Today, up to 80% of families eligible to receive maternity capital prefer to use it to purchase housing. Often, after a certain time, situations arise when real estate purchased with budget money is put up for sale. This may be due to a change in family composition, for example, divorce, or to a planned move to another area.
MSC is cash, isolated from federal budget to support families raising 2 or more children. This project was conceived in 2007 to correct demographic situation in the country. Throughout the entire period, the program was repeatedly extended and additions were made to it. It is now planned to be completed by the end of 2021.
Provided to all families who had a second or any subsequent child after 2007. A necessary condition is that all minor family members, as well as at least one of the parents, have Russian citizenship.
It is allowed to issue maternity capital to single-parent families, as well as to adoptive parents, if the conditions stated above are met.
MSC funds can only be used in certain areas. The intended use of public money is controlled by the Pension Fund, which is the main one in the allocation of funds.
Due to inflation, the MSC value is revised upward every year. The exception is the crisis period from 2015 to 2019, when the amount of government funds did not change. Today you can receive an amount from the Pension Fund of Russia, the value of which is 453,026 rubles.
The most popular area for investing MSC funds is considered. Over time, changes occur in family composition. In addition, there may be a need to change the region. All these are reasons for selling an apartment or house purchased with MSK funds. Is this legal?
There is no direct indication in any legislative act to prohibit such a transaction. Therefore, the operation of selling housing purchased with the help of MSK can be considered legal. It is important to comply with certain conditions:
Important! When selling any housing that has been owned for less than 3 years (property registered before 01/01/2016) or less than 5 years (property registered after 01/01/2016), a tax is required. Its size is determined by the cadastral value.
You should consider 3 options for a real estate transaction.
With such a transaction, practically no problems arise with signing the sales contract, provided that all owners of the property being sold have the consent. It is necessary to obtain it, since when purchasing an apartment with MSK funds, according to the law, all family members must be documented as full owners. After concluding a purchase agreement or signing a certificate of commissioning of housing, Rosreestr issues a certificate of common ownership of the apartment by the whole family. Therefore, when selling, it is necessary to obtain permission from all owners for this transaction. If the entire family is an adult citizen, then no additional documents are required.
Important! Consent is provided in writing. The signature on the document is certified by a notary.
When concluding a transaction for the sale of real estate, Article 21 of Federal Law No. 48 of April 24, 2008 must be observed. If the procedure affects property interests a minor, then it requires mandatory permission from the guardianship authorities. Such a document is necessary to register a transaction in Rosreestr.
To receive it, adult family members need to send an application to the guardianship indicating the planned transaction for the sale of housing. It is necessary to provide additionally the following documents (Letter of the Ministry of Education of the Russian Federation No. 09-M dated 02/20/1995):
A representative of the guardianship authority finds out how the child’s housing interests will be respected. Therefore, simultaneously with the sale of his own apartment, he must be provided with the following documents confirming one of the 3 possible options conducting a transaction:
Important! The share in the new apartment per child should not be reduced. Although in some cases the footage may be reduced. For example, in an apartment for sale in a provincial town, the area of which was 60 m², each of the two children had a ¼ share. At the same time, the footage for each owner was 15 m². In a purchased apartment (52 m²) in a large city, everyone will also have a share corresponding to ¼, but the number of meters per resident will decrease and amount to 13 m². At the same time, the cost per square meter will increase significantly.
In addition to documents, a representative of the guardianship authority has the right to go to the site to check information both at the place of previous residence and at the place of purchased housing. If the issue is resolved positively, you should remember that the issued permit has a limited validity period - 3 months.
As a rule, consent to sale cannot be obtained if the purchase of a new home. This significantly worsens the property situation of children, since such real estate is always pledged by the bank, which provides money for its purchase.
It is also impossible to obtain the consent of the guardianship authorities in cases where, after its purchase, the former owner remains registered in the new home, albeit temporarily.
