How to avoid taxes and to assign tehetazh?

07.10.2010 10:38
How to avoid taxes and to assign tehetazh? Autumn came and with it the fresh air for us to come back yet, and new concerns, new business, new initiatives and plans. But the eternal problems have not gone away - and Sebedom.ru Realtors again and again asked about how to deal with debts of housing and utilities, as write relatives without their consent, how to capture tehetazh for housing ...

Exchange of property rights

I (mother) owns a one-room apartment. My son is half owner with his father (my husband) 3-room apartment. What steps need to be taken, so I instead became an owner of shares in a 3-room apartment, and he is the owner of the studio?

If your son's and husband's total share ownership to an apartment, you can sign a barter: you change your room apartment 1 / 2 a share in the three-room apartment.
Keep in mind that barter is equal to the sales contract, and if this transaction can occur taxation. Please specify how many years this property is owned. Catherine Stifeeva

Perhaps the situation is somewhat more complicated than that description, which originally gave us Helen. Elena, please tell us why you sharing this? You want to sell a three-ruble note, and thus avoid guardianship if the son of a minor? You are in predrazvodnom state and want the 3-room apartment was divided and part of it went for you? Knowing the motivation for exchange, we can more intelligently advise you how to make an exchange of property. Nicholas Pilgaev

Settle an account

I, my 8-year-old daughter and former husband are registered in the communal apartment (room 13 sq. M). Room privatized in marriage to me and a daughter. Since 2008, I and the daughter does not live there and pay for utility services in the community. Former husband in 2008, utilities are not paid, the stock of debt 26,000 rubles. I can not pay. How can I get her ex-husband to pay his debt?

Natalie is not quite clear, the husband is the owner? What you are privatized in a marriage is not as important as the fact whether the husband is registered in the room at the time of privatization? If he does not own, then make him pay you only the threat of eviction. From the standpoint of public services, the responsibility for payment of services are the owners of the premises, rather than prescribed.

If the husband is the owner, then you can bring to your housing office at his residence certificate for your stay at another address, and payment of utility bills there, and you will recalculate. However, some of the remaining amount will still have to pay you (because of services such as home maintenance, are you as the owner regardless of whether someone lives in an apartment or not), as part of the charge with her husband. Utilities have a right to sue him in court (if you prove that its part of the payment). If this room - his only home, it through the courts will not be able to recover, so there should not worry. And also, if communal services, for whatever reason, will not appeal to the court a few years, then they will be able to recover only the amount over the past three years, until the statute of limitations. Larisa Maksimova

Write to a relative

Hello dear experts! In Alma-Ata, the father received a 3-room. flat as a military retiree, privatized, I had it 1 / 4 share. When selling an apartment, I refused to share, he bought a 2-bedroom. flat in Lyubertsy, is the owner, always prescribed me, and now wants a court to deprive me of residence, and drive on the street. What are my chances would be if I subpoena or solve the issue without my participation? Thank you for your reply.

If you do not have in their own homes, since you are a member of the owner's family, according to court you write will be very difficult. If, however, a local court will make a positive decision, you need to file a cassation to the higher authority, that is to appeal the decision within ten days, there is a decision most likely would be canceled. Veronica Sveshnikov

1) You need to mail or arrange to rent a mailbox at the post office so that your correspondence gets only there.
2) Contact a lawyer to normal. Your chances of winning increase significantly. Bulat Leon

Delayed failure, or the city may change your mind
Received a waiver of the city from buying a room in a communal apartment in 2008. The deal did not take place, but now found a buyer. How valid this refusal? Natalia Mazov
The refusal in 2008 just will not do. Prices have changed, obviously. Catherine Stifeeva
For what value of offers to buy back room city? Nicholas Pilgaev

During the year. Veronica Sveshnikov

Guys, do not morochte man's head! )) Waiver of pre-emptive right to purchase bessrochen, no matter from whom: the city or neighbors. BUT! The contract must specify the price is not greater than the one in denial. Or it must be redone, suggesting that, on which is now selling. By the way, if by that time someone from the neighborhood became the owner, then needs a waiver from him. And you can find out for sure, only by taking an extract from EGRP. Because some people, privatizing housing, do not bother to inform the EIRTS.
Good luck! Natalya Mishina

Sold at a loss? Pay taxes!

