Assignment of the Rental Rental of the room. Sale of rental rights What is it? The assignment of the rights to rent non-residential premises

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Very often, the assignment of the rental rights are confused with the term sublease. The main difference between these concepts is that with the Subaren, the tenant with the consent of the landlord has the opportunity to pass the property taken for rent, and when the rental rights of the lease - the rights and obligations of the tenant under the lease agreement are transmitted to another person. Let's try to imagine schematically. The company "A" concluded a contract according to which he reserves the rental rights of the company "B". As a consequence, the company "B" occupies the place of "A" in the rental agreement, all the responsibilities and rights that belong to "A" are automatically moving to "B".

To properly legally place the assignment of lease rights, you need to collect and issue the following documents:

• statement;
• a copy of power of attorney certified by a notary;
• payment;
• the appointment protocol of the head that signed the contract and issued a power of attorney (a copy and the original certified by the signature and the seal of the head) are submitted;
• copy and original of the constituent documents of the tenant;
• certificate of OGRN;
• certificate INN;
• charter;
• if constituent documents have changes - evidence of these changes;
• constituent contract, if concluded;
• bTI origards (less annual limitations);
• plan of each floor;
• explication;
• extract in the form of 1st from the technical passport;
• decisions taken by authorized bodies on the start of the assignment process;
• minutes of the meeting of the Board of Directors, Shareholders;
• a copy and script of the registered lease agreement;
• replication agreement protocol.

After the assignment of the rental rights, the newly suitable tenant is responsible for the landlord. This confirms the new lease agreement. Implementation and legal registration of the popular transaction today brings good dividends. For example, many firms rent premises, and subsequently transfer the right to lease to other companies. Naturally this is done for a certain payment. 25% of these premises are rented for services and trade. A new tenant is selected only with the consent of the object owner. For this, the auction is sometimes held among all those wishing. The owner of the object chooses the most suitable option. So that today the transfer of the rights of the lease has become a stable popular view of business. And like any type of business, this service has enough "underwater reefs and stones" and various subtleties. Therefore, when drawing up PPA is better to trust professionals in this area.

Transaction for the transfer of rental rights non-residential premises It is similar to the composition of sale, but it is not the subject of its real estate itself, but the rights and obligations for its use on the conditions specified in the contract.

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What features are characteristic of transferring rights to rent precisely non-residential premises, how to make a contract and what documents are needed for this? On the peculiarities of taxation such transactions will be discussed in this article.

What it is

The assignment is a substitution of persons in the obligation, in particular, the tenant on the third party. At the legislative level, the norms on the legal concept in the Civil Code of the Russian Federation are prescribed.

It contains in detail the rights and obligations of the parties when replacing persons in obligations and how the owner and the main tenant should act at the conclusion of such a contract.

Tenant rights can be attributed to:

• transfer of property to the sublease, subject to preliminary agreement with the owner, if this provision is registered in the main contract;
• the possibility of transmission to the sublease of non-residential premises;
• the procedure for registering a transaction - for more than 1 year, the submission of documents to the Russian authorities is necessary. If the agreement is valid for less than 1 year, it is not necessary to contact the registering institution under the law;
• the procedure for transferring property to gratuitous use is characteristic of using non-residential premises with non-commercial organizations according to its statutory goals, for example, religious;
• transfer of rights on liabilities in pledge;
• the provision of rental rights as a share to the authorized capital of commercial and non-commercial associations.

Features

After the assignment of the right to the new tenant are given the rights of the requirements, the possibility of using the room and possession.

From this point on, certain restrictions have certain restrictions for the owner of non-residential premises, for example, on the transfer of the property to third parties to the Subarent, the premises of it as a collateral on loan obligations, on mortgage agreements, introducing into other contracts with registration of encumbrances.

In some cases, the owner's consent of the object is required to move rights to the object of real estate to the new tenant.

If such a condition is not spelled out in the main contract, then when signing obligations on sublease, the written permission from the owner can not be asked on this basis.

When the term of the contract is 1 year and the contract contains a requirement to prevent the owner of non-residential premises, his written consent needs to be provided to the registry office of real estate transactions as a legal basis for carrying out a transaction.

