New taxation would apply to contracts of donation, which will be signed no earlier than January 1, 2006, in our view, the problem may be due to the fact that the design ownership of property that passes by inheritance, the heirs takes longer than that of the donee. If the property owner died in 2005, the tax is calculated on the opening day of the inheritance (Ie the day of death), even regardless of the fact that the procedure of registration of rights to inherit property is about 6 months. The legislation before January 1, 2006, establishes that the tax is calculated on the opening day inheritance. In addition, under Section 6 of the Regulations of the State Tax Service of Russia May 30, 1995 N 32 "On procedure of calculation and payment of tax on property transferred by inheritance or gift" tax on property transferred in order inheritance, is calculated from the value (valuation) of the estate on the opening day of the inheritance, even if the value of the property at the time of issuance of the certificate would be different compared with the estimate on the opening day inheritance. Federal Law N 78-FZ, unfortunately, these explanations do not contain. Refer to Chapter 64 of the Civil Code, which defines the procedure for issuance of the inheritance. Within 6 months from the date of opening of the inheritance (day opening of the inheritance – the day of death of a citizen of Art. 1114 Civil Code) the heirs must go to a notary or authorized by law to make such a notarial action officer at the place of discovery inheritance, a statement of acceptance of an inheritance or a statement for a certificate of inheritance.

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Marie

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