One of the types of real estate transactions is the conclusion of an agreement on the exchange of real estate. A contract for the exchange of real estate is a paid, bilateral agreement, according to which the owners of objects are both buyers and sellers. Cash equivalent - goods exchanged.
Important! If the value of the exchanged objects is not equivalent in these relationships, cash as an additional payment to ensure equivalence.
According to the Civil Code of the Russian Federation, a barter agreement means a transaction in which each party undertakes to transfer the ownership of a product to the other party exclusively in exchange for another product. In terms of its economic content, this type of transaction is comparable to a purchase and sale agreement, therefore general rules compilations are uniform. Barter transactions involving the transfer of ownership of real estate are subject to mandatory state registration; it must be accompanied by an acceptance certificate, signed directly during the exchange of documents and keys.
Essential terms of the exchange agreement
- The subject of this type of relationship is that information about the immovable subject of the transaction must be specified, indicating its cadastral characteristics (location, area, etc.).
- For exchange transactions of residential premises - a list of persons retaining the right to use the object after a change of owner.
- Additional terms, on which an agreement must be reached at the request of the parties to the transaction.
- The value of the transferred real estate asset (the price of all goods).
Attention! If one of the conditions is missing, the agreement cannot be reached and is considered invalid.
In addition, if the values of the transferred objects are unequal, a mandatory condition specified in advance in the agreement is the amount of the additional payment; in the absence of this information, the price of the real estate is considered equal.
Important! When making an additional payment, the owner who received the money receives income and must pay 13% tax on it, in accordance with current legislation.
A distinctive characteristic of exchange transactions is that both participants act as both the seller and the buyer of the goods, and therefore are endowed with the same rights and obligations of either party.
Attention! More than two participating parties may be present during an exchange.
Important point when concluding complex agreements, the exchange of goods occurs only between objects whose rights are registered.
Main features of the barter agreement
- The focus is on transferring property into ownership (convergence with purchase and sale transactions) - the return of property is excluded.
- Counter provision is an exchange of goods exclusively for goods with a number of exceptions:
- availability of additional payment in case of non-equivalence;
- exchange of other property for real estate (for example, a car for an apartment);
- exchange of large real estate for several small ones (for equal value of the transaction
The moment of transfer of ownership is the simultaneous transfer of ownership when the parties fulfill all the terms of the agreement and undergo state registration. If one of the parties fails to register the transaction, compensation for damages due to the delay is provided.
Approximate list of documents required for state registration of real estate exchange agreements
- Statement from the parties to the transaction (their official representatives).
- Confirmation of registration payment (copy, original).
- For individuals: identification documents.
For legal entities: constituent documents, registration documents as a taxpayer with assignment of TIN (original, copies), extract from the Unified State Register of Legal Entities. - Confirmation of the authority of the representative (original, copy of the power of attorney).
- Original written agreements - one copy for each of the parties to the transaction and one for attachment to the case.
- Documents confirming ownership of the material being exchanged.
- Cadastral passports of the transaction objects (original, copy certified by the authority that issued this document).
- Confirmation of transfer of real estate.
- Permission from guardianship authorities if a minor has part of the property.
- Consent of one of the spouses when purchasing real estate during marriage.
Exchange agreement form
This type of agreement does not contain a specific legally established sample, therefore, in structure, the sample agreements on such transactions with property objects coincides with the form concluded when selling real estate assets, i.e. it must be concluded in writing in the form of one document signed by all parties to the transaction .
Attention! When exchanging real estate different regions the change of ownership is carried out separately at the location of each object (registration of the exchange agreement is carried out in one of the territorial service bodies within the districts in which the objects are located).
A real estate exchange agreement can be drawn up based on the sample.
Conclusion
One of the oldest ways of interaction between people is exchange. Goods exchange is a tool of relationships in which a transaction occurs for goods without attracting funds. In accordance with current legislation, an exchange agreement is a type of agreement under which goods are exchanged with each other with a change of owner (a mandatory condition of the agreement).
Participating parties can be both individuals and legal entities having ownership rights to this object. The exchange of real estate can take place both for equal real estate and for another product.
