The Tax Code of the Russian Federation is not subject to personal income tax on income in cash and in kind received from individuals as a gift, with the exception of cases of donation of real estate, vehicles, shares, shares, shares, unless otherwise provided by this paragraph. Income received as a gift is exempt from taxation if the donor and recipient are family members and (or) close relatives in accordance with the Family Code of the Russian Federation (spouses, parents and children, including adoptive parents and adopted children, grandparents and grandchildren , full and half-blood (having a common father or mother) brothers and sisters).
Are stepfather and stepson family members or not?
Carrot 22 - 02/27/2015 - 11:46 20-irina232 I believe that the Tax Code provides an exhaustive list of persons exempt from paying tax.
Because the concept of “family member” is different in many legislative documents.
It’s important for you to read it this way, and for them to read it this way. In my opinion, if the Tax Code had written, for example, “and other family members, in accordance with the RF IC,” then yes, the list would be open, otherwise... But I repeat, this is just my opinion irina232 23 - 27.02 .2015 - 11:48 why did they write “are family members and (or) close relatives”, therefore, this is not the same thing.
Are the stepdaughter and stepfather family members?
Attention: Is the word “stepfather” offensive? Traditionally, the title of stepfather carries less negative connotations than stepmother. It even became a proverb: “not a mother, but an evil stepmother.” A man in such a situation is automatically considered the center of virtue, because he took a woman “with some weight” as his wife.
Info There is a lot of patriarchal morality and double standards in this; the stepfather does not always become a good friend and a real father. Is it possible to somehow replace this dry and official “stepfather” with other words, less alienating? It can be extremely difficult for a child, in a moral sense, to call his mother’s husband a father, and even more so a dad. In no case should you be forced; this can only intensify confrontation.
Is the stepdaughter part of the family?
Now the tax office is demanding a declaration from a minor child (stepson), or more precisely from his representative (wife), citing the fact that the stepfather and stepson are not relatives and that “they wanted to put it on the family code.” Thus, having received the assistance we were entitled to from the state, we paid for the re-registration of the apartment, and now also the tax. In our situation, is it possible to somehow prove to the tax authorities that we are members of the same family, living together under the same roof through thick and thin for more than 5 years, and how to do this? Answers
- payment of tax upon gift from father to stepsonAuthor: lawyer Kuzovokova O.A. 01/18/2012 Hello!
A stepfather is... who is a stepfather? meaning of the word
In any case, the court must find out for what reasons (good or bad) the upbringing and maintenance of the stepson or stepdaughter was terminated by the stepfather (stepmother), and, taking into account the specific situation, decide the issue of collecting alimony for the maintenance of the stepfather (stepmother), even if they supported and raised their stepson or stepdaughter properly for less than five years.”
The content of the legal relationship with the participation of the stepfather (stepmother) and stepson (stepdaughter) consists of the mutual rights and obligations of the named persons. Of particular interest are, as mentioned earlier, the rights and responsibilities for raising children. This legal relationship also involves the child’s parent, who is endowed with the corresponding rights and responsibilities on the basis of the law.
At the same time, the legal fact that entails the emergence of a corresponding legal relationship directly between the child and the spouse of the other parent has not been determined.
Is a stepfather or stepmother a relative if the parent is alive and not deprived of rights?
Sergey, hello!
In the Family Code of the Russian Federation, the rights of a stepfather (stepmother) in relation to the children of his wife (husband) are not regulated in any way. Although the situation when the functions of a father (mother) are performed by citizens who are not citizens is quite common, and relationships between a stepfather (stepmother) and a stepson (stepdaughter) in a family are much more common than adoption.
The terms “stepfather” and “stepmother” denote a stepfather and not a natural mother, but “stepson”, “stepdaughter” - a stepson or stepdaughter of one of the spouses.
However, legally the stepfather has no rights to participate in the upbringing of the child. He is not the legal representative of the child, and can act in defense of the interests of the child only on the basis of specially certified powers (power of attorney). A power of attorney to represent the interests of a minor child can be issued by the child’s legal representative (parent).
Legislatively, the rights of a stepfather (stepmother) are indicated only in the section “Alimony responsibilities of other family members.” Thus, Article 97 of the RF IC states that disabled stepfathers and stepmothers who are in need of help, who raised and supported their stepsons or stepdaughters, have the right to demand in court the provision of maintenance from able-bodied adult stepsons or stepdaughters who have the necessary means for this, if they cannot receive maintenance from their adult able-bodied children or from spouses (former spouses).
