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Our web portal employs true professionals in their field, specializing in a variety of legal aspects and providing completely free legal advice every day. As statistics show, the largest number of questions relate specifically to property law.
So, in particular, questions relating to:
- recovery of damages for damage to property;
- registration of property rights;
- challenging unconfirmed claims to property from third parties.
It is worth emphasizing that in most situations the law allows the plaintiff not only to return his property, but also to recover certain financial assets from the culprit (penalty, compensation).
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Publication date: 12/16/2016 10:33 (archive)
The Office of the Federal Tax Service of Russia in St. Petersburg daily receives many questions about the procedure for calculating and paying property taxes for individuals, transport and land taxes, the procedure for obtaining benefits, what rates and benefits are established for property taxes.
The Office publishes answers to the most frequently asked questions on tax law.
Question: Why have I not received a notice to pay property taxes? Last year I paid 85 rubles.
Answer: According to paragraph 4 of Article 52 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation), if the total amount of taxes calculated by the tax authority is less than 100 rubles, a tax notice is not sent to the taxpayer.
Question: Why is the benefit not provided for non-residential premises?
Answer: The list of types of taxable objects in respect of which tax benefits are provided is determined by paragraph 4 of Article 407 of the Tax Code of the Russian Federation.
Such objects of taxation as other buildings, premises and structures - non-residential premises are not named in paragraph 4 of Article 407 of the Tax Code of the Russian Federation, and, accordingly, no benefit is provided.
Question: Why has the property tax not been calculated for an apartment in a new building (put into operation after 03/01/2013)?
Starting from the tax period of 2016, tax calculation will be carried out in accordance with the Law of November 26, 2014 No. 643-109 (as amended in force from January 1, 2016) based on the cadastral value of real estate.
Thus, the tax authorities do not have legal grounds for assessing property tax for individuals for 2015 on apartments in buildings put into operation after 03/01/2013.
Question: I live in St. Petersburg, I have real estate in other regions Russian Federation. Why was the tax notice for all properties, including those located in other regions, sent by the tax authorities of St. Petersburg?
Answer: Since 2015, a consolidated tax notice for the payment of property taxes in relation to all taxable objects in the Russian Federation owned by the taxpayer is sent by the tax authority to the taxpayer’s place of residence, contained in the Unified State Register of Taxpayers (USRN).
In this case, information about the tax authority that assessed the tax is contained in the tax notice in the line “Name of object; registration plate (number); OKTMO; Federal Tax Service code.
Question: How is a property for which a benefit is granted selected?
Answer: According to paragraphs 3 and 4 of Article 407 of the Tax Code of the Russian Federation, when determining the amount of tax payable by a taxpayer, a tax benefit is provided in respect of one taxable item of each type at the taxpayer’s choice, regardless of the number of grounds for applying tax benefits, incl. apartments.
In accordance with paragraph 7 of Article 407 of the Tax Code of the Russian Federation, a notification about selected taxable objects in respect of which a tax benefit is provided is submitted by the taxpayer to the tax authority of his choice before November 1 of the year, which is the tax period from which the tax benefit is applied to these objects.
If a taxpayer entitled to a tax benefit fails to provide notice of the selected taxable item, the tax benefit is granted in respect of one taxable item of each type with the maximum calculated tax amount.
Question: Why does the notice I received in 2016 show a higher inventory value for my home than it did last year?
Answer: In accordance with Law No. 643-109 dated November 26, 2014, when calculating property tax for individuals for 2015, the tax base for taxable items is determined based on their inventory value, calculated taking into account the deflator coefficient determined in accordance with part one Tax Code of the Russian Federation (hereinafter referred to as the deflator coefficient), based on the latest data on inventory value submitted in the prescribed manner to the tax authorities before 03/01/2013.
The deflator coefficient for 2015 was set at 1.147 in accordance with the order of the Ministry of Economic Development of Russia dated October 29, 2014 No. 685 “On the establishment of deflator coefficients for 2015.”