Such a transaction requires, in addition to the permission of the guardianship authorities, to additionally obtain the consent of the bank in which the apartment being sold is pledged. Both the mortgage agreement and the mortgage deed must be reissued. If there are minors in such an operation, it is almost impossible to obtain the bank’s consent. The bank may agree to a similar deal if new housing is also purchased with a mortgage issued from the same lender.
| Deal | Consent to sell | Permission from guardianship authorities | Bank permission |
|---|---|---|---|
| Involving minors | If there is an encumbrance on the apartment in the form of a mortgage | ||
| No minors involved |
When selling their home, most owners, when faced with an offer to make part of the payment with maternity capital, refuse such a deal. What might be alarming about this situation?
First of all, these are timing. It is impossible to receive your money right away. This is due to the fact that the transfer is handled by the Pension Fund. Within a month, he reviews and carefully checks the documents provided to him for the transaction being concluded. If everything is in order on paper, then only after another month the seller will be able to receive the amount due to him under the contract.
Another pitfall of buying an apartment previously purchased on MSC is the protection of the rights of minor children. If they have not been observed, then upon reaching the age of majority, the grown-up child can file a lawsuit. Moreover, he has the right to do this within 3 years after his 18th birthday. The judicial authority will oblige you to return the apartment with payment of all money received for it. But since inflation in the country is growing year after year, the money will be greatly depreciated by that time. In addition, their return may not be the entire amount at once, but in parts.
Thus, when fraud is detected, the only loser is the buyer, who in this case loses his own money and wastes time.
You can sell an apartment purchased using MSK at any time. All that is required is to obtain consent from the guardianship authorities to respect all property rights of minor citizens. It is also necessary that when selling old housing and purchasing new housing, living conditions do not become worse.
As statistics show, a huge number of families who own a “maternal” certificate still spend the money received from it to improve their living conditions. This trend is quite understandable: the housing issue for Russians today is more relevant than ever. But sometimes you have to refuse apartments purchased using the above certificate: someone is not satisfied with the area of residence, layout, square footage, and so on. In this regard, many people ask the question: “Is it possible to sell an apartment purchased with maternity capital?” The answer to this will be positive, but some nuances should be taken into account, which will be discussed in this article.
As a rule, certificate owners do not think much about how to sell an apartment purchased with maternity capital. As they say, don't look a gift horse in the mouth.
In addition, the hassle associated with legal registration real estate, take a lot of effort and time. And yet, the option of expanding square meters through the sale of apartments purchased through a “mother” certificate should not be discounted. To be fair, it should be emphasized that this procedure may be associated with certain difficulties.
Firstly, the rights and interests of minor children who have a share in the apartment must be taken into account - this is controlled by government agencies represented by You don’t know where to start solving the question: “How to sell an apartment bought with maternity capital?” Advice: prepare a package of documents for the above government agency. In other words, you must receive the go-ahead for the sale of the apartment from the state.
Parents in mandatory must inform this department about the alienation of real estate acquired at the expense of the “mother” certificate. They must prove that the transaction will not result in deterioration living conditions, and the rights of the offspring will not be violated. At the same time, the family does not have to sell the “cherished” apartment: the option of exchanging housing for a more spacious one is allowed. If, however, there is still an intention to sell an apartment, then the new mansions should be located in a more prestigious area. Otherwise, the process of buying and selling housing may not take place at the initiative of government agencies.
There is another important aspect in considering the question of how to sell an apartment purchased with a mother’s certificate. We are talking about a situation where a family, in which the only source of income is the existing living space, plans a transaction to alienate the apartments, and a decision is made to transfer the children to an orphanage. Here, government agencies can approve the sale of an apartment only if the parents’ intentions are confirmed in writing.
In parallel with this, parents must open a bank deposit in the name of the child, who will be cared for by the state, and “put” on it an amount of money equivalent to the value of the share in the property being sold.
Those fathers and mothers who have a very vague idea of how to sell an apartment purchased with maternity capital will be interested in learning about the list of documents submitted to the department dealing with issues of guardianship and trusteeship.
First, you must complete applications for both father and child. An application from the minor himself (if he has reached the age of 14) will also be required.
Secondly, it is necessary for all participants in the transaction to provide passports and their copies.
Thirdly, you will need receipts written by all homeowners, in which they do not object to a minor child participating in the transaction.
Fourthly, you should provide the purchase and sale object with a (“pink” certificate, a certificate from the BTI about estimated value housing, apartment plan, certificate reflecting the state of financial accounts and confirming the absence of debt on utility bills).
When considering the question of how to sell an apartment purchased with maternity capital, the following circumstance must be taken into account: the state will give consent to the transaction for the alienation of housing if it is confident that the child will be allocated the same (or more) square meters in the new apartment. meters, as in the old ones. If the area acquired by the choir exceeds the area of the old ones, then the share of the minor offspring must be increased without fail.
What else should those who don’t know how to sell an apartment purchased with maternity capital and buy another one should pay attention to? It should be remembered that the transaction for the acquisition and alienation of real estate from the point of view of the time period must be simultaneous. In other words, it is necessary to carry out the registration procedure for both contracts in parallel.
Do you want to sell an apartment purchased with maternity capital? Do not forget that the transaction will be legal only if it is notarized.
It is also very important to remember that when making real estate transactions, you will have to pay taxes. If the apartment has been registered as a property for less than three years, then the amount of deductions to the state income will be 13% of the value of the property.
The question of how to sell an apartment purchased with maternity capital is fraught with another pitfall.
The agency in charge of the area may “reject” the transaction if it turns out that the owners of the parent certificate, after selling the old apartment, intend to purchase a new one on credit. Banking institution unlikely to provide collateral real estate, having learned that minor children will be among the “potential” owners. Their right to own square meters can be officially recognized only after material obligations to credit institution will be fulfilled in full. Let's look at the mortgage issue in more detail.
After we have found out whether it is possible to sell an apartment purchased with maternity capital and buy another, it would be useful to consider the situation when a family acquires square meters on credit with the help of MSK, and some time after paying off the debts decides to act as the seller of this housing in order to purchase a more comfortable one.
As already emphasized, if the apartments were purchased within mortgage lending, then it is impossible to repay the entire amount of the debt at once. The fact is that the bank will not agree to a pledge agreement if it determines that the owners are adults. Naturally, the process of allocating a share in this situation is “frozen” until the credit institution receives its money back. In this case, the father and mother of incapacitated offspring must submit to the Pension Fund notarized guarantees that within 6 months from the date of repayment of all debt to the bank they will complete all documents properly. The problem is that the implementation of the above guarantees is not legally regulated, and parents often neglect their obligations. IN difficult situation Only those who are potential purchasers of an apartment from an “unscrupulous” father or mother remain. The whole point is that, having reached the age of eighteen, the children of the latter can challenge the judicial procedure such a deal, and it does not matter whether the parents deliberately “overstayed” the moment or through negligence. In any case, before concluding such transactions, it would not hurt to use the services of a qualified lawyer.
Government programs in Russia are constantly improving the material component of young families. Maternity capital grows, which increases the possibility of purchasing real estate. Apartments and houses are in first place in the distribution of certificate funds. There are situations when you have to sell purchased property. The question arises: is it possible to sell an apartment purchased with maternity capital? Of course, this is the right of any property owner. But there are a number of nuances that make the sales process quite difficult.
In order to sell an apartment purchased with maternity capital, a good reason is required. It must be written down in documents submitted to the guardianship authorities.
For example:
According to the laws of the Russian Federation, when purchasing real estate with funds family capital, all family members become its owners. Everyone has the right to own, regardless of age - newborns, children under 3 years old, teenagers. The share of each tenant is stated in the documents for the purchase and sale of housing.
Its size varies depending on the number of residents, the needs and age of each family member. Therefore, if you want to sell the property, permission must be obtained from all owners.
Important! If another child is born, he also becomes a co-owner and the shares of all family members are redistributed.
According to the laws of the Russian Federation, decisions for minor owners are made by guardianship authorities. It is difficult to sell real estate in which minor children live. If all children are over 18 years old, this will facilitate the sales process. It is enough to sign a consent to sell to all family members who have a share in these square meters.
In the event that the apartment has been owned for less than 3 years (if registration after January 1, 2016 - 5 years), if it is sold, you must pay tax. But if you sell an old apartment and buy a new one in the same tax quarter, there is no need to pay a fee.
Russian law always favors the interests of the child. The reason for the sale of real estate must be compelling in the minds of not only the family, but also the guardianship representatives. There are several schemes for selling real estate purchased with maternity capital.
