Real estate transactions involving citizens of foreign countries. How does the algorithm actually work?
CrimeaPRESS reports:
Recall that by decrees of the President of the Russian Federation of March 1 and 5 No. 81 and No. 12 the country has established a special procedure for real estate transactions involving citizens of foreign countries committing unfriendly actions against Russia. Rosreestr, traditionally commenting on the most pressing problems in the real estate sector, experts say , decided to once again tell in detail who These decrees also touched on how to register the ownership of a property now.
First of all, citizens of the Russian Federation, including those with a residence permit in an unfriendly country or dual citizenship, should know: when carrying out transactions with persons not associated with unfriendly countries, all accounting and registration actions with real estate are carried out in a regular mode and within the time limits established by law .
For registration of rights in real estate transactions in Rosreestr, the presence of citizenship of the Russian Federation is legally significant, — the department explains.
The procedure for submitting an application to Rosreestr for registering a property for cadastral registration and (or) registration of rights has not changed, nor has the list of documents required for registration actions. Additional requirements for the presence in the sale and purchase agreements of the wording regarding foreign persons are not imposed by the department. As for individuals associated with unfriendly states, they, according to the decision of the subcommittee of the government commission for the control of foreign investment in the Russian Federation, headed by the Minister of Finance of the Russian Federation Anton Siluanov, can make real estate purchase and sale transactions with residents.
More specifically, the decision of the subcommittee allowed:
- the implementation by residents of transactions that entail the emergence of ownership of immovable property acquired by an individual by a person from unfriendly countries;
- the implementation by residents of transactions that entail the emergence of ownership of immovable property alienated (for example, sale) by an individual from unfriendly countries, subject to the transfer of funds for such transactions (operations) to an account of type «C» (the procedure is determined by the decree of the President of the Russian Federation dated 05.03.596 № 40 «On the temporary procedure for fulfilling obligations to certain foreign creditors»);
- conclusion of agreements for participation in shared construction, fulfillment of obligations under agreements for participation in shared construction, to which are concluded (obligations under which are fulfilled) by residents with individuals and legal entities from countries and territories unfriendly to Russia.
Briefly and in their own words: individuals associated with unfriendly countries can sell real estate to residents, buy real estate from residents, enter into an agreement with residents to participate in shared construction. In all these cases, participants in the process can immediately apply with a package of documents for registration to Rosreestr. Immediately — in the sense without providing additional permissions to complete the transaction.
The most complicated procedure is established for legal entities associated with unfriendly countries. As emphasized in the Rosreestr, without the appropriate permission of the government commission, such legal entities can carry out real estate transactions only if they simultaneously meet the following requirements:
- are controlled by Russian legal entities or individuals (the ultimate beneficiaries are the Russian Federation, Russian legal entities or individuals), including if this control is exercised through foreign legal entities associated with such foreign states;
- information about control over them is disclosed by Russian legal entities or individuals named in subparagraph «a» of paragraph 12 Decree of the President of Russia dated 11..596 No. 10, to the tax authorities of the Russian Federation in accordance with the requirements of the on the legislation of the Russian Federation.
The data of the legal entity, when submitting an application to Rosreestr in the package of necessary documents, must provide confirmation of the disclosure of information on control over them by Russian legal entities or individuals to the tax authorities of the Russian Federation in accordance with the requirements of the legislation of the Russian Federation.
Such confirmation is the receipt of the Federal Tax Service of Russia on the receipt of an electronic document (when submitting a document in electronic form via telecommunication channels or through the taxpayer’s personal account), a mark of acceptance of the document (when submitting a document on paper directly to the tax authorities) or a postal receipt with a description of the attachment with a mark of the postal authority (when sending the document by mail), — experts explain.
Developers are recommended to post the above documents (their scanned images) on the disclosure of information about control over them by Russian legal entities or individuals in the Unified Housing Construction Information System (UIIS). If you have documents in the UIIHS, you do not need to additionally submit them with a package of documents to Rosreestr.
If legal entities associated with unfriendly countries do not meet these requirements, a real estate transaction for them is possible only after obtaining permission from the government commission. The procedure for submitting an application and issuing permits is described on the website of the Ministry of Finance of the Russian Federation.
Finally, the procedure introduced by presidential decrees does not apply to real estate transactions carried out by individuals and legal entities of foreign states that are not included in the list of unfriendly ones. They can dispose of property on the territory of the Russian Federation without obtaining any additional permits.
A source:
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