The popularity of the agreement of the assignment of rights of the claim under the lease agreement for a residential premises is due to the following moments:

• the tenant can get the property for use by concluding a single agreement without terminating the contract of the first participant in relations with the owner;
• the cost of renting the premises when applying such a scheme is much lower than when receiving property from the owner in view of special and often long-term relations between the property owner and direct tenant, which is replaced in the contract;
• the term of the agreement is taken equal to the time that they have established the parties of relations, it can be both long and short-term, the legal significance does not have.

How to make an agreement and its sample

Regardless of the constituent agreement of the assignment, this transaction refers to the category of civil law. The norms of it are regulated by the Civil Code of the Russian Federation.

Since essentially, the relationship is actually a sublease, the provisions of Article.615 of the Civil Code of the Russian Federation should also be taken into account, in which the rights and obligations of the tenant are prescribed.

With the belonging to non-residential premises to the state body of the federal or regional level, its provision for rent under the assignment agreement the right of claim is possible in the framework of the public auction.

The contract is issued in arbitrary form on the basis of the requirements of the law. The following items are prescribed in it:

• FULL NAME or name of the parties to the contract - the owner, a tenant or a person accepting the premises in the following;
• for legal entities, the number and date of the certificate of the State Registration of Information in the EGRULT is necessarily INN also for citizens speaking a deal;
• the subject of the contract is real estate in respect of which the rights under the agreement on the assignment of the right of claim are established;
• the method of calculating the rent, a schedule for its introduction, precise amounts or tariff for renting municipal or public housing.

The rules for conducting trading on the transfer of property in the sublease (under the assignment agreement the right of claim) are indicated in GC and law.

Bidding is organized often by direct tenant, which establishes the cost of the assignment, the condition for the use of real estate in a non-residential fund, conducts auction on the basis of voiced requirements.

In practice, Bidding is wonning that tenant who will offer the maximum amount as a fee for the use of the premises under the assignment agreement.

To carry out legal trading, it is necessary to estimate the cost of the real estate transferred to the lease. This action is carried out in the presence of a SRO tolerance issued by a competent organization.

Only in the presence of this document the conclusion will be considered an authorized organization issued by an authorized organization.

The result of the determination of the cost is influenced by the following factors:

• room area;
• the presence of infrastructure;
• gaining income when conducting entrepreneurial activities in the territory of the non-residential object of real estate;
• the volume of rights transmitted by the transaction.

What documents are needed

To conclude a contract, the following papers will be required:

• in original;
• property of real estate from the owner to the tenant;
• under the employment contract in three original copies in the number of parties to the relationship;
• act on the transfer of real estate from the tenant to a new participant in the transaction, which will use the destination;
• certificates about the lack of debt on payments regarding obligations with the owner of the residential premises, the availability of other complaints;
• written agreement of the property owner in making the assignment of the right under the contract.

If the term of the contract is less than 1 year, the registration of the rights to real estate in the form of lease is carried out by concluding a written agreement. Notarization and registration in Rosreestre is not required.

When the transaction has a duration of more than 1 year, it is necessary to appeal to the state institution that carries out the right of the rights of the national property, including under contracts for the assignment, otherwise such an agreement will be considered invalid (insignificant), that is, nonconnected by the law.

Accordingly, he does not entail the legal consequences for the parties in the form of the obligation to provide property, and on the other - on paying payments due to the rental of non-residential real estate object.

Tax with transfer Rent of non-residential premises

Obtaining rental payments Under the assignment agreement, the right of claim is taxed depending on the received taxation regime for the subject of the transaction.

For legal entities, a base arises for calculating income tax, its size is determined by a certain rate. For organizations that are on the general mode of taxation and USN, its size will be unequal.

There is also an income from individuals, in the property of which are leased non-residential premises, and individual entrepreneurs.

When paying for NDFL, the rate from the received income will amount to 13% with reporting period no later than April 30, following income, also requires the provision of monthly advance reports to the tax inspectorate.

Tax and non-commercial associations are also paid to the budget, the main purpose of which is not the extraction of profits, but those who belonged to the organization of the non-residential fund for a fee.

Difference from sublease

The difference between the assignment of the right to rent claim is to replace the parties in the obligation on the basis of a newly concluded contract. At the same time, the leaser receives the benefit, and not the owner, as in cases with a overhaul of non-residential premises.

