In 1991, after the decree of the Russian President was issued, which marked the beginning of the reorganization of collective farms, which could go bankrupt, the active provision of plots of land to private individuals on property rights began. An allotment, which is an allocation from the total number of an agricultural territory and provided as personal property, is called a land share. This procedure was carried out with the aim of increasing the number of hectare owners. Almost all collective farmers were provided with a share plot of land. Below we will consider this concept in more detail and clarify how much a land share costs.
How to Get a Property Share on a Collective Farm for Your Heirs
The first option is that, by decision of the co-owners of the property fund, separate inventory objects are allocated specifically for the return of property shares to those who wish. If this or that inventory item suits this person, then the problem is considered resolved.
As for the land shares distributed among the founders of the organization, they have not yet been reflected in account 85 “Authorized capital”. This is explained by two reasons: the absence of an approved Land Code and the predominantly natural accounting of land shares.
Property shares (read more...)
Can I give it as a gift?
A share can become a gift if you decide to use it that way.
You can draw up a deed of gift and transfer the land to another person, but initially you need to enter into an inheritance. The basis that allows you to dispose of such property at your own discretion will be a notarial certificate, which you will receive upon completion of all measures for entering into an inheritance.
After you enter into an inheritance, you will be faced with some nuances. So, if you decide to give a share to relatives, there will be no problems in this regard. However, the consent of all other landowners will be required if you decide to provide a share to a non-relative or an outsider. In addition, if there are co-owners of the share, it is necessary that they initially renounce their shares in your favor, and only then you can complete the donation procedure.
Issues of distribution of property shares
However, those who knew how to count money also learned to hide them!
Therefore, it is not so easy to collect money for a property share. Everyone has the right to receive a property share or recalculate it; it is regulated by Art. 12 of the Civil Code of the Russian Federation, which provides for such a method of protecting civil rights as restoring the situation that existed before the violation of the right. determination of labor contribution taking into account the coefficient of professional complexity, which was determined in two ways - the ratio of the tariff rate of a given employee to the tariff rate of the main specialty (machine operator, milkmaid) or the ratio of the average monthly wage of a given employee for the last 5 years to the average monthly wage for this period on the farm in in general. The resulting coefficient is multiplied by the length of service, the time worked in this farm. The result is a conditional indicator - coefficient - days.
Free legal assistance
The mandatory share is allocated for disabled dependents, as well as disabled children or spouses. The mandatory share is introduced to protect the rights of disabled dependents from claims if they were not included in the will. When there is no will or it is contested, the share is passed on by inheritance.
- notify other shared land owners of the intention to privatize
- advertise in the media
- obtain a refusal to purchase a share of local authorities
- carry out land surveying and draw up a cadastral plan
- register property rights in Rosreestr.
- What could be the reasons for refusal? The main reasons for refusal to register property rights may be:
- failure to provide a complete package of documentation
- lack of suitable grounds for obtaining property rights (for example, the will left by the parents has not entered into legal force).
Accounting press and publications
What are property shares on collective farms?
The right to property shares was granted to: persons working on the farm, workers temporarily absent for valid reasons, and pensioners of the farm. The work collective could also decide to include in this list workers of social facilities located on the territory of the farm; persons who worked on the farm in previous years, as well as persons dismissed from the farm due to a reduction in the number of workers after January 1, 1992, when the reorganization began.
How to get a property share on a collective farm
Lawyer Anisimov Representation and defense in court In order to carry out land surveying, you need to contact organizations that provide geodetic services. Cadastral engineers determine the boundaries of the plot. They must be members of an independent organization. To carry out the work, a contract is concluded. In addition, you will need to provide the following documents:
Read more about what has changed in the legal regulation of peasant farms in the “Lawyer Consultation” section of Appendix No. 4, 2003, p. 53.However, those who knew how to count money also learned to hide them! Therefore, it is not so easy to collect money for a property share.
Life in the countryside → SEC “Persianovsky” deprived its members of all property shares
“Only we didn’t hold this money in our hands,” explains Nina Savenkova, associate member of the SPK. – All property, as it was, was transferred from the collective farm to the cooperative. And they wrote it down in rubles in order to then calculate who was owed what percentage of the profit.
People no longer thought about dividends for property shares. Although, to those who wanted to leave the joint venture, Rubtsov paid a property share, however, not in three times the amount, as Selitsky promised at the time, but according to calculations in 2021.
Share in a cooperative by inheritance
2007 “On the State Real Estate Cadastre” The procedure for preparing and registering documents for property rights is regulated by Federal Law No. 122 “On the State Registration of Real Estate and Transactions with It.” We received a certificate for land shares, although with difficulty.