Paragraph 4 of Article 406 of the Tax Code of the Russian Federation establishes that in the case of determining the tax base based on the inventory value, tax rates are established on the basis of the total inventory value of taxable objects owned by the taxpayer multiplied by the deflator coefficient (taking into account the taxpayer’s share in the right of common ownership of the property). each of such objects), located incl. within the federal city of St. Petersburg.
Question: Where to send the application for the Notification? The sender is indicated on the envelope: PKO FM Federal Tax Service St. Petersburg? I have never lived in St. Petersburg, I have no property or transport.
Answer: When sending an appeal, you should choose the tax authority at the place of registration of the taxpayer (place of residence or location of the property) or the corresponding Department of the Federal Tax Service of Russia for the constituent entity of the Russian Federation.
Question: What tax authority code should I choose when contacting the tax service in case of incorrect calculation of property and land tax located in the Murmansk region, if I am registered at my place of residence in St. Petersburg?
Answer: When sending an appeal, you should choose the tax authority at the place of registration of the taxpayer or the corresponding Department of the Federal Tax Service of Russia for the constituent entity of the Russian Federation. Thus, for issues related to the calculation of property and land taxes located in the Murmansk region, the tax authority code should be selected - 5100.
Question: A tax notice received in 2016 indicates a vehicle transferred under a power of attorney.
Thus, the obligation to pay transport tax is made dependent on the registration of the vehicle, and not on its actual operation, and the taxpayer is the individual in whose name the vehicle is registered.
Question: A tax notice received in 2016 shows a vehicle sold under a sales contract.
Answer: In accordance with Article 357 of the Tax Code of the Russian Federation, taxpayers of transport tax are persons to whom, in accordance with the legislation of the Russian Federation, vehicles recognized as an object of taxation are registered.
The obligation to pay transport tax is made dependent on the registration of the vehicle, and not on its actual operation.
If an individual sells a car under a purchase and sale agreement, and the new owner is in no hurry to register the car in his name, the previous owner can contact the State Traffic Inspectorate unit at the place of registration of the vehicle regarding deregistration of the car in accordance with paragraph 5 Rules for car registration Vehicle and trailers for them in the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia, approved by Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 No. 1001 (as amended).
Only after deregistration of the vehicle does the tax accrual stop.
In addition, subclause 60.4 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for registration of motor vehicles and trailers for them, approved by Order of the Ministry of Internal Affairs of the Russian Federation dated 08/07/2013 No. 605, establishes that the basis for termination of registration of a vehicle is the application of the previous the owner of the vehicle and the presentation by him of documents on the conclusion of transactions aimed at the alienation of the vehicle, after 10 days from the date of conclusion of such a transaction, provided that there is no confirmation of registration for the new owner.
Thus, if the new owner did not register the vehicle within the time limits established by law, you had the right to contact any registration department with an application to deregister it.
Question: Which tax authority should calculate the tax if I changed my place of residence after August 2013?
Answer: In accordance with paragraph 4 of Article 85 of the Tax Code of the Russian Federation, authorities that register vehicles are required to report information about vehicles registered with these authorities and about their owners to the tax authorities at their location.
Control over the completeness and timeliness of payment of transport tax to the budget is carried out by the tax authority with which the taxpayer is registered at the location of the vehicles in accordance with paragraph 5 of Article 83 of the Tax Code of the Russian Federation.
Clause 5 of Article 83 of the Tax Code of the Russian Federation (as amended in force until August 24, 2013) establishes that the location of vehicles is recognized as the place of state registration, and in the absence of such, the location (residence) of the property owner.
Changes to subclause 2 of clause 5 of Article 83 of the Tax Code of the Russian Federation regarding the change in the concept of location for motor vehicles came into force on August 24, 2013.
Thus, in the event of a change of residence after August 23, 2013, transport tax is calculated by the tax authority at the taxpayer’s place of residence.
Question: I moved to another city in 2015, the transport tax in the notification received in 2016 was assessed for the car by two tax authorities. It's not a mistake?
In order to avoid double taxation, the calculation of transport tax in cases of a change of residence of an individual after 08/23/2013, in accordance with the provisions of the Tax Code of the Russian Federation, must be carried out:
– at the tax authority at the previous place of residence up to and including the month of change of residence;
– at the tax authority at the new place of residence, starting from the month following the month of change of residence.
When calculating, the rates and benefits corresponding to the tax authority performing the calculation are applied.
Updated: 07/12/2018, 16:00
A very important part of our work is the protection of the property rights of minors - issuing permits for transactions for the acquisition, sale and exchange of property belonging to children. The main goal of our work in this direction is to confirm the fact that the child’s rights will not be infringed and his assets will not be reduced.
It is important to remember that visiting the department to obtain a permit is not a prerequisite - all services are provided through the MFC within the time limits established by law.
Real estate
When alienating a piece of real estate owned by a minor, he must be provided (purchase or donate) another piece of real estate without restriction (encumbrance) of the right(that is, purchased without the use of mortgage lending), equivalent by size and cost the one that previously belonged to the minor. Alienation and acquisition (donation) of residential premises must take place simultaneously, after receiving permission from the guardianship and trusteeship authority to carry out the above transactions. If the real estate being alienated or acquired (donated) is located outside the city of Krasnodar, the alienation and acquisition (donation) of residential premises will not occur simultaneously, but sequentially. Also, real estate can be purchased at share participation agreement in the construction of an apartment building (assignment of the right of claim under an equity participation agreement), provided that the degree of readiness of the property at least 90%.
Service - Issuance of preliminary permission to carry out transactions for the alienation of real estate of a minor ward.
Other property
Alienation, that is, the sale of a car, motorcycle or even a yacht, as well as shares or shares in authorized capital owned by a minor, should only be carried out after receiving permission to sell from us. There are usually no difficulties in obtaining such permission, and there is only one restriction on the transaction - the proceeds from the sale must be credited to child's account in full, or in proportion to the value of his share (if the property is joint). Another option is to use this money to purchase things necessary for the child, for example clothes, shoes, mobile phone or others.
Service - Issuance of preliminary permission to carry out transactions for the alienation of movable property of a minor ward.
Service - Issuance of preliminary permission to carry out transactions for the sale of shares, shares in the authorized capital owned by a minor ward.
Difficulties
The Department does not give permission for the sale of a property owned by a minor under the right of common shared ownership, with the condition of acquiring another property at the expense of credit funds, since in this case the purchased property will be pledged: a mortgage in favor of the bank that provided the loan. This is associated with a high risk of minors losing their property and can lead to a decrease in their property, which is contrary to Part 2 of Art. 37 of the Civil Code of the Russian Federation.
To obtain permission to alienate real estate owned by a minor under the right of common shared ownership, the consent of both legal representatives (parents) of the children is required. In the absence of the consent of one of the legal representatives, the Department does not have the right to provide the public service “Issue of preliminary permission to carry out transactions for the alienation of real estate of a minor ward.”
Management does not give permission to sell the property real estate, owned by the right of common shared ownership of a minor, with the condition that funds are credited to the child’s account. This is associated with a high risk of a minor losing his property and can lead to a decrease in his property, which is contrary to Part 2 of Art. 37 of the Civil Code of the Russian Federation.
More control
Hello. I have a question. His father died and he has a second wife. That is, we have a stepmother. Now we are entering into an inheritance. If they divide it, it will be divided equally, but the fact is that she did not build this house, there were no repairs. They lived for 6 years. What needs to be done so that she gets the smallest part?
Good afternoon Help me please! Answer my question!
Before my marriage, my husband owned a plot of land; it was registered in 2003 in the name of my husband (land only).
We got married in 2008, during which time we began to build a residential building, there are walls, a roof, lined with bricks, and a garage for two cars was built in the yard. Construction documents were issued in the name of the husband. The husband's father made the main contribution to the construction.
We have a common son, 8 years old.
Now we live in an apartment in which there are three owners, my husband’s share is 1/3, the apartment was before our marriage. They invested money in the apartment, inserted plastic windows, conducted gas. We are currently in the process of divorce.