With real estate, many different transactions are performed. It is often carried out according to the result of the transaction similar to the contract of sale, but lease rights are considered the subject of the document. This procedure can be invalid if there are certain foundations for this. In order to fulfill everything correctly, you need to familiarize yourself with the subtleties of the procedure, which will be discussed in the article.

What it is?

The assignment of lease rights is a renewal, which is carried out by means of change of persons of the transaction, and, more precisely, the tenant. They will have another person who will have the same rights and obligations. And the former tenant has authority.

Norms of law

In art. The 615 Civil Code of the Russian Federation shows the nuances that must be observed by the tenant when using the property. But he appears and rights. In paragraph 2 of this article, it is said that the tenant can:

1. Transfer property to sublease.
2. Transfer duties and rights to third parties.
3. Transmit room for use.
4. Transfer rental rights on liabilities.
5. Transfer rental rights to the authorized capital of commercial organizations.

Rights and restrictions

When the assignment is issued rights receives the rights of possession and use. From this time, the specified rights are an independent object with which it will be possible to carry out transactions. The tenant's rights act relatively specified in the Treaty of the object.

But this person has no authority to dispose of real estate, since it is not considered the owner. This serves as a restriction of some transactions, as the right of disposal is only the owner. With variability of persons in the contract, the permission of the lessor must be obtained. Consent is provided in writing.

Prof.

Often, the design of the assignment of lease rights is considered a favorable solution in a difficult situation. Thanks to this transaction, a new tenant receives an object to compensated possession and use on identical conditions and at the same cost, on which he rented an object from the previous owner.

The agreement of the assignment of lease rights is usually concluded in non-residential premises located in the prestigious areas of the capital and other cities. These objects provide stable income in business. Usually the agreement is valid for more than 5 years, so the new tenant is beneficial to get the object to customers. The previous user also has its advantages - it acquires income.

Landlords are often municipal and other executive bodies. The demand for rental objects is always high due to low prices compared to commercial institutions. If the rental of non-residential premises, an entrepreneur or company can act as follows:

1. Take part in the auction.
2. Perform the assignment of the rental rights of the room, paying commissions.

The second option is more profitable. But difficulties may appear with him. For example, if a new tenant wants to reconstruct an object, then it will be not easy to do it, and it is often impossible.

Difference with sublearey

The person who surrendered the object in the sublease will be a member of the contract signed with the landlord. It will also fulfill the duties, therefore takes responsibility for any violation of the contract. Compared to sublease with the assignment, the right and duties stop, they acquire them a new tenant.

Conclusion of the Treaty

Transferring car rental and non-residential premises only after signing the contract. Rental rights can not be supplemented, otherwise such a transaction will be invalid (in Art. It is said that the donation of commercial organizations is prohibited).

It is necessary to properly design the assignment of the rental rights. The sample of this document will allow it to correctly. It should have the following information:

1. Details of the parties.
2. Date of registration.
3. Information about the subject.
4. Dates.
5. Rent.
6. Terms of termination.

The agreement is issued in writing, if desired, it is certified by a notary. It refers to signatures of the parties, printing. It is important that the contract content is not contrary to the lease agreement points. Additional papers are signed to the document, which are signed and free.

Conditions and requirements

As in any transaction, there are some requirements for assigning, which should be respected to recognize it legitimate. In addition, this will exclude disputes in the future. The conditions that must be completed with the design of the document are as follows:

1. The transaction is drawn up documented.
2. Parties must agree with the terms.
3. When renting from the first tenant, the parties must be resolved by the issue of payment.
4. The transaction is recognized as legitimate, which requires a notarized permission of participants.

Requirements include:

1. Resolution of the parties to the transaction.
2. Explosions must be specified.
3. The text should indicate the goal of the transfer of rights.

If you comply with the listed conditions and requirements, the transaction will be legal. It can be registered in Rosreestre. After that, the procedure is considered fully completed.

Differences between contracts

Since the contract may be influenced by individuals and legal entities, you need to take into account the difference in the design. The difference is associated with a list of documents that must be provided as accompanying papers. The difference lies in the timing of signing and verifying the legality of the conclusion of this contract. In the rest of the aspects, the procedure is completely the same for everyone.