The defendant, the chairman of the SEC “collective farm Zarya of the Future”, FULL NAME5, did not recognize the claims, he explained to the court that by the decision of the Supervisory Board of the SEC “Collective Farm Zarya of the Future”, the issuance of property shares was suspended until the funds were regulated and approved at the general meeting of the SEC.
How to get a property share on a collective farm
On the property share Tretyakovsky District Court of the Altai Territory composed of: presiding Kaplunova O.I. under secretary G.I. Berezovenko
I have a property share in a joint venture. Now they give us dividends and force us to write a statement of refusal of rights to the property. Share. Dividends have never been paid. I have 17 years of experience, but I left the trade union in 2006, so they force me to write a refusal. What should I do to receive dividends? I don’t want to leave the shareholders.
How to Get a Property Share on a Collective Farm for Your Heirs
We want to return the land to all the people - former members of the joint venture (who did not participate in the reorganization of the joint venture, who were forced to sell shares under threat, whose signatures were forged, about 200 people in total, about 45 died, but there is an heir who is also ready to defend their rights).
When the reorganization of collective farms took place at one time, all workers were informed that they had so many hectares of land without allocation in kind and a property share, in monetary terms amounting to so many rubles. They gave a certificate for the land, but not for the property.
Property shares (read more...)
Tax
You will have to pay to acquire a land share by inheritance. First, you will need to pay a state fee for the work of a notary. In accordance with Art. 333.24 Tax Code, the cost of his services will depend on the category of the applicant.
If the property is registered by close relatives of the deceased, then they pay 0.3% of the value of such property, but not more than 100 thousand. If the transfer of rights is carried out to distant relatives or just acquaintances, then the inheritance certificate will cost 0.6%, but not more 1 million
There is no need to pay tax for the property transfer procedure. According to the rules of paragraph 18 of Art. 217 of the Tax Code, there is no need to pay for income received in the form of cash and property itself, transferred after the death of its copyright holder.
But after all the documents are received, you will have to make an annual contribution to the treasury - property tax for individuals. Its size will vary depending on the region and location of the land, as well as its category and group of permitted uses.
Law Club Conference
In 1992, our collective farm was disbanded and the land and property shares were divided.
We joined a cooperative with these shares. This year we left the cooperative and the cooperative paid us a property share in the same amount as in 1992 and also deducted 13% income tax from this amount. Is the cooperative right? Never received dividends. When the reorganization of collective farms took place at one time, all workers were informed that they had so many hectares of land without allocation in kind and a property share, in monetary terms amounting to so many rubles. They gave a certificate for the land, but not for the property.
Zhytomyr regional public and business newspaper - ECHO
In the same way, the property shares of the Babichs got lost between “Reforms” and “Universal”. The head of the latter (he is also the former supply manager of “Mriya” - but of course!) V.D. Slobodenyuk, in his complaint against the decision of the district court to the court of appeal of the Zhytomyr region, stated that he did not have any property shares of this family, and therefore his “ Universal" cannot in any way be considered the legal successor of "Reform" in this sense. And the appellate court of our region agreed with this in June 2008, overturning the decision of the Lyubarsky District Court. And the motive is this: since the second farm was not reorganized from the first (if you remember, only someone else’s, that is, peasant property, was transferred back and forth), then it cannot be the legal successor of the first. And it turns out that it cannot answer the Babichs’ claim. As a result of this powerful judicial balancing act, one small trifle remained completely unclear - where did the Babichs’ property shares go and who should return them to this family?!
When their collective farm "Mriya" was disintegrated in 2000, the father of the family received a property share worth 10,019.53 UAH, the mother - 7,137.56 UAH, and the daughter - 2,931.98 UAH. By the way, this desoldering actually meant the end of the collective farm (so to speak, “Mriya” died.), which was then, as we beautifully call it, reformed into a private agricultural enterprise. “Reforms” (by God, the author is not making anything up - the true names speak for themselves). And if the new owner, I apologize, “Reform” had been able to come to an agreement with the Babich family about allocating them their property shares (in property or money), then everything would have been “as usual.” However, Galina Pavlovna, who also represents the interests of her sick parents, in November 2005 filed a claim with the Lyubarsky District Court against Reforms, demanding from them property shares that the agricultural enterprise, without concluding lease agreements for them, was illegally using, without paying anything for it .
Issues of distribution of property shares
Collective Farmer's Property Share How You Can Take It
Some buyers (remember, in particular, the guests from Chernushka) did not have time to register powers of attorney. Today the period given by him has expired, and we can sell our shares AGAIN! True, there are practically no people left willing to purchase them (at the moment, only Niva LLC is buying shares in the region, and then only the lands of the former agricultural production enterprises Nozhovsky and Niva). The time has gone. But you can allocate a piece of land in kind and officially register it in your name.
How can a collective farmer’s property share be taken away?