The inheritance rights of stepfathers (stepmothers) are also protected by law. According to clause 3 of Article 1145 of the Civil Code of the Russian Federation, if there are no heirs of previous orders, the stepsons, stepdaughters, stepfather and stepmother of the testator are called upon by law to inherit as heirs of the seventh order.
Sergey, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best!
In everyday life, loved ones mean people who are related to each other, connected by family ties and, as a rule, friendly relationships. These are, first of all, the main members of the family: husband, wife, children, father and mother, etc. Such things seem extremely simple and ordinary, but from the point of view of the law, a family connection is not yet a reason to classify people as close people. For a better understanding, let's look at the main, frequently asked questions.
Who is legally a close relative?
Everything that is acquired by a husband or wife during their legal marriage belongs to them on equal rights, regardless of who acquired it and with what means.
If necessary, joint property can be divided equally. Adult citizens of different sexes can enter into marital relations, except in cases...
- one of them is legally married;
- presence of blood relationship (mother and son, father and daughter, grandfather and granddaughter, grandmother and grandson, brother and sister);
- the existence of a relationship between an adoptive parent and an adopted child;
- one of them has incapacitated status;
...former spouses Former spouses, that is, a husband and wife who have legally dissolved their marriage, lose all relations with each other. They are no longer family members and do not have the special privileges that the law grants to spouses. In accordance with paragraph 1 of Article 11 of the Tax Code of the Russian Federation, the institutions, concepts and terms of civil, family and other branches of legislation of the Russian Federation used in this Code are applied in the meaning in which they are used in these branches of legislation, unless otherwise provided by this Code. I would like to draw your attention to the fact that Article 14 of the Family Code of the Russian Federation defines the concept only of “close relatives”.
Article 97 of Chapter 15 “Alimony obligations of other family members” of the Family Code of the Russian Federation recognizes a stepdaughter and stepfather as members of the same family.
And the definition of the concept of family is given in Article 1 of the Federal Law of October 24, 1997.
№ 134-
Federal Law “On the subsistence level in the Russian Federation” - “persons related by kinship and (or) affinity, living together and leading a joint household.”
They are not relatives, but the stepfather receives a non-property right to take part in raising the children of his wife, provided that the exercise of these rights does not cause physical, moral or material harm to the children, and does not violate their own rights. Many people are interested in whether, with the official conclusion of marriage, the stepfather really has responsibilities towards his stepson or stepdaughter. The law does not stipulate the duty of a stepfather (or stepmother) to financially support the children of his wife (or spouse) from a previous marriage. Nevertheless, there are reservations in the legislation that protect the rights of children to financial support from an adult relative. The court can release the stepfather from this responsibility; for assistance, you need to contact the guardianship and trusteeship authorities. The law has retroactive effect according to the principle of reciprocity.
Is the spouse a relative?
The question posed in the title is not as naive as it might seem at first glance.
It’s unlikely that anyone thinks specifically about this question at least once in their life.
Meanwhile, every family person inevitably gets involved in situations where contradictions arise in the relationship between relatives and spouse and there is a need to take one side or another.
Perhaps the most striking confirmation of the relevance of this problem is the eternal themes of mother-in-law and mother-in-law.
Therefore, I believe that knowing the answer to this question can help you make the right decision in a conflict situation.
The question also needs to be considered because different branches of law answer this question differently.
For example, paragraph 4 of Art. 5 of the Criminal Procedure Code of the Russian Federation, spouses are classified as close relatives.
A Art. 14 of the Family Code of the Russian Federation, a spouse is not classified as a relative.
Due to the presence of such contradictions in laws, there is also a need to understand this issue.
I’ll start by defining the concepts of “spouse” and “relatives”.
As follows from the interpretation of Article 10 and Article 12 of the Family Code of the Russian Federation, a man and a woman who entered into a marriage in the registry office are recognized as spouses.
Spouses voluntarily enter into an alliance and undertake responsibilities and acquire for themselves the rights established by the Family Code of the Russian Federation and other regulatory legal acts and conditions and requirements that spouses impose on each other.
Therefore, in its legal essence, marriage is close to such concepts of civil law as “agreement” and “transaction”.
From Article 14 of the RF IC it follows that relatives are persons between whom there is a blood connection.
The degree of relationship between persons is determined by the number of births between them.
duty lawyer,
The concept of “close relatives” in different branches of law. Is the ex-spouse a close relative or family member? Are persons in a civil marriage considered close relatives or family members? Quite often in civil, family and tax law the concept of “close relatives” is used.
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Students who successfully complete the program are issued certificates of the established form. Students who successfully complete the program are issued certificates of the established form. An article of the Labor Code gives employees the right to take up to 5 calendar days of leave without pay in the event of the death of close relatives. To resolve the issue of who should be considered close relatives, the Russian Ministry of Labor advises referring to the provisions of the Family Code.
Who is legally a close relative?
The fact is that the legislation establishes special legal norms for close relatives.
In this article we will find out who is a close relative under the law, answer frequently asked questions on this topic: is a close relative a grandmother, wife, nephew, stepfather, ex-husband, mother-in-law, mother-in-law, son-in-law, cousin, stepsister, etc. In this article In this article we will tell you exactly who is a close relative. In addition, there is uncertainty: the Family Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation classify different persons as close relatives. WATCH THE VIDEO ON THE TOPIC: Do children owe their parents and if so, then what?
Psychology, Psychotherapy .
Who is legally a close relative?
Between close relatives it ranges from one to two, both in ascending and descending lines.
In addition, from Article 14 of the RF IC, which contains a ban on marriage between close relatives, it follows that close kinship is a circumstance that prevents the emergence of marital relations.
It follows from this that a spouse and a relative are different concepts .
Therefore, the spouse is not a relative.
A spouse may be a relative if the marriage was concluded between relatives who are not close.
The existing conflict between clause 4 of Art. 5 of the Code of Criminal Procedure of the Russian Federation classifying spouses as close relatives and Article 14 of the RF IC, which does not classify spouses as relatives, in my opinion, should be resolved in favor of the RF IC, since the Code of Criminal Procedure of the Russian Federation regulates specific short-term procedural relations arising during the investigation of crimes, and the Family Code The Russian Federation is a special law regulating marriage and family relations.
I like the scientific definition of the concept of spouses - spouses are persons who are in a special family-marital relationship.
This definition clearly reflects the contractual nature of marital relations as opposed to family relations.
Hence the conclusion - marital relationships are always temporary, family relationships are eternal.
Therefore, when conflicts arise between relatives and a spouse and the choice of one’s attitude towards him, the specified circumstances should be taken into account.
Lawyer An I.P. 05/18/2013
Who is not closely related?
There are categories of citizens who are not close relatives of each other. They can only be so in relation to one of the spouses. This list includes:
- cousins/brothers;
- great-grandparents and great-granddaughters/great-grandchildren;
- aunts/uncles and nieces/nephews;
- daughter-in-law/son-in-law, father-in-law/mother-in-law;
- mother-in-law/father-in-law.
By the way! In a civil marriage, the man and woman are not related. They have no right of inheritance. The only exception can be a will.
Mother and son, being the closest relatives, inherit property after each other. After the son’s marriage, the mother-in-law and daughter-in-law will not be related, so there is no right of inheritance between them.
Often, ignorance of the law leads to serious mistakes. Spouses are family members, but not relatives. After a divorce, all ties are broken. For example, a husband gives his wife an expensive gift at the time of marriage (real estate, shares, a car). According to clause 18.1 of Art. 217 of the Tax Code of the Russian Federation, the recipient does not pay personal income tax in the amount of 13% from close relatives or family members. If at the time the wife files her income tax return they are divorced, then this gift is not taxed. Confirmation - marriage certificate at the time of gift delivery and divorce document. All certificates must be attached to the income tax return.
Who are considered close relatives according to Russian law?
The concept of close relatives, which we use in everyday life, as a rule, implies a circle of people who are related to us and are our family. Here are spouses, children, parents, grandparents, brothers and sisters, as well as in-laws. When you use the concept of a close relative, you imply a special connection with him, as well as a special, privileged attitude towards such a person. You need to understand that the law also defines special legal relations applicable to this category of people. However, you need to clearly know who is considered close relatives according to the law of the Russian Federation, and who is not.
It is impossible to unconditionally determine the circle of close relatives according to the law. Guided by codes of laws in various spheres of public relations, such as the Family, Criminal, Tax Code and others, it is impossible to obtain an unambiguous answer to such a question. The fact is that different situations require an individual approach and you need to be guided by different legal norms.
Let us consider who is a close relative in more detail from the point of view of the Family Code of the Russian Federation.
What laws govern the concept?