In general, an agreement on the exchange of assets with a transfer of ownership is similar to a purchase and sale transaction, but has its own characteristics and limitations. You can draw up a sample agreement yourself, based on the sample purchase and sale, but including some changes.
Among other things, the advantage of an agreement for the exchange of residential premises is the reduction in demand for housing: citizens have the right to dispose of their property without having available funds.
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A real estate exchange agreement is concluded for the purpose of transferring a property into legal possession of another person in exchange for other property, in accordance with Article 567 of the Civil Code of the Russian Federation. This is due to the right of the owner to dispose of his property as he pleases, in accordance with legislative norms, including transferring rights to property to another person.
The essence of the barter agreement
An exchange agreement is a bilateral agreement on the mutual exchange of real estate or goods with the provision of full use. In foreign trade it is barter.
When concluding an exchange agreement, each of the parties to the transaction is recognized as simultaneously the seller of the transferred goods and the buyer of the accepted exchange goods or property rights.
Participants in the exchange can be both individuals and legal entities. Transactions between relatives are common, which is not prohibited by Russian law.
The exchange agreement has some nuances regarding the indication of the price of the transferred objects. For example, if the goods are of equal value, then their value may not be indicated. If one of the exchanged goods is lower than the cost of the second, then its owner undertakes to pay the difference, which is entered as a separate item.
In the case of the exchange of real estate, the transfer of property rights to objects does not occur simultaneously, but only after each party completes registration procedures.
Conditions of conclusion
An agreement for the exchange of real estate is similar in terms to a purchase and sale agreement, and therefore the legislative regulations can be extended to this type of transaction, in accordance with clause 2 of Art. 567 Civil Code of the Russian Federation. The exchange agreement states general conditions agreements and essential.
The terms of the exchange agreement include:
- The subject of the agreement is the only essential condition;
- Parties to the transaction;
- List of persons who retain the right to use the transferred real estate, if any;
- Quantity, quality and other characteristics of exchange items;
- Exchange conditions, procedure and period;
- Conditions of return and compensation of losses;
- Other necessary conditions from the participants' point of view.
Specifying the price is not an essential condition of the exchange agreement, even if real estate is exchanged.
Essential conditions include the rights of citizens who, taking into account the law, have the right to use the transferred real estate. Most often this concerns contracts for the exchange of apartments, houses and other residential properties.
The agreement must include a list of the rights of these citizens to use housing after a change of owner. These include persons living under a tenancy agreement, dependents, incapacitated citizens, former members owner's family, etc.
Drawing up a contract for the exchange of real estate
The specific form of the exchange agreement is not approved by law. To such an agreement, if it concerns real estate, the standards for drawing up the model of a real estate purchase and sale agreement are applied. That is, the exchange agreement is drawn up in writing, in one document, and signed by the parties to the transaction, in accordance with Art. 550 Civil Code of the Russian Federation.
Notarization is optional, but not prohibited. The participants certify the document with their signatures, which is a sufficient condition for this type of agreement. Upon application to the Unified State Register of Real Estate, the registrar checks the real estate exchange agreement and attached documents.
Structure The real estate exchange agreement looks like this:
- The introduction contains the name of the agreement and information about the participants, including their passport details;
- The subject of the exchange agreement implies a description of goods and property rights on which there is no encumbrance (clause 2 of Article 557 of the Civil Code). The exchanged objects are assumed to be of equal value (clause 1 of Article 568 of the Civil Code), and in the case of a price difference, the owner of the cheaper object makes an additional payment (clause 2 of Article 568 of the Civil Code);
- Parties to the agreement can only be adult, capable individuals and legal entities;
- The terms and conditions are determined by the parties. If objects are passed to different times, the right of ownership of the participants arises only after both parties receive the objects (Article 570 of the Civil Code). The rule on counter-fulfillment of obligations is also applicable (Article 328 of the Civil Code, Article 569 of the Civil Code).