Property Share of a Collective Farmer How You Can Take It I have with me a certificate of ownership of the property share (Certificate). A question arises at the first stage regarding the allocation of a property share in the property, because in the administrative center of the village (collective farm) it was explained that in 2000 the collective farm (from which we want to allocate a share), which was previously called “Commonwealth”, was renamed “Selsovet” and was a list of shareholders who are included in this “Village Council” has been created. But for some reason, the majority of Sodruzhestvo shareholders were not notified. In total, we cannot allocate a share right away at the first stage, because they say we don’t know what to do, you are not on the list, and the fact is that the certificate is on the side.
The owner of a land share (share) can sell (transfer) it to other land users. The pre-emptive right to purchase this land share (share) has the farm or its employee with mandatory registration of the transaction in the agricultural organization.
Taxation
All transactions related to the registration of a land share provide for mandatory taxation. The amount of tax is calculated according to the cadastral value of the land and cannot be less than 1000 rubles.
The Federal Tax Service in a particular region or municipality is responsible for notifying all land owners about paying taxes.
Those owners of shared lands who rent out plots and receive profit from this are considered official taxpayers and are required to pay taxes in accordance with Article 226 of the Tax Code.
Persons who use land for personal purposes, conduct agricultural activities on it, and do not rent it out, are also required to pay taxes, taking into account the relevant articles of the Tax Code of the Russian Federation.
The deadline for paying land tax for the past annual period is November 1 of this year.
How to Get a Property Share on a Collective Farm for Your Heirs
It is important that the establishment of a minimum rent of at least 1% of the value of the property share is provided. A group of persons (individuals) who are owners of property shares must be allocated individually defined objects from the property of the reorganized PSC or their legal successors in relation to the property. The decree provides for shares of that part of the property that was allocated to cover debts to the state in connection with their write-off.
If within 30 days from the date of proper notification of the participants in shared ownership about the approval of the land surveying project, they do not receive any objections regarding the size and location of the boundaries of the allocated plot, the land survey project is considered approved (clause 12 of Article 13.1 of Law N 101-FZ).
Registration of ownership rights to property shares (read more...)
Lawyer Anisimov Representation and defense in court
An employee’s property shares were determined taking into account his contribution to the creation of farm property and depended on length of service, wages and other indicators. The property shares of workers employed in the social sphere in rural areas were determined in accordance with the procedure established by the labor collective. Owner I.p.
Due to the unsettled nature of property relations, as already noted, the Decree of the President of Ukraine “On measures to ensure the protection of property rights of peasants in the process of reforming the agricultural sector of the economy” (2001) was adopted. This Decree, in addition to the requirement to clarify the composition and value of property mutual funds, provides for the introduction of documentary certification of ownership of shares by issuing property certificates and ensuring the free exercise of ownership of shares, in particular the transfer of shares for rent, purchase and sale, donation, exchange, inheritance.
Issues of distribution of property shares
If at the time of submitting the application the state duty has not been paid, the applicant is issued or sent information containing a unique payment identifier (unique accrual identifier) necessary to confirm the fact of payment for a specific service for payment of the state duty, indicating the date by which it must be paid (Rosreestr Information dated July 26 .2020; Information from Rosreestr dated October 17, 2020; clause 3 of Appendix 5 to the Regulations on the payment system of the Bank of Russia, approved by the Bank of Russia on June 29, 2012 N 384-P).
As in other cases, heirs by law and by will (Article 1111 of the Civil Code of the Russian Federation). First of all, the presence of a will document is checked. Only if the heir does not mention the recipients of the cooperative share, the property goes to the legal successors.
Accounting press and publications 2008
How to get a property share on a collective farm
You really have the right to this share, just like your father - after all, you registered the rest of the inheritance as property. This means that you have accepted all inherited property. Since you missed the deadline, you really need to go to court at the location of the share. Hire a lawyer to help you file your claim. It is advisable to find a document on the grandfather’s ownership of this land. Justify missing the deadline by saying that you did not know about the land share.
Resolution of the Presidium of the Perm Regional Court in case No. 44-g-413
The Presidium finds the supervisory complaint justified, the decision of the Karagay District Court dated November 5, 2021 and the ruling of the judicial panel for civil cases of the Perm Regional Court dated December 9, 2021 are subject to cancellation due to a violation of substantive and procedural law.
for 1991, calculate the plaintiff’s share. The balance sheets of the collective farm and the agricultural cooperative enterprise were requested from the agricultural department of the administration of the Karagay district. The defendant presented to the court a calculation of B.’s property share as of December 31, 2021, amounting to 17,434 rubles; the materials included the balance sheets of the collective farm as of December 31, 2002 and the joint stock company as of December 31, 2021, but the court did not take these documents into account, and they were not assessed.