Determining who is considered a close relative under the law, and who in a particular case is not, is determined by the specific law that regulates the relationship. The absence of an appropriate definition in this law does not mean that all relatives without exception belong to the category of close ones.
The most general characteristic of this concept is contained in the legislation regulating marriage and family relations (Family Code of the Russian Federation, we will write in more detail below). It is the persons listed in it who are recognized as close relatives.
However, the peculiarities of legal relations in a particular legal area also leave an imprint on the concept of close kinship, as a result of which the list of such relationships can be changed and presented with a broader list.
First of all, this concerns criminal legislation, as well as certain civil norms, therefore the relevant codes or individual laws in their general provisions contain a definition of relatives recognized as close when applying the special norms of such legislation.
What kind of relative is the stepfather
This law provides more opportunities in the area of property relations between relatives. Now the transfer of an apartment, car and land will not require huge taxes when inheriting and donating the listed values. This tax is 13% of the value of the property, which at current housing prices is sometimes unaffordable for many families.
Also, during the trial, it would be useful to learn that the Constitution and the Criminal Code of the Russian Federation give the right to refuse to testify against oneself, one’s spouse and close relatives. Police officers are obliged to notify them, that is, their relatives, when a suspect related to them is detained. Relatives need to know where they are.
By law, close relatives are entitled to the following rights:
- inherit property;
- to refuse to testify against a close relative at trial;
- do not pay property tax when inheriting or receiving as a gift;
- receive leave at your own expense in the event of the death of a close relative;
- other rights provided by law.
Family members, but not relatives
But a concept that is often confused with those discussed in the article is family members. Close relatives and family members are not the same thing in the eyes of the law. According to the Housing Code, family members are persons living with you in the same living space. Sometimes these are not direct relatives whom we traditionally consider close - mother-in-law, father-in-law, mother-in-law, father-in-law or cousins. But applicable to the Family Code and the criminal and tax codes that refer to it in their articles, the definition of close relatives is different. This means that it is the definition of this category of persons used in the Family Code that should be taken as a basis.
Close relatives are direct descendants or ancestors in ascending and descending lines, as well as full brothers and sisters (on mother and father) or half-brothers (only on mother or only on father). According to the Family Code, your close relatives are:
- Parents;
- Children, including adopted children;
- Grandparents, namely the parents of your father and mother;
- Siblings (both mother and father or just one parent).
Where are husband and wife on this list? They are not listed as legally related.
Who are husband and wife to each other?
The wife and husband are the closest people to each other, but the law specifically regulates their relationship. Here lies the greatest nuance, which is far from obvious to the average person. According to the same Family Code, a husband and wife cannot be considered immediate relatives. The relationship between husband and wife is not considered consanguineous (kinship), but inherent. Since marriage is an agreement between two people, and therefore the relationship between the relatives of both parties is not blood, but inherent.
It can be said that a family union in the form of a legal marriage is a relationship by contract, and not a true blood relationship. Which persons are related to:
- Husband and wife;
- Mother and father of the husband or wife (mother-in-law, father-in-law, mother-in-law and father-in-law);
- Son-in-law and daughter-in-law.
This circle of people are each other’s family members, which includes many other persons, such as stepmother and stepfather, children born in a civil marriage, relatives living together, etc.
Legal regulation of relations between spouses
A completely reasonable task arises to regulate relations between husband and wife in various areas. Each branch of law provides references and clauses specifically indicating the rights and obligations of spouses. For example, the Criminal Code states that you do not have to testify against yourself, your spouse and close relatives.
When making a will, you need to take into account the fact that the husband and wife are not close relatives. If it turns out in the will that all the property is divided by close relatives, then the wife of the deceased may be left with nothing, since she does not belong to this circle of people. The inheritance passes in accordance with the last will of the deceased person under a will, regardless of the procedure for inheritance by relatives, which is specified in the law. Whereas without a will, she would have been the heir of the first priority according to the Civil Code of the Russian Federation, along with her children and parents.
For the same reason, the former spouse (and all their relatives) are no longer members of the same family, and therefore cannot claim anything after a divorce. But blood relatives cannot be former, because their relationship is not based on contracts.
Knowing the law releases many benefits that you can take advantage of. You can draw up a deed of gift, correctly draw up a will, and also enjoy other privileges by knowing exactly who are legally close relatives.
Number of crimes in Russia
Is my stepfather a relative in the ascending line or not?
Hello.
I wanted to know if my stepfather is a relative in the ascending line or not? I'm interested because I would like to receive the status of a native speaker of the Russian language August 05, 2021, 22:11, question No. 1716214 Andrey, Shchelkovo Collapse Online legal consultation Response on the site within 15 minutes Answers from lawyers (3) 474 answers 150 reviews Chat Free assessment of your situation Frolov Vladimir Alekseevich Lawyer,
Novosibirsk Free assessment of your situation
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Close relatives are direct descendants or ancestors in ascending and descending lines, as well as full brothers and sisters (on mother and father) or half-brothers (only on mother or only on father). According to the Family Code, your close relatives are: Parents; Children, including adopted children; Grandparents, namely the parents of your father and mother; Brothers and sisters (by mother and father or only one parent) August 05, 2021, 22:16 1 0 339 replies 153 reviews Chat Free assessment of your situation Lawyer, city.
Saratov Free assessment of your situation Andrey, good evening! No, in accordance with Art. 14 of the Family Code of the Russian Federation by a stepfather by a close relative (i.e.
relative in direct ascending and descending line) is not.
August 05, 2021, 10:26 pm 1 0 326 replies 141 reviews Chat Free assessment of your situation Lawyer, city.
Moscow Free assessment of your situation It all depends on the following circumstance: whether your stepfather adopted you or not. If he didn’t adopt, then he’s not. 05 August 2021, 22:41 1 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price.
Similar questions September 12, 2021, 12:04 p.m., question No. 1374513 December 23, 2021, 4:55 p.m., question No. 1483491 October 01, 2021, 12:10 p.m., question No. 1394003 December 10, 2021, 10:05 p.m., question No. 1469597 08 May 2021, 13:33, question No. 1631440 See also
Recognition as a family member of the owner or tenant of a residential premises
(Granting the status of a family member to a non-relative through a judicial procedure for establishing a legally significant fact)
The list of persons who are family members of the owner or tenant of a home in terms of property relations is enshrined in the Housing Code, and according to this set of laws, this circle includes: the owner’s spouse, parents and children. However, it may be necessary to determine the status of a family member in relation to a citizen living together with the owner or tenant of the apartment, but who is not his closest relative. Such a need may be associated with obtaining a housing certificate, relocating to another place of residence, submitting documents for registration as a person in need of improved housing conditions, and in connection with other circumstances. In this case, the list of categories of persons falling under the definition of family members may be expanded, but this will most likely require a procedure for establishing the relevant legally significant fact in court.
The status of a family member allows a citizen to be recognized as having the right to housing. Thus, any relatives of the owner, along with disabled persons dependent on him, and, as an exception, other citizens can acquire the status of a member of the owner’s family only if they are moved into the residential premises by the owner himself as members of his family. Similar definitions will apply to family members of the tenant of the residential premises, that is, when a social tenancy agreement is in force. But at the same time, the landlord has the right to prohibit the tenant from moving in other persons as members of his family living together with him, if as a result of such moving in, the living space allocated according to established accounting standards for one family member turns out to be less than the permissible value. However, it should be noted that when minor children move in with their parents, the consent of the landlord or other family members is not required.
As noted above, the classification of a citizen as a member of the family of the owner or lessor is carried out in the form of establishing a legal fact and is carried out in the manner of legal proceedings. When drawing up a statement of claim for recognition as a family member of the owner or tenant of a home, the citizen who wishes to gain the status of a family member must be indicated as a plaintiff. If it is necessary to grant such a status to a minor, then the claim must be filed in court by his legal representatives, who can be one of the parents, an adoptive parent, or a guardian. The defendant in such claims is either the owner or the tenant of the residential premises. In addition to the plaintiff and defendant, the application must indicate all third parties who have rights to the disputed housing. If we are talking about an apartment provided under a social tenancy agreement, then the landlord is indicated as a third party - the administration of the municipality within which the disputed housing is located. The claim is filed in court at the location of the disputed home. In this case, the plaintiff must pay the state fee provided for non-property disputes.
In order for the court to satisfy the plaintiff’s demands, he will have to competently substantiate his claim by providing relevant evidence. Certain documents must be attached as such evidence. Thus, the application must include an order for an apartment, a lease agreement or a certificate of registration of property rights. Confirmation of registration at the place of residence in the disputed premises will also be required. Recognition of a person as a family member is based on confirmation of family ties with the owner or tenant of the property. Relationship is confirmed by a birth certificate, and for spouses by a marriage certificate.