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In any of them, obtaining permission to sell from the guardianship authorities is paramount.
Attention! In order not to be in debt, it should be stated in the contract that the proposed buyer and seller will not demand monetary compensation in the event of refusal by the guardianship authorities.
Attention! Guardianship authorities have the right to check the condition of the proposed living conditions. If appropriate conditions for children are not met, the proposed transaction may not take place.
When submitting an application to sell an apartment using maternity capital, the following documents are required:
After approval by the guardianship authorities, there is a condition - permission to sell real estate is issued for 3 months. Therefore, the purchase and sale agreement must be provided within 3 months from the date of receipt of the permit. Otherwise, you will have to submit a request to the guardianship service again.
Important! If you risk bypassing the guardianship service and concluding a purchase and sale agreement without permitting documents, the deal will sooner or later be cancelled.
The conditions for the sale of an apartment purchased with a mortgage using maternity capital are even more difficult. As when selling an apartment without a mortgage, obtaining permission from the guardianship authorities is paramount.
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It happens that a person draws up mortgage on real estate and pays the down payment or continues to pay off the principal debt with the help of maternity capital.
At some point he needs to sell this property. Here a problem emerges - the apartment is pledged to the bank, the so-called “encumbered” living space. And until a person pays off the mortgage debt, it cannot be sold. This confusing situation can be solved. There are several options.
The first option for selling an apartment taken on a mortgage with maternity capital: sell the apartment to a person who will know that it is secured and will pay the rest of the debt for you.
Attention! This is possible if the agreement between the owner and the bank does not specify restrictions on this account. Most often they exist and are valid for the first couple of years.
The seller and buyer draw up a purchase and sale agreement. The latter pays the bank the balance of the mortgage debt. Next, the encumbrance is removed from the living space. This is registered in Rossreestr. The buyer is officially recognized as the owner. If the real estate was sold for more than the price of the mortgage debt, the balance is transferred to the previous owner.
The second option is that the mortgage loan is completely reissued to the buyer, and ownership of the encumbered property is assigned to him. He becomes the defendant on the loan.
The third option - in most cases, after the guardianship is resolved, the process occurs in this way - the seller takes written permission from the bank to sell the mortgaged property. Determines its value, the amount of debt and looks for a buyer. After the latter is found, he transfers the money to the seller, who pays the mortgage debt to the bank. Next, the transaction is registered with Rosreestr and the property becomes the property of the buyer.
This type of transaction is concluded without risk for both the buyer and the seller. Since all mortgage loans are recorded in the Federal Registration Service database, as well as the completed transaction itself. When registering it, the bank ( non-profit organization) allows a loan only after registering housing in the Federal Registration Service database. Consequently, you buy an apartment, during registration it is registered with the Federal Registration Service and they check whether it is collateral for a mortgage loan.
Whether it is worth selling an apartment purchased with maternity capital is a personal matter for everyone. There are forcing situations in life. You can take out a mortgage and after a while not be able to pay it off. In this case, it is better to sell the home. The debt will be paid by the new owner. This is better than, after accumulating a large amount of debt, the bank takes the apartment, puts it up for auction, and sells it for next to nothing. The debt to the bank will remain almost the same, only there will be no apartment.
Maternity capital is a specially designed program to help families with two or more children. Most parents who have received a maternity certificate decide to spend it on improving housing conditions, that is, on purchasing an apartment. But is it possible to alienate such living space if necessary?
The need to sell housing purchased with maternity capital may arise in the event of moving to another city for permanent residence, a desire to purchase a larger apartment, etc.
Theoretically, it is possible to sell such an apartment, but in practice, not many families resort to such a measure.
The easiest way to sell an apartment purchased with a certificate is when each family member has reached their 18th birthday. With this option, only the written consent of each homeowner is required.
If children are under 18 years old, selling an apartment will be much more difficult. To complete such a transaction, the consent of the guardianship and trusteeship authorities will be required. However, the sale of the apartment will be subject to some restrictions.
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The legislation does not establish time limits during which real estate can be alienated, but there are still some restrictions:
After receiving consent for the sale from family members and, if necessary, permission from the guardianship authorities, it is necessary to prepare a certain package of documents:
There are several ways to sell real estate purchased with the assistance of maternity capital:
There are no other options for sale, for example, sale with withdrawal of funds for everyday needs. Transactions that ignore this rule will be considered invalid.
If there are no plans for subsequent acquisition of residential space after the sale, then children's shares can be allocated in other houses. For example, in the house of grandparents, which became the property of one of the parents. It is also possible that such shares will ultimately be less than the original shares.
Sometimes it becomes necessary to sell an apartment purchased on credit through a mortgage. However, full payment has not yet been made. In this case, to complete the transaction, you will need to obtain the consent of the bank that issued the housing loan.
Without approval from a credit institution, the transaction may be considered illegal.
If there are minor children in the family, you will need to obtain the consent of the board of trustees located at the family’s place of residence. This is necessary to confirm the existence of a legal share of a minor child in this apartment.
After receiving all permissions, you can begin searching for a buyer who will agree to purchase the property with encumbrances. It should be taken into account that the cost of such an apartment is statistically lower market value by almost 10%.
If there is a buyer, the sales scheme could be as follows:
In any case, selling an apartment with a mortgage is possible.
In case of divorce, maternity capital cannot be divided. Upon divorce, all funds remain at the disposal of the certificate owner. Mostly from the mother of the child.
When purchasing living space and paying for part of it with a mother’s certificate, the apartment will be divided into certain shares. Usually these shares are equal for the husband, wife and at least two children.
During a divorce, the spouse can only claim his share in the apartment and has the right to sell it. Typically the sale is made to the second spouse after compensation has been paid.
If you want to sell a share to a third party, you will need permission from the board of trustees. According to statistics, guardianship authorities act in the interests of children. Therefore, making such a deal will be extremely problematic.
However, when selling the apartment in its entirety and subsequent division of the property, permission can be obtained. Of course, subject to the purchase of a new living space in which the children will live with one of the spouses.
It is impossible to sell an apartment purchased with a mother’s certificate without subsequently allocating the child’s share in the purchased housing. Such actions will be recognized as a violation of the rights of children under the age of majority.
Attempts to carry out such a transaction will entail inspections by the prosecutor's office and trustee authorities.
Therefore, the only legal option for carrying out the transaction is to sell the apartment and allocate the children’s shares in the newly purchased housing.
Apartments obtained with the participation of a maternal certificate in one way or another may hide risks for future owners. This is due to children's shares when completing the transaction. Any violation of the procedure may lead to cancellation of the contract and recognition of the transaction as invalid.
Owners who have not allocated children's shares in the apartment being sold or purchased in advance pose a particular danger. If such a fact is discovered, the transaction will also be cancelled.
Therefore, when purchasing real estate from a family with two or more children, you should clarify:
It is obvious that in a difficult situation when selling housing, part of which was purchased with capital, it is mostly the buyers who find themselves in a difficult situation. They face the risk of the deal being canceled even after several years. However, the seller also has risks. Especially if it comes to the prosecutor’s office and the child protection agency.
Thus, the sale of an apartment or house purchased with funds from the mother’s certificate is possible subject to certain conditions and requirements.
That is, selling a house and buying another apartment is possible if:
In fact, the main problem with such transactions is the owner’s obligation to provide guarantees that property rights children will not be violated during the resale of the home.
More than 90% of families use maternity capital to improve their living conditions. But this is also housing for many participants programs they want to exchange for a more comfortable one - larger in size or located in a more convenient area. We answer the questions:how to sell an apartment purchased with maternity capital, is this possible, how to avoid risks and difficulties and complete the transaction as quickly as possible.
The legislation of the Russian Federation does not prohibit the sale of real estate purchased with maternity capital. Such real estate transactions are regulated by:
▪ the federal law"On additional measures state support families with children" - reveals the intricacies of handling maternal capital;
▪ articles of the Civil Code of the Russian Federation No. 28, 36, 37, 454, 455, 456 - talk about the responsibilities of parents to children, the rules of transactions with the child’s property and general rules purchase and sale.
According to these laws, parents or guardians must take care of providing minor children with everything they need, live with the children and give them a share in an apartment or house. The most important thing is not to violate the rights of the child, which are monitored by the guardianship authorities. Any procedure requires written permission from the guardianship authorities.
If children in the family have reached 18 years of age, only their written consent certified by a notary is required.
🔹 The apartment you are selling must be in common ownership of the whole family.
🔹 If you bought an apartment using borrowed funds and registered it only in the name of the mother or father of the children, before selling it you need to register it in common property. This procedure is called a notarial duty, and you will have 6 months to complete it.
🔹 If the children are adults, their consent is needed, if not, the authority guardianship and guardianship.
🔹 Children should receive the same or larger shares from the new housing - smaller shares are allowed to receive only if living conditions significantly improve.
🔹 Approval from the guardianship and trusteeship authorities, the Pension Fund and, in the case of a mortgage, from the bank is required.
🔹 It is necessary to prepare a new living space in advance - with equal or better conditions, deposit and registration in Rosreestr.
🔹 Prove to the guardianship council that you will not infringe on the rights of children - you will ensure the same shares, and living conditions will not worsen.
🔹 Ownership is divided among all members families , and parents act only in the interests of their children - the state strictly controls all processes of real estate purchase and sale transactions.
🔹 Parents' divorce will not affect the change in the share for children.
🔹 Anyone living and registered in an apartment has the right to a share in the new home after the sale.
🔹 If the apartment has been owned for less than 3 years or less than 5 years when purchased after January 1, 2016, you must pay tax for it.
🔹 It is important to maintain the level of housing conditions when replacing housing purchased with maternity capital, but it is possible to purchase new housing with a smaller area - for example, if one of the children needs special expensive treatment or the parents receive a smaller share in the new housing in favor of equal shares for the children.
The transaction itself can be completed at any time after purchasing an apartment using maternity capital. The main thing is to get permission . Without permission to sell the property of minors, the notary will not certify the transaction, and Rosreestr will not register the transfer of ownership. After receiving an extract from the Unified State Register of Real Estate for the purchased property, you must submit it to the guardianship authorities within 30 days after registration. If the transaction could not be completed, you will have to obtain a new permit.
When not needed.According to Article 217.1 of the Tax Code of the Russian Federation, if you have owned the property for more than 3–5 years, depending on the date of acquisition. The seller does not pay tax and does not submit a 3-NDFL declaration.
There are options when tax does not need to be paid when conducting a transaction in a single tax period or if the family did not use the tax deduction. However, each case is individual - here it is better to consult a tax consultant so as not to make a mistake.
When to pay.Sales tax must be paid if the apartment has been owned by the family for less than 3 years, or less than 5 years when registering ownership after January 1, 2016.
How to calculate the tenure of real estate.The countdown must be carried out from the date of ownership according to the USRN extract or from the certificate of state registration rights. They count not in years, but in months: 3 years - 36 months, 5 years - 60 months.
If the ownership period does not reach 3 years, two methods of taxation when selling it will suit you.
💰 sale price under the alienation agreement minus 1,000,000 rubles of property tax deduction, if applicable;
💰 sale price under the alienation agreement minus the documented purchase price of the apartment.
In both cases, you need to submit a tax deduction return yourself, because the tax office does not provide such a procedure by default. This option does not take into account the cadastral value of housing.
If the sales agreement specifies an amount of more than 70% cadastral value , you can pay the tax in the same two ways. Here the cadastral value is taken into account as of January 1 of the year in which the transfer of ownership to the buyer is registered.
Example 1.You bought an apartment 3 years ago in 2016 for 3,000,000 rubles and are selling it in 2019 for 5,000,000 rubles. The cadastral price of the apartment is 3,500,000 rubles, and 70% of this amount is 2,450,000 rubles. The sale price of 5 million rubles is more than 70% of the cadastral value of 3.5 million. Select the tax base:
Example 2.Having bought an apartment 3 years ago in 2016 for 3 million rubles, you sell it in 2019 also for 3 million rubles. The cadastral value of real estate for 2019 is 3.5 million, and 70% of the amount is 2.45 million. The sale price of 3,000,000 exceeds 70% of the cadastral price. Choose how to pay tax:
The sale agreement specifies an amount less than 70% of the cadastral value.The cadastral value is taken into account as of January 1 of the year in which the transfer of ownership to the buyer was registered. Calculate your tax using the most appropriate method of your choice:
▪ subtract from 70% of the cadastral value property tax 1,000,000 rubles, if it is due;
▪ subtract the documented purchase price of this apartment from 70% of the cadastral value.
For each option, you need to file a tax return yourself.
Example 1.You bought an apartment 4 years ago in 2016 for 2,000,000 rubles, and are selling it in 2020 for 3,000,000 rubles. Cadastral value - 3,500,000 rubles, 70% - 2,450,000 rubles. The sale price in the 2020 contract is less than 70% of the cadastral value. You choose a tax option:
Example 2.You inherited an apartment in 2016 from a close relative and sell it for 4,000,000 rubles in 2020. Because the minimum term ownership to exempt real estate from tax - 3 years, you do not pay tax
Equal shares in new housing.To accomplish this condition , agree on a one-time transaction for the sale of your old home and the purchase of a new apartment or house. You can also give your children shares in the apartment of a close relative.
In case of purchase, make a deposit, indicate the children as the owners in the purchase agreement, specifying the shares that will belong to them. Sign preliminary agreements for sale and purchase, or a preliminary agreement for sale and draw up a template for the main purchase and sale agreement for the purchase for approval by the guardianship and trusteeship authorities.
In case of donation, sign a preliminary sales agreement and prepare a donation agreement template for approval by the guardianship and trusteeship authorities.
Agree on the transaction for the sale of old housing and the purchase of a new apartment or house with the guardianship and trusteeship authorities.
Financial compensation.With the preliminary approval of the guardianship authorities, instead of a share, children are allowed to receive monetary compensation in the amount of the value of the sold share at the time of the transaction. To do this, you need to provide the guardianship and trusteeship authorities with an application and a certificate about the value of the children's shares.
When the guardianship and trusteeship authority approves the application, open bank accounts in the name of the children and deposit money there. Keep facilities You can use a regular savings account or with interest accrual to:
❗ child disposed of them independently at the age of 18;
❗ parents disposed of them in the interests of the child at a time when he was not yet 18 years old - for example, they purchased a new home.
Remember that any disposal of property of minors must be approved by the guardianship authorities.
Shares for children in relatives' apartment.If you are not planning to buy a new apartment, the law allows you to allocate shares to children in the living space of your closest relatives - for example, from grandparents.
In some regions, it is allowed to allocate shares of smaller quadrature if:
✔ relatives’ apartment is more than sold;
✔ there is a big difference in the cost of housing - for example, depending on the area, infrastructure, and the condition of the house.
But such nuances should be discussed in advance with lawyers and take into account the practice of your particular region of residence.
To obtain permission from the guardianship authorities and register the transfer of rights in Rosreestr, you need to prepare and collect a package of documents.
List of documents.You need to take the documents to the representative office of the guardianship authorities or to the MFC. At the representative office, a specialist will be able to certify copies of documents based on the originals submitted:
📂 Application from both parents or legal representatives of the child to the guardianship authorities. If there is only one legal representative, you will need to attach evidence of this to the application. For example, a death certificate, a document declaring one of the parents missing. If one of the representatives simply cannot come to the guardianship department in person, you need to provide a notarized consent to sell the home.
📂 Passport of a citizen of the Russian Federation of the child, if he is already 14, and a birth certificate. If the child is under 14 years old, all you need is a birth certificate.
📂 Passports or other identification documents of legal
representatives of the minor - parents or guardians.
📂 Documents for real estate (sale and purchase) - cadastral and technical passports, certificate of ownership, extract from the Unified State Register and more.
📂 Document of title (document of the basis for a counter transaction): agreement of purchase and sale, privatization, donation, exchange, certificate of right to inheritance by law or will, agreement of participation in shared construction, assignment of rights of claim under an agreement for participation in shared construction, a court decision on recognition of ownership rights.
📂 Permission from the bank if the apartment has a mortgage.
📂 Permission from the Pension Fund and a certificate of family capital, if the buyer of your apartment also uses maternity capital funds.
📂 Your family capital certificate used when purchasing an apartment.
📂 Consent of the spouse to the transaction.
📂Consent of an adult child who has a share in the apartment.
📂 Insurance on the apartment, if available.