Detailed content The exchange agreement looks like this:
- Title of the document, date and place of preparation;
- Full names, addresses, passport details of the parties to the transaction. For legal entities - registration and supporting documents;
- Description and characteristics of the subject of the contract. If this is real estate, then enter in detail all the characteristics that will allow you to identify the object to be exchanged;
- Amount and terms of additional payment, if required;
- The procedure for completing a transaction;
- Rights and obligations of the parties;
- Responsibility of participants;
- Other conditions are at the discretion of the parties;
- Date, place and signature of participants. For legal entities - signature and seal.
If the subject of exchange is an apartment, house or other real estate, then it is recommended to include the following in the contract: clarifications, in addition to the main ones:
- Detailed characteristics of the property - address, floor, house number, total area, cadastral number and other characteristics;
- Indicate what shortcomings the object has so that controversial issues do not arise;
- If the property is in common or shared ownership, then a clause on obtaining consent to the transaction is included. Written permission regarding the consent of other persons is attached to the main agreement;
- When exchanging apartments or other housing, it is necessary to specify the procedure and terms for their release (terms for check-out and complete release);
- Confirmation of the absence of encumbrances and debts;
- Introduce a clause on the procedure and method for resolving disputes.
Exchange of real estate for movable property
According to the Federal Law dated July 13, 2015 N 218-FZ (as amended on December 25, 2018) and the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 24, 2002 N 69, owners of movable and immovable property have the opportunity to exchange it by concluding a property exchange agreement.
The document is drawn up in writing, which indicates essential conditions agreements. If there is an exchange of real estate for movable property, the parties can contact a notary.
If the contract is drawn up independently, the following must be agreed upon:
- Describe in detail the items of exchange, giving full characteristics in order to identify them. So, for an apartment you must indicate the address, floor, area, disadvantages and other characteristics. For a car - number, make, color, defects and other technical characteristics;
- If the objects of the object are in shared or joint ownership, indicate the permission for the transaction;
- Indicate the cost of the exchange items and the difference for additional payment.
The remaining clauses of the agreement for the exchange of real estate for movable property remain the same as in the standard agreement.
Agreements for the exchange of movable property for real estate must be registered in the Unified State Register or MFC, since one of the objects is real estate and a transfer of ownership rights is necessary.
Exchange with surcharge
For standard exchange contracts, the indication of value is not an essential condition and assumes the exchange of goods of equal value. But, for exchange in the case of real estate, it is necessary to determine the price of each of the transferred objects, since most often they are not of equal value.
The agreement includes a clause on the cost of each of the objects. The difference in surcharge is established for the participant who provides goods of lower value, or the possibility of compensation in other ways is provided. The deadline for additional payment is also indicated. If this clause is not specified, then there is a risk of not receiving a refund.
Procedure for registering an exchange agreement
Taking into account the Federal Law of July 13, 2015 N 218-FZ (as amended on December 25, 2018), if in the exchange agreement one of the transferred goods or both are real estate, then state registration is a mandatory procedure. The participant will receive ownership of the property after contacting the registration authority.
Taking into account Art. 570 of the Civil Code of the Russian Federation, state registration of the exchange agreement is carried out after the mutual exchange of real estate objects, according to the transfer and acceptance certificate.
Registration of ownership of an apartment or any other real estate passes as follows:
- Each party collects the required package of documents and fills out an application for registration of the property;
- The papers and application are submitted to the registration authority at the location of the transferred object;
- At the time of submitting the application, a state fee of 2 thousand rubles for individuals and 22 thousand rubles for legal entities must be paid;
- If applications were submitted in different places, the registration authorities notify each other;
- After checking the documents, the exchange agreement is registered within 5 days, if there are no complaints about the documentation and the participants receive a certificate of ownership of the real estate.
Required documents
In order to exchange real estate, it is necessary to provide
The owner of real estate has the right to dispose of it at his own discretion - give, sell, inherit, exchange. The latter option is not used as often as selling, since it is difficult to find options that best suit both parties. The most common is the conclusion of an agreement for the exchange of real estate between relatives and friends, but the law does not prohibit the exchange of objects by complete strangers.
Legal basis
The exchange of an apartment differs from the procedure under an exchange agreement, since the exchange of housing involves a change of residence without re-registration of private property. Such cases include apartments provided under a social lease agreement. A feature of such transactions is the use of property rights as payment, excluding cash.
