances:

• sale of property in the amount of less than 1 million rubles;
• the seller belongs to the privileged category of citizens — disabled 1 or 2 groups, persons on pensions, disabled since childhood.

For full exemption from paying tax, you must contact the tax office — write an application and submit documentation confirming the subject’s relation to the preferential category.

The fact of close family ties with the person who made the will does not release the person from the obligation to pay indirect taxes. These costs include various government fees and notary fees.

What to choose: a will or a gift?

You can transfer real estate to a relative, close people in a variety of ways — through a contract of sale, deed of gift, will, inheritance contract or rent. Each of the options has its own characteristics and carries different rights and obligations for the parties.

A will is one of the most common ways to transfer property to your heirs. The advantage is the ability to express one’s will, to determine a specific circle of successors. The key disadvantage from an economic point of view is the need to pay a fee of 0.3 and 0.6 percent, depending on the degree of relationship to the deceased.

Additional costs may also be required for the formation of the text of the testamentary disposition, legal advice, and the execution itself. Prices vary in each region.

Donation is a procedure for the transfer of property, characterized by ease of registration and low costs or none at all. The advantage is that there is no tax on donations between close relatives. If the recipient of the gift is a stranger or a distant relative, then the amount of the fee will be 13% of the estimated value of the gift.

If the property belongs to one owner, then for donation, you only need to draw up a deed of gift together with the recipient, but not certify it with a notary.
A new way of transferring property is an inheritance agreement. The document sets out the rights and obligations of the parties. One of the disadvantages is the expensive cost for successors when entering into an inheritance. The high price of registration repels many people, and they make a choice in favor of a will.

Rent

Another popular method of transferring rights to real estate is rent. An agreement is drawn up as between people related by blood ties or completely outsiders. The agreement can be executed with the obligation of life maintenance or without it.

The procedure is the signing of an agreement during the life of the owner of the property and involves the payment of certain amounts from the future successor in favor of the owner until his death. Also, a burden may be the obligation to maintain the owner — the provision of care and concern, the provision of food and everything necessary.

The agreement is notarized. The amount of state duty or payment of tax upon entering into an inheritance is determined at 0.5% of the amount of property.

Real estate registration

To register real estate with Rosreestr, you will need to provide a certificate of inheritance. To do this, you will need to contact a notary at the last place of residence of the deceased within six months after the death or the day the court decision on declaring the owner of the inheritance as dead comes into force.

Do you have any questions?

After the notary checks the applicant’s documents, he starts an inheritance file, where, as requests are made, the statements of the remaining successors are added. In the unified information system of the notary, all movements in the case are noted. After six months, the notary issues a certificate of inheritance to each successor.
Thus, the tax upon entering into an inheritance in the Russian Federation has been canceled. But there is a mandatory state duty, which is paid in a differentiated amount depending on the degree of relationship between the successor and the deceased. Additional costs for a lawyer, notary support may also be added.

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