There is a real estate property located in less than 3 years. Sold at a loss. Will I need to pay tax? Thank you!
No, unless you specify in the declaration of the money spent to acquire the object, and subtract them from your "income". Larisa Maksimova
A little harder. In addition to indications of the declaration should be to document the costs of these funds to purchase an apartment. In the case of buying from an individual is a receipt for the sum specified in the contract of sale flats. In the case of buying a legal entity on payment of a payment order an apartment. Nicholas Pilgaev

A strange statement for a loan
What is an extract from DMZH and where to take it? The Bank requires for the issuance of mortgage credit. Where to get, not explained. Thank you.

It's a miracle that such a bank? Previously, it was enough to extract from EGRP. Catherine Stifeeva

This is probably an extract from the house of the book? Go to the passport office. The bank wants to make sure that no one was left as the underdog in privatization is likely. Therefore, it is important to look not just who owned the apartment, but someone out there had been prescribed. Larisa Maksimova

Statement - a statement and an excerpt from DMZH - is from the department of municipal housing. Property from which year? Up to 98 th, probably? Catherine Stifeeva

How to expand due to a technical floor?

Have an apartment on 23 floor 25-storey building. Behind the wall is tehetazh, ie, attic space adjacent section. Can I make an addition to the apartment and place legally, due to space tehetazha? Thank you.

Ilya is obschedomovoe property and belongs to all owners. You can buy it only if the majority of the general meeting will take your terms. Larisa Maksimova

The General Meeting is not enough. In fact, this is a very difficult undertaking. There are specialized on this company. They and you can find out more detail. Bulat Leon

As I recall, these areas can take a long term lease, but the issue of ownership can not. Go into your HOA, met the President and discuss with him. Nicholas Pilgaev

Definitely a long term lease signed by all tenants of the neighboring porch. Veronica Sveshnikov


Meeting in the CHT: Remove the camera!

At the last meeting in our CNT "CSRI-2 to them. Krylov chairman banned photography and make Audio-video. Did she have the right to establish such a ban? What law gives the right to audiofotovideosemku and when there are prohibitions and restrictions? Alexandr

Dear Alexander! You have every right to make photo and video, according to Article 29 of the Constitution and the law "On information, information technology and information protection, restrictions on the shooting is in the following cases: survey of the buildings of courts and correctional institutions are prohibited from carry on Closed meeting of the State Duma and use during his shooting technique, do not remove the ships and military installations on the coast from a board of foreign ships is prohibited shooting at the objects of the FCS, introduced into the building Gosstroi Russia imaging equipment for personal use is prohibited, makes equipment for other purposes by resolution, it is forbidden to make shooting equipment on the territory and premises of the Ministry and to make it shoot persons who are within five-kilometer strip along the border areas, is prohibited without permission of the boundary of the FSB to shoot border details and objects of border agencies, photos and videos in buildings government agencies with the consent of management. Veronica Sveshnikov

Buy a plot near the fugitive owner
Dear experts. Adjacent to our site in the gardening association is not processed more than 10-15 years. His owner is alive but hiding as many years (last was in some kind of scam). Document on the property in his name is on the board of the partnership. Membership dues do not pay all the same 10-odd years.


His wife and son are alive and well, but in documents on their own site there. We are interested in:
a) buying land (but how to do it without direct ownership);
b) to bring the site into the proper form at the expense of at least indirect owners - his wife and son (the weeds on the site and the ruins of houses that are about to fall or light).
The Board is interested in partnership debts contributions (but with whom to take?). Help Board. While we did not find the owner. His relatives did not recognize, pay and do not want to plot.

No owner can do nothing happens. There is a reason to talk to his family, for sure they somehow interact, perhaps he will make gendoverennost, for example, at his wife. Veronica Sveshnikov

His wife may call him on the wanted list, and if he can not be found, and is found to be missing, to join the inheritance of the property. Larisa Maximova.
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