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With the design of the agreement on the rental of a plot or non-residential object, the act of receiving documentation is drawn up. A new tenant must receive a lease agreement and payment papers. The former tenant must provide a certificate of lease registration in government agencies and identification papers.

Registration is performed if available:

1. Applications.
2. Payment document.
3. Constituent documents.
4. Protocols.
5. Documentation for the representative.
6. Certificate OGRN.
7. Lease agreements.
8. Contract assignment.
9. Technical passport.

Nuances

The underwater stones are not so much, but their appearance complicates the deal. Often because of this it is impossible to conclude. These nuances include:

1. The absence in the initial agreement rules about the assignment.
2. If on land plotsdesigned to keep agriculture, Construction is performed, the assignment cannot be performed until the target is changed.
3. If there are buildings and structures on the lands that do not meet the norms of urban planning legislation.
4. When applied to the object of a judicial prohibition due to the action of a civil or criminal case.
5. If there is a debt for rent in front of the owner.

These nuances are related to those that are generalized in modern legislation. But with the compilation of the contract, others may appear that affect the result of the transaction. These procedures are not common in Russia, but they will greatly work out those who refuse the right to enjoy the land in personal interests.

Responsibilities

On the participants of the transaction should follow the standards established by law. The terms of the contract are maintained during the entire period of its action. It should be borne in mind that the tenant receives some obligations:

1. Payment of taxes, fees.
2. Making rent.
3. Debt payment, if there is such a condition.

This transaction is considered advantageous for the previous tenant, which is getting rid of an unnecessary object. And the subsequent user receives property at an affordable price. There is a benefit for the landlord that receives income.

The transfer of rights and obligations is carried out after registering in Rosreestre. It can not be performed if the contracts conclude between individuals for a period of less than 1 year. For the service it is necessary to pay state duty. For individuals, it is 2 thousand rubles, and for legal ones - 22. The norms established part 2 of article 333.33 of the Tax Code of the Russian Federation.

The transaction can be made by proxy - through the representative. In this case, there are generally accepted legal norms. This person acts by proxy, which should indicate the scope of authority. For example, it can be actions with a leased object on behalf of the principal, including the representation of the tenant's interests in government agencies and the right of signature. It is advisable to register the powers in detail.

Thus, the transaction on the assignment of the rights of car rental or premises will be interested in business representatives. But before signing the contract, it is necessary to consult with a specialist in this field.

IN last years Extremely distribution receives lease technology according to the transfer of rental rights. The overwhelming majority of such contracts are concluded in the segment of trade real estate and a functioning business, making up for different estimates to 30% of all object rental treaties. However, such transactions have a number of their own characteristics. For example, a new tenant should not coordinate the rental conditions with the owner of the premises, since they are already agreed by the previous tenant and are not subject to change. You can agree with the owner and change the terms of the contract, but it is not obliged to do this landlord. Therefore, entering the tenant, it is necessary to carefully study all the provisions of the lease agreement, since it may contain a variety of limitations and prohibitions, for example, redevelopment may be prohibited, repairs may be restricted, etc.

The most common business - assignment of rental rights retail spaceSince it is almost impossible to get into a successful and famous shopping center. In such a shopping center, it is worth the line from tenants for free rooms. In some shopping centers, the management company itself conducts a competitive selection among applicants, assessing the concepts offered by them, and selecting the candidate you like. That is why firms specializing in the assignment of rental rights work not with all the shopping centers. The scheme of business assignment is simple: companies earning the assignment of rental rights, rent areas at the construction stage of the object, and then render their interested companies. It turns out that the cost of the assignation of the rental right and is the price that the businessman must pay for the right to work in this shopping center. And rent for the time of the assignment will also have to pay a new tenant. But since the transferring company is engaged in the process of transferring the transfer company, then not every tenant will be able to get into a major successful shopping center. It is very difficult to rent a premises to regional companies in Moscow without existing stores in this region. In the "Atrium", the potential tenant must provide a list of objects where its stores function, if not a single metropolitan object is in this list, it is not possible to sign an agreement.