Civil law regulates the procedure for drawing up an exchange agreement. According to Art. 567, this document refers to transactions with real estate, accompanied by the exchange of housing between the parties. The law assumes the equivalence of the upcoming exchange, but the exchange agreement may indicate otherwise.
Legal feature Such an agreement serves as recognition of both parties as both the future owner and the seller of the current property.
The process of exchanging property is accompanied by the mandatory drawing up of an agreement, which specifies the conditions for the upcoming exchange and entry into new rights.
An exchange agreement has many similarities with a real estate deed:
- property rights that each party acquires after concluding the contract are accepted as payment;
- To recognize a transaction as legal, it is necessary to confirm the fact of transfer of rights between the participants in the process by registering property and making a registration entry about the transaction.
An exchange of property is considered unequal if one party gains a certain additional benefit. Any of the conditions of the exchange procedure is subject to fixation in the clauses of the contract.
Basic rules for drawing up an exchange agreement
Not always when exchanging real estate, the objects of the transaction are recognized as equivalent. Most often, the exchange is accompanied by the payment of additional compensation to one of the parties, i.e. additional payment.
When drawing up a document, we proceed from the need to include mandatory clauses and conditions:
- subject of the contract - both objects are indicated with a detailed description of the main characteristics and exact address, including floor, number of rooms, size of objects;
- exchange does not mean that the owners exchange the same types of real estate - when transferring an apartment, the second party can receive a plot, movable property, and other valuable things;
- if there is a difference in the value of the property being exchanged, they proceed from the provisions of clause 2 of Art. 568 of the Civil Code, establishing the procedure for processing compensation payments to the party whose property turned out to be more expensive;
- the contract must indicate the price for each of the objects, as well as determine an additional payment in case of unequal value;
- each of the parties acts simultaneously as the owner of the alienated property and the acquirer, however, the law has not established any special name for the participants in the transaction;
- the text of the agreement must indicate the deadlines for the fulfillment of obligations by the parties, and the process of transferring property is accompanied by the preparation of an acceptance certificate.
Video about concluding an exchange agreement
There are not always two participants in the exchange - in some cases, the transaction is carried out between several parties, and the concluded agreement belongs to the category of legally complex documents.
An agreement for the exchange of real estate is quite common in legal relations related to the turnover of real estate. At its core, it is in many ways similar to a purchase and sale agreement - in both agreements, real estate is acquired. However, in an exchange agreement, the buyer is also the seller, and this dual role is played by both parties to the agreement, and the equivalent of money (under the purchase and sale agreement) is the real estate being exchanged. In some cases, money may also appear in the exchange agreement - if the exchanged apartments are not equivalent in value and one of the parties must pay the other a certain amount in order for the exchange to be equal. Let us consider in more detail the essential points relating to the barter agreement.
The concept of a real estate exchange agreement. Parties to the agreement, main provisions
The law (Article 567 of the Civil Code of the Russian Federation) provides a general definition of an exchange agreement. This is an agreement under which each party undertakes to transfer ownership of one product to the other party in exchange for another. In relation to a real estate exchange agreement, it can be clarified that real estate is transferred under this agreement. As mentioned above, in the event of unequal value of the real estate being exchanged, one party pays the other the difference in cash equivalent. And although this agreement, based on its essence, should reflect the processes of transfer of property from one person to another, without the participation of money, in practice, situations are more common when real estate is exchanged with an additional payment, since it is extremely difficult to find absolutely equivalent real estate. The real estate exchange agreement in economic content and legal characteristics is in many ways similar to the purchase and sale agreement, and therefore in general rules subject to the rules of purchase and sale. For a contract for the exchange of real estate, as well as for a contract of sale and purchase, it is mandatory to indicate the subject of the contract and its detailed description. Since the exchange agreement involves a mutual transfer of objects, it is necessary to give a description of both property objects. So, in the contract it is necessary to accurately describe the property being exchanged: for an apartment - indicate the address, area, number of rooms, number of floors and other parameters. When changing a land plot, it is necessary to indicate its location, category of land, purpose of use, and area of the plot.
It should be noted that when talking about an agreement for the exchange of real estate, at first glance it may seem that we are only talking about the exchange of essentially identical items - an apartment for an apartment, a plot of land for a plot of land. But in fact, this is not so. For example, it is possible for the owner of a residential property to exchange it for any other housing or for a plot of land. It is also sometimes possible to exchange for a completely different property, for example, a car (although such transactions are very rare).
Due to the fact that real estate exchanged can be extremely rarely of equal value, a rule has been established by law (Article 568, paragraph 2 of the Civil Code of the Russian Federation) on the payment of compensation to those parties to the agreement whose real estate is of less value than real estate (apartment, land plot, etc.) .d.) represented by the opposite party. However, such disparity must be stipulated in advance in the contract concluded, and not be the result of subsequent assessments.
Having mentioned the price in the real estate exchange agreement, it should be noted that we are talking about the price of each of the exchanged objects. The price of each property must be indicated in the contract - this is an essential condition. In case of unequal value of the objects, it is also necessary to indicate the amount of the additional payment - payment is made immediately before or after the transfer of property - this must also be indicated in the contract.
I would like to say a few words about the parties to this agreement. In an exchange agreement, the buyer and seller are, as it were, combined in one person: each party to the transaction is recognized as both the seller of the real estate that it undertakes to sell, and at the same time the buyer of other real estate, which it undertakes to accept in exchange. Consequently, each party to this agreement is simultaneously endowed with both the rights and obligations of both the seller and the buyer. This is one of the distinctive qualities of a real estate exchange agreement. In addition, I would like to note that the legislation does not establish special names for each of the parties to this agreement.
You should also know that more than two parties can participate in a real estate exchange agreement - these are complex exchange agreements in which three or more parties participate. When drawing up such agreements, it is important that the parties transfer only those premises for which they have registered rights. That is, when concluding an agreement with a large number of parties, first of all, it is necessary to make sure that the transferred property belongs to the persons participating in the agreement by right of ownership.
The real estate exchange agreement must indicate the timing of the transfer of property. And, in addition, as in the case of purchase and sale, you need to draw up an act of acceptance and transfer of the apartment. The parties should sign this act immediately at the time of exchanging keys and documents for housing.
Just as in cases of purchase and sale, for contracts for the exchange of real estate, if one of the owners (co-owners) is a minor, it is necessary to obtain permission from the guardianship authorities. Also, if the property being exchanged was acquired during marriage, a notarized consent of the spouse to the transaction is required.
An essential condition of the agreement for the exchange of an apartment (residential building) is the list of persons retaining the right to use the residential premises after its transfer to the new owner. If this requirement is not met, the contract is considered not concluded, which means its registration is impossible.
Exchange agreement form, required documents
Since the rules of the purchase and sale agreement apply to the real estate exchange agreement, the exchange agreement can be drawn up in simple written form, or, at the request of the parties, it can be notarized. Notarization is desirable in cases of complex contracts, as discussed above.
In addition, just like a real estate purchase and sale agreement, a real estate exchange agreement is subject to mandatory state registration. Also, the transfer of ownership of the exchanged property is subject to registration - it is necessary to register the ownership rights of the new owners of the property. If the property being exchanged is located in different cities, then both transfers of ownership are registered separately - state registration is carried out at the location of the housing, therefore, the ownership of the new owner is registered in the city where the property is located.
For registration, the following documents are submitted to the Federal Registration Service:
The exchange agreement itself, signed by the parties;
Title documents of the parties for the exchanged real estate;
Identification documents of the parties to the transaction (passport);
Technical documentation for the exchanged real estate (Rostekhinventarizatsiya documents - technical passport and estimated value - when exchanging apartments; cadastral passport of a land plot, documentation for buildings on a land plot - when exchanging land plots, etc.);
Receipt of payment of the state registration fee;
Owner statements;
An extract from the house register and a certificate of absence of rent arrears (when exchanging apartments);
Notarized consent of the spouse to the transaction, and in the absence of a spouse from the party to the transaction - a notarized statement about the absence of the spouse;
Help from tax authorities about the absence of debt on property taxes;
Consent of the guardianship and trusteeship authorities (when making a transaction to dispose of housing in which minors, partially or completely incompetent citizens live).
