Оценка для дарения в Харькове

Независимая Оценка для дарения имущества.
Сколько платить пошлин, налогов, других платежей при дарении недвижимости?
Нужна ли независимая оценка  для дарения имущества?
У граждан в Харькове и других городах Украины, как правило, возникает этот вопрос при возникновении проблемы – желании подарить или принять в дар недвижимость, другое имущество.
Также при отчуждении недвижимости – каким образом произвести сделку у нотариуса, чтобы избежать излишних потерь при налогообложении.
Рассмотрим сначала дарение недвижимости.
В соответствии со статьей 55 Гражданского Кодекса Украины, недвижимость или движимое имущество передается  (или будет передано в будущем) дарителем одариваемому лицу безвозмездно в собственность. Договор дарения на движимое имущество не подлежит обязательному нотариальному заверению, но дарение недвижимости и валюты на сумму свыше 850 грн., должно быть заверено у нотариуса в обязательном порядке.
Подарки, в качестве вида дохода, подлежат налогообложению.

Ставки налога при заключении договора дарения следующие:
0% — родственники  I степени родства – дети, дети жены или мужа, усыновленные дети; муж, жена, родители, родители жены и мужа.
0% — инвалиды I группы, дети-сироты, дети, лишенные заботы родителей.
0% — имущества в пределах совместной собственности супругов, зачатые и еще не рожденные дети.
5% — для всех прочих лиц, в том числе родственники 2, 3 и т.д. степеней родства.
15% — подарок от нерезидента Украины. Тут надо учесть, что нерезидентом может считаться лицо, постоянно проживающее вне страны (гражданин Украины), семья проживает за границей,  СПД зарегистрирован за пределами Украины. И еще надо выяснить есть ли договор об избежании двойного налогообложения между Украиной и страной Дарителя, иначе придется платить налоги в двух странах.
Нотариус подает данные о факте дарения в Налоговую администрацию.  Уплата налога производится согласно Платежного извещения из Налоговой. Срок уплаты налога – 3 месяца с даты вручения извещения. Штраф за несвоевременную оплату 10% — 20% — 50% при задержке уплаты  до 30 дней, 31-90 дней и свыше 90 дней соответственно.
Кроме того, необходимо уплатить 1% Госпошлины за совершение нотариальных действий, согласно п. 3 ст. 3 Декрета КМУ от 21.01.1993 №7-93 «О государственной пошлине»
При нулевой ставке налогообложения, получается, что экспертная оценка недвижимости не является необходимой, так как не возникает налогового обязательства.  И для исчисления Госпошлины можно воспользоваться стоимостью, указанной документе о собственности на недвижимость – ценой недвижимости в Договоре купли-продажи или стоимостью БТИ или балансовой стоимостью для юридических лиц.
Но с соответствии с Инструкцией «О порядке исчисления и взимания государственной пошлины», (Прик. Минфина Украины от 07.07.2012 № 811) указано следующее:
Согласно  п. 5 ч. 1 гл. V: «При исчислении суммы государственной пошлины за удостоверение договоров отчуждения физлицами индивидуальных домов, дачных домов,  квартир, комнат,  других объектов недвижимости, стоимость, с которой исчисляется размер Госпошлины, принимается исходя из суммы договора, но не ниже оценочной стоимости имущества.  За удостоверение договоров отчуждения юридическими лицами объектов недвижимости — не ниже их первоначальной (балансовой) стоимости с учетом индексации стоимости этих объектов и износа на момент заключения договора».
По этому же принципу происходит определение размера Госпошлины при дарении (отчуждении) земельных участков.
Таким образом, при заверении договоров дарения недвижимости в Харькове, нотариусы, как правило,  руководствуются именно этой инструкцией и требуют независимую оценку недвижимости. То есть получается, что для налогообложения оценка не нужна, а для начисление Госпошлины – нужна. Тем более, что в старых документах на недвижимость стоимость оценки БТИ Харькова для квартиры или дома может составлять несколько гривен.
Для качественной и профессиональной экспертной оценки недвижимости Харькова, чтобы избежать излишних финансовых потерь при оформлении Договора дарения, Вы можете обратится в ООО Пром-эксперт.

Оценка для дарения в Харькове обновлено: Декабрь 12, 2016 автором: admin
Опубликовано в Жилая недвижимость
55 комментариев на “Оценка для дарения в Харькове
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