My husband's father wants to take away this unfinished house and warned me that this is all his investment in the house.
The apartment is not mine and my father said, as long as you live.
We lived together for 9 years. What rights do I have with my child? Should I file for division of property?
It turns out that after being married for 9 years, my son and I have nothing. We live on bird's rights. I work all the time.
Answer please. Thank you
Hello. I am filing for divorce and alimony for 4 children, and my husband is filing for division of property. There is a 2-room apartment, registered ½ for me and my husband. I, my husband and 4 sons are registered in the apartment. Can my husband win the court? , that we will have to look for housing? In addition to the apartment, it also shares furniture, as he says, I will leave you with nothing. Thank you.
According to privatization, the husband owns the apartment. What can I count on in a divorce if the property was acquired during marriage?
Hello! Question: We are getting divorced without disagreement. I already pay child support for two children. I own a two-room apartment, purchased during marriage. The children and their mother are registered in it. I am registered in another apartment. How can I register it now so that I still have 1/4 of the property? Or the court will “automatically” divide it into four. Thank you.
Hello! The question is the same, the house is on a mortgage, a mortgage for two, but I just left the house (the divorce was on March 4, 2015) and the house remained in joint ownership, I was registered in it, no agreement was drawn up. The question is: won’t my share be lost over time if I never re-register it and it remains joint?
Thank you!
Hello. Before marriage, I had a one-room apartment, which my mother gave me. Already married, I changed my one-room apartment to a 3-room apartment. We lived together for 1.5 years. Now we are getting a divorce, my wife is filing for division. She's pregnant. What are my chances of staying in the apartment?
Good afternoon. I have this problem:
In 2004 I had a 3-room apartment. an apartment in which, in addition to me, children were registered (son, 19 years old, and daughter, 14 years old). To privatize the apartment, my son wrote a Refusal from Privatization. Subsequently, in 2008, this apartment was exchanged for a 2-room apartment. apartment. Now in 2015 this apartment was sold and a 1-room apartment was purchased. in the Moscow region.
My son is now (more than 10 years later) threatening to sue that he was allegedly forced to write this Refusal and that I should pay him money.
Tell me, please, is this option possible and does he have the right to demand anything in this situation?
HELLO, I HAVE BEEN MARRIED FOR 3 YEARS, MY HUSBAND, WITHOUT MY CONSISTENCY, DURING THE MARRIAGE, PURCHASED LOANS IN THE AMOUNT OF ABOUT 1 MILLION IN DIFFERENT BANKS, AT THIS TIME ONE OF THE BANKS HAS DELIVERED PAYMENTS FOR ABOUT 5 MONTHS, THEY ASK ME. CAN I MAKE A MARRIAGE AGREEMENT SAYING THAT I AM NOT RESPONSIBLE FOR HIS CREDIT HISTORY AND DO THEY HAVE THE RIGHT TO DEMAND PAYMENT OF THE DEBT FROM ME? THANK YOU VERY MUCH IN ADVANCE!
Hello! Can a husband challenge through court an apartment that he gave to his wife (the deed of gift was registered through a notary more than 5 years ago) in the event of a divorce. Thank you
please tell me what documents are needed for the division of property. And if my husband, behind my back, wrote a deed of gift to himself for a dorm room that I bought during marriage, it will be divided or remain his property. About three years have passed since the date of writing the deed of gift. I just found out about this.
Hello! My husband opened his own business (I was initially against his idea). It turned out that to open his business and to maintain it (according to my husband), he took out loans, which I did not know about. He didn’t pay off loans, he didn’t bring money to his family from his business, when he didn’t deny himself anything (he spent it on his hobbies, for his own pleasure, he lost money (he was spotted in slot machines more than once)). He abandoned his business, still doesn’t pay his loans, and it’s a huge amount to pay off. What should I do in this case (we are still married, have two children) so as not to be responsible for his loans, how to prove that the money was not spent on the needs of the family. He himself talked about opening his own business. so that there would be finances for his personal needs (he gave money for his family only when I was in maternity leave with earnings from working at the factory - officially employed).
Natalya, hello! My husband and I have been married for 23 years since 1989, we completed and finished a 2-story house together and put it into operation while married in 2001. Today the court rejected my claim for 1/2 of the house and land plot, because I don’t have evidence, i.e. receipts, that I have been investing in this house for 23 years. Why was my claim denied? Thank you!
Hello! I want to file for divorce, my son is 20 years old. I think that I will have a problem with the division of property. I think that my husband will take everything out of the house. How can I prove in court that I have all this property? thank you in advance!
In February, my mother died, leaving a will for a cooperative apartment in my name (I am the only heir). I would like to register ownership of the apartment in my daughter’s name. What is the best way to do this so that the apartment is not subject to division in the future? What documents are needed for this?
I’m going to get a divorce, I bought a house during marriage using maternity capital, my husband has nothing to do with the first child, does he have the right to a share in the house? The property is registered in the name of me and the children.
He lived with his wife for 18 years; loans were taken out during the marriage. After the divorce, the loans remained with me. Is it possible to divide the loans between us, what is needed for this. 10 months have passed since the divorce
Good afternoon. I have the following question: in January 2004 the marriage was concluded, and in February 2011 it was dissolved. There is 1 child born in 2006. During this period, an apartment was purchased with a mortgage (November 2007) for 15 years. The down payment was made by selling room belonging to my mother. There is a confirming purchase and sale agreement and a cash receipt for the same amount for the transfer of the down payment only on my behalf. I live in the apartment in given time Accordingly, I pay the loan alone.
Question: Can a wife claim the amount of the down payment??? Do I understand correctly that we must divide the amount of the loan paid only during the period of marriage (before the date of divorce, although before the divorce we had not lived together for 1.5 years)??? Do you need the full amount of the repaid loan (principal debt with interest) or only the amount of repayment of the principal debt???
I'm waiting for an answer. Thank you.
We are filing a divorce. We agreed on the division of property. The husband makes it a condition to maintain registration at the address of the apartment, which remains the property of his wife, without claims to residence. Is it possible to leave him a registration, while reliably protecting himself from his possible future claims to live in the apartment? Which document to sign or how to indicate in the property division agreement?
Hello! Question: We are getting divorced without disagreement. I already pay child support for two children. I own a two-room apartment, purchased during marriage. The children and their mother are registered in it. I am registered in another apartment. How can I register it now so that I still have 1/4 of the property? Or the court will “automatically” divide it into four. Thank you.
Hello! Please tell me. My husband and I bought a car on credit. The loan and car are registered in my name. Will a car be divided during a divorce? If so, will the loan be divided in half as well? Thank you in advance.
Property disputes– these are disagreements between the parties arising from relations that are associated with the right to own and dispose of property.
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Types of property disputes
There are quite a few types of property disputes, but the most common are:
- Between spouses during divorce and division of property;
- When determining the share in common property;
- Litigation regarding recognition of ownership of real estate;
- In case of damage or damage to property;
- Failure to fulfill a contract in a real estate transaction, etc.
Property can be movable or immovable. To defend their rights in court, the owner of the property must have title documents. It could be:
- Contract of sale;
- Will;
- Donation agreement, etc.
Property disputes may also arise when determining the right to a land plot.
Disagreement between one party and the other on issues of property rights and disputes arise that have to be resolved in judicial procedure.
Most often, the courts hear cases regarding the division of real estate or the establishment of rights to it. This could be a house, apartment, cottage or other real estate.
Property cases include the requirement to compensate for damage caused in such cases as damage to vehicles, poor-quality apartment repairs and others.
Disputes related to receiving an inheritance are probably the most frequent and complex. Here it is necessary to prove the right to inheritance with the help of supporting documents and testimony.
Issues of equity participation in housing construction are also quite common. They arise with developers when the parties fail to fulfill their contractual obligations, when housing is not delivered on time or damage is caused by their actions.