📂 Preliminary agreements purchase and sale.
📂 Certificate of construction readiness of the object by at least 70% with participation in shared construction.
The package of documents varies depending on the terms of purchase and sale. So as not to forget necessary papers, consult with a lawyer - this will help reduce the time required for consideration of the application and avoid refusal.
Mandatory clauses of the contract.Check that the purchase and sale agreement includes:
📌 parties to the transaction, rights and their obligations;
📌 legal grounds for the transaction and applications that confirm this;
📌 real estate characteristics, address, location;
📌 transaction amount; Step 3. Obtain permission from the guardianship authorities and the Pension Fund of Russia
All transactions with shared ownership certified by a notary. Without permission from the guardianship authorities and the Pension Fund of the Russian Federation, the notary will not certify the agreement.
Guardianship and trusteeship authority.The sale of an apartment whose owners are minors must be approved by the guardianship authorities. Without approval, your actions will be considered illegal. Write an application and attach the required package of documents for your case. The transaction can only be completed with written permission from the guardianship authorities for the sale.
According to Part 3 of Art. 21 of the Federal Law “On Guardianship and Trusteeship” the application and documents are considered within 15 days from the date of filing the application. Until the end of this period, the guardianship authorities are required to issue a preliminary permit or refuse to issue it. Ready permission is the decision of the manager municipality with his signature.
Pension Fund of the Russian Federation.By law, parents are required to comply with this mandatory Pension Fund- register the property as the property of all family members. If you bought an apartment with a mortgage, the shares need to be allocated after you have fully paid off the loan and gotten rid of the bank encumbrance. Until this happens, the deal with the apartment, where the children did not receive a share, will be declared invalid. Therefore, for a legal sale, you need to register housing in accordance with the requirements of the Pension Fund.
You also need to coordinate the deal with the guardianship authorities if you have allocated shares to children in mortgaged apartment, and in case not. Then select the appropriate sales scheme:
💡 part of the money from the buyer will go to repay the loan;
💡 by agreement with the bank, credit obligations are transferred to the buyer;
💡 you pay off the mortgage yourself to remove the encumbrance from the property, and then re-register it to the buyer.
If you used matkapital to pay off your mortgage, you will have a notarial obligation in your hands. According to it, you must allocate a share to your children in an apartment that has not yet been sold after repaying the loan.
However, the law does not provide for a deadline for fulfilling this obligation - and it expires 6 months after the removal of encumbrances from the real estate.Sell housing purchased with maternity capital, also possible at any time after purchase. To avoid being suspected of fraud, carefully monitor this moment, save all the necessary papers and secure support from guardianship authorities.
The property you purchase in return must meet the conditions for comfortable living:
✅ infrastructure - developed and acceptable for children, with kindergartens, schools, hospitals, parks and so on;
✅ area of new housing - children should have the same or larger area;
✅ year of construction - it is impossible for new housing to be dilapidated or in emergency condition;
✅ location - safe and comfortable area;
✅ the condition of the apartment is no worse than the previous one, purchased with maternity capital.
For example, the Zykin family purchased an apartment with maternal capital, but the shares have not yet been allocated to the children. Now the Zykins want to sell the apartment in order to use the proceeds to build a larger house. The difficulty is that they cannot allocate shares in a house under construction, and they cannot begin construction without selling the apartment - they do not have enough savings.
The Zykins can allocate shares in the apartment being sold, carry out the sale, and transfer the funds from the sale to the children’s savings accounts, or use the apartment of a close relative, such as a grandmother, as a counter option, allocating shares in the apartment to the children under a gift agreement.
For the buyerThe risk lies in non-compliance with the procedure for allocating shares to children. If parents sell an apartment purchased with maternity capital, but the shares have not yet been allocated to the children, the transaction can be challenged in court. If the court finds that the parents violated the order, the purchase and sale will be declared invalid. In this case, the property is returned to the original owners, and the owners get their money back.
For the sellerthe main risks are associated with disapproval of transactions from the Pension Fund, bank or guardianship authorities. Such a deal may be challenged in court and administrative liability may be imposed on the parents. To avoid such complications, first obtain all permissions from these authorities and proceed with the transaction only after approval.