The ownership of real estate passes to the acquirer from the moment of state registration, and its execution before this moment (transfer of documents, eviction and move-in, etc.) does not entail the transfer of ownership, the burden of maintenance and the risk of accidental loss of property to the acquirer (Article 210 , 211 Civil Code of the Russian Federation). At the same time, state registration of rights to real estate transferred by the parties under an exchange agreement must be carried out simultaneously. However, if one of the parties evades state registration of the transfer of ownership, it must compensate the other party for losses caused by the delay in registration.
Speaking of taxation, in connection with the conclusion of a real estate exchange agreement, you should be aware that the owner who received the money will have to pay a personal income tax of 13%.
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Civil legislation determines that barter allows the voluntary transfer of property rights to any thing in exchange for the rights of ownership of any other thing.
According to Article 567 of the Civil Code of the Russian Federation, the persons participating in the exchange are recognized as the seller and the buyer, and the exchange agreement between these persons is regulated as a purchase and sale transaction. Initially it is assumed that the objects to be exchanged are of equal value.
Article 567 of the Civil Code of the Russian Federation. Barter agreement
- Under an exchange agreement, each party undertakes to transfer one product into the ownership of the other party in exchange for another.
- The rules on purchase and sale (Chapter 30) are applied to the exchange agreement, if this does not contradict the rules of this chapter and the essence of the exchange. In this case, each of the parties is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.
In the event of a discrepancy in the value of the exchanged items, an additional payment is provided for the item whose value is higher solely by agreement of the exchanging parties. An exchange document is drawn up to legally regulate the relationship between the exchanging parties and to avoid any misunderstandings between the parties.
The exchange agreement has the following distinctive features:
- The main focus is the transfer of any property into ownership of another person.
- Has the nature of a consideration.
- Has the moment of transfer of ownership rights.
Legislation
Reference! The exchange process is regulated mainly by Chapter 31 of the Civil Code of Russia. It is this chapter that defines the basic rules for performing barter, as well as the procedure for drawing up and processing the relevant documentation.
Thus, this legislative act is fundamental in regulating issues of this kind. It also helps to understand the specifics of drawing up contracts for the exchange of real estate for premises and movable property.
Exchange of premises
Since the form of the contract for the exchange of real estate for real estate is not strictly defined by law (with the exception of the above-mentioned 31st Chapter of the Civil Code of the Russian Federation), the rules on the form of purchase and sale of real estate are applicable to such an agreement. The latter is regulated by paragraph 2 of Article 567 of the Civil Code of the Russian Federation.
For the exchange of residential premises, the regulator is, and when exchanging property belonging to an enterprise, one should be guided by Article 560 Civil Code RF.
Article 560 of the Civil Code of the Russian Federation. Form and state registration of the agreement for the sale of an enterprise
- The contract for the sale of an enterprise is concluded in writing by drawing up one document signed by the parties (clause 2 of Article), with the obligatory attachment to it of the documents specified in paragraph 2 of Article 561 of this Code.
- Failure to comply with the form of the agreement for the sale of an enterprise entails its invalidity.
- The contract for the sale of an enterprise is subject to state registration and is considered concluded from the moment of such registration.
With regard to the registration of the fact of transfer of ownership rights to real estate: such registration is carried out only when both parties to the exchange agreement have complied with the obligations specified in Article 570 of the Civil Code of the Russian Federation. All this indicates that registering the transfer of ownership rights implies the mandatory provision of transfer deeds that confirm the transfer of real estate.
Exchange of movable property
With this type of exchange, first of all, it is necessary to take into account the frequent inequality of objects of exchange. And here one should be guided by paragraph 2 of Article 568 of the Civil Code of the Russian Federation, according to which, when exchanging objects of unequal value, an additional payment is provided for by the person whose object is less valuable.
Otherwise, the legislative norms remain similar to those that apply when exchanging real estate for real estate.
How is it drawn up for the exchange of real estate for similar property?
Differences in registration between individuals and legal entities
Real estate exchange agreements can be concluded both between individuals and legal entities. The differences between such documents are minimal, but they still exist.
In the case of legal entities, contractual documents must contain information about the legal entity:
- date and place of registration;
- legal addresses;
- bank accounts through which additional payments will be made (in the case of unequal exchange), etc.
Such contracts differ in how they are filled out. So, if the introductory part of a document for individuals contains only passport data of individuals, then in the case of a legal entity. persons, in addition to their name, it is necessary to indicate the details of the person (or persons) authorized to sign all the necessary papers and all related documents.
If for some reason, after drawing up the agreement, the authority to sign it is transferred to another person, a notarized power of attorney issued to this person is attached to the agreement.
Attention! Contractual documentation must necessarily include information about the duration of the contract, the rights, obligations and responsibilities (in case of violation) of the parties.
Do I need to get it certified by a notary?
Both in the case of individuals and legal entities All documentation must be notarized mandatory .
Notarization of the exchange agreement, as well as all accompanying documentation, allows the parties to the agreement to be confident in the legality of all transactions carried out, since in this case the notary acts as a guarantor of the parties’ fulfillment of all points specified in the exchange agreement.
Taxes
If objects that are objects of exchange are recognized as equivalent, then neither party is the recipient of economic benefits in kind and in this case the payment of any taxes is not provided.
In the case of unequal value of the exchanged objects, the person receiving the additional payment is obliged to pay tax on the amount he receives, since, according to Article 567 of the Civil Code of the Russian Federation, such a person is equated to the seller of the property. The amount of tax paid should be clarified with the state tax office at the time of the transaction.
Instructions for state registration
Where to contact?
If the parties wish to make an exchange, the parties must contact the territorial bodies of the Service of those registration districts in whose territories the objects to be exchanged are located.
When the territorial bodies of the Service receive such a request, these bodies make a corresponding entry in the Unified State Register of Real Estate about the receipt of such a request, indicating the existence of a legal claim in relation to the real estate objects specified in the exchange agreement.
Pay attention! If real estate is exchanged for movable property, in addition to the territorial bodies of the Service, you must also contact the state body in which the movable property is registered.
For example, if the movable property is a car, you must contact the MREO of the territorial district where the car was registered.
Required Documentation
To carry out state registration of an exchange agreement of the real estate-real estate type The parties to the contract must provide the following documents:
Article 157 of the Civil Code of the Russian Federation. Transactions made under condition
- A transaction is considered completed under a suspensive condition if the parties have made the emergence of rights and obligations dependent on a circumstance regarding which it is unknown whether it will occur or not.
- A transaction is considered completed under a severable condition if the parties have made the termination of rights and obligations dependent on a circumstance regarding which it is unknown whether it will occur or not.
- If the occurrence of a condition was prevented in bad faith by a party for whom the occurrence of the condition is unfavorable, then the condition is recognized as having occurred.
If the occurrence of a condition was facilitated in bad faith by a party to whom the occurrence of the condition is beneficial, then the condition is recognized as not having occurred.
To carry out state registration of an exchange agreement of the real estate-movable property type, it is necessary to provide the above authorities with almost the same list of documents as indicated above, with the only difference being that the party that is the owner of the movable property that is the subject of the exchange must provide the relevant documents, confirming the rights of ownership of this property, certified by the relevant authorities.
In case of state registration of an exchange agreement between individuals, documents that relate exclusively to legal entities should be excluded from the above list. If an agreement between legal entities is being registered, all of the above documentation must be provided, with the exception of those documents that are not required in any particular case.
Attention! All of the above documents must be provided both in original and in copies in the amount of one copy for each party to the contract plus one copy for inclusion in the file. All documentation (and copies) without exception must be notarized.
Cost and terms
From January 1, 2017 the cost of state registration of exchange contracts is set at 2000 rubles. Additionally, other actions related to state registration may be paid. The cost of such actions is individual in each individual case.
The maximum period for completing registration is 7 working days immediately from the date of application and submission of the relevant application.
Conditions and grounds for termination
Termination of the exchange agreement can be carried out under the following conditions:
Despite all the apparent confusion and complexity, the presence of costs and other nuances, exchange transactions are the most accessible and allow citizens to realize their own property interests at minimal costs.
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