Property disputes occur not only in relation to movable or immovable property (real rights), but also in matters of fulfillment of undertaken obligations in relation to property. Such obligations are:
- Negotiated– when rights under concluded contracts are violated;
- Non-contractual– when it is necessary to challenge any transaction.
Disputes between individuals arise due to:
- non-repayment of debt;
- division of property;
- termination of the lease agreement;
- illegal eviction.
Disagreements arise not only between individuals, but also between legal entities. Disputes can also arise within an organization. For example:
- Between shareholders;
- Between management and employees;
- Between the founders and the administration.
Such disputes most often occur due to violated property rights of any of the parties. Such violations include:
- refusal to pay dividends;
- demand for a change in management;
- non-payment of wages;
- ownership of a controlling stake.
Property disputes between organizations arise mainly due to unpaid debts. However, these can also include issues such as the transfer of property from one organization to another. This occurs during procedures carried out to reorganize an enterprise through merger or division.
Disputes may also arise when transferring or selling shares in a business. There is a procedure for selling a share in the authorized capital of a legal entity. If this procedure is violated, property disputes arise, which are most often resolved in the Arbitration Court.
Who considers property disputes
Which court has jurisdiction over such issues depends on the nature of the controversial situation that has arisen. Property disputes that arise between citizens, such as the division of property during a divorce, the cost of a claim for which is up to 50,000 rubles, are considered by the courts of first instance - the Magistrates' Courts.
If the value of the disputed property is more than 50,000 rubles, the case will be under the jurisdiction of the district court.
If a property dispute arose between legal entities or individual entrepreneurs, as well as between an individual and an organization, such a dispute will be considered by the Arbitration Court.
It should be added that some property disputes must undergo pre-trial settlement. In this case, the party whose rights are violated must send a written claim to the violator. Only after the dispute has not been resolved by the parties can a claim be filed in court.
The statement of claim is filed at the place of residence of the defendant or at the location of the property.
When going to court, you must pay a state fee, which is calculated based on the value of the disputed property.
The layer's services
Cases related to establishing rights to property are so complex and multifaceted that it is almost impossible to challenge the transaction on your own.
A property dispute lawyer will help you sort out the problems based on your knowledge of the law, the procedure and rules for submitting documents to the court.
- With the help of a lawyer, you can get the following results:
- Collect debts;
- Compensate for damage caused by your roommate;
- Receive a penalty and compensation for moral damage from an unscrupulous developer;
- Legal division of property;
- Receive your due inheritance;
Force the employer to pay wages and others.
A lawyer's services include advising clients on property disputes.
Statute of limitations
According to Article 200 of the Civil Code of the Russian Federation, the limitation period begins to count from the time when the person learned or should have learned about the violation of his rights, and to whom it is necessary to file a claim for violation of his property rights.
If the court considers cases on obligations in which the deadline for fulfillment is determined, the limitation period begins from the moment the established deadline for fulfillment expires.
If the obligations do not specify a deadline for fulfillment, the limitation period begins after the plaintiff presents a demand to fulfill the obligations.
Arbitrage practice
An example from judicial practice is a property dispute that arose between spouses who were not legally married.
Despite the fact that the couple lived together for five years and had a common child, the court refused to divide the apartment for the plaintiff, since it belonged to the defendant by right of ownership. Since a legal marriage was not concluded and marriage contract was not drawn up, the property cannot be classified as common property.
In such cases arbitrage practice always on the side of legal relations. If the parties registered the purchased apartment as shared ownership, then, on the basis of Civil Law, the court would be able to divide it, determining the shares depending on the contribution of each party.
This is an example of property relations between individuals.
In Arbitration judicial practice there are such claims as:
- Vindication – return of property from illegal possession;
- Negative – removing obstacles to the use of property.
These court cases are also a type of property disputes.
Judicial practice in property cases shows the versatility and complexity of such cases. Each type of disagreement has its own characteristics and is governed by different rules of law. It is for these reasons that the involvement of an experienced lawyer is necessary.