Shopping points located outside the shopping center are usually relocated under the assignment agreement for rent only in very profitable and passing places. Also noted a reduction in the number of contracts for the rental of the rental on premises owned by cities. There are several reasons for this: firstly, the municipal authorities practically do not conclude lease agreements for a long time; Secondly, the rooms belonging to cities are increasingly surrendered at market rates and a narrow circle of persons.

In the theory of the assignment, rental rights may occur without a landlord if the profile of the activity and the qualitative level of old and new tenants are identical. In this situation, the outgoing tenant, having a long-term lease agreement, is a substitute for a replacement, rendering the right to lease for a certain amount. However, in practice, such situations are extremely rare, and the owner prefers to participate in the choice of a new tenant. Such a scheme of work is conditionally beneficial for all sides. The outgoing tenant receives a certain amount for the assignment, and the new one gets the object you need.

Currently there is a huge demand for renting a functioning business. In this area there are very profitable and unique objects. The average rental period is 5-10 years. Positive aspects In leased business are the opportunity to learn the history of work, conduct an audit, get full information about the organization. The contract also eliminates the need to obtain licenses for a certain type of activity and other problems related to creating a business. The cost of lease of a functioning business in each case is unique, and depends mainly on the profitability of the object.

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In business practice in modern world It is found such a thing as the sale of rights. Rental and the use of property is not an exception. Under the transaction, they understand the sale of rental rights to another person for the fee. Often it is mixed with sublease when the tenant transfers the rental rights to someone else.

1. Another tenant appears when sold, the old tenant leaves the obligation;
2. When selling rights, the entire volume of rights and responsibilities passes at the rental rental;
3. Subarend exists at the expense of the contract between the tenant and the owner of the property, as part of the lease agreement. Subarend may be prohibited, need to be resolved and arising on the basis of the solution of an exclusively tenant;
4. If the lease is terminated, automatically stops and the subleaseThe sublepenter is responsible to the tenant, the same is responsible to the owner of the property.
5. Sale of rights, most likely, becomes for the owner of the property, the owner of the property or takes a deal or remains without a tenant. If there is a compensation for damage for early rejection of the lease, it still will not cover all losses.

Benefits of PPA for tenant

Benefits:

• The first tenant is deprived of problems due to the refusal to rent;
• Replaced his tenant receives property for a long time favorable conditions, subject to the absence of a change in a number of conditions of important tenant;
• Obtaining direct material benefits from an asset that requires additional expenses;

Disadvantages of PPa

Disadvantages:

• The assignment of rental rights becomes a separate business, and attractive objects begin to grow in price;
• Sale of rental rights as a business gives rise to competition between those who want to get a tempting object;
• The owner of the object may agree on sale under the condition of increasing rent;
• The risk of acquiring a problem object due to the hidden deficiencies and respond to them in front of the property owner;
• The assignment is possible only with the consent of the property owner;
• The need to spend money on the notary (if the initial contract was issued with him) and re-registration (if the initial contract was registered);
• Recognition of the lease agreement invalid leads to the recognition of invalid and transfer rights;
• There are some difficulties in connection with the preparation of tax reporting and tax calculation that will need to be paid in the future.

Required documents

What papers are needed, is solved by what object is transmitted. If the earth, then:

1. Copy of the passport;
2. Copy of power of attorney (preferably notarial);
3. Initial contract;
4. The consent of the ownerowned by the object;
5. The consent of the bodyresponsible for the transfer of rights to state or municipal property;
6. Treaty on the sale (assignment of rights to the object);
7. Act of reception object;
8. Consent Spouse (if the property is considered common);
9. The consent of the pledgee (in the case of the burden of the site);
10. Power of attorney representative;
11. Copies of the Organization's Charter and Documentsconfirming the right of the director or otherwise signed to conclude a transaction.
12. Rental of agricultural land It is allowed to agricultural producers, and the sale of the lease is permitted by an organization engaged in the relevant activity;
13. Purchase of property rental rights that requires licenseallowed if there is a license from the buyer of law. The lack of a license makes the transaction invalid.

The complexity and volume of documentation differ. One thing to render the right to rent a small shop, and another enterprise, where only the transmission act is a multi-page document with a detailed description of the property.

Originals of documents brought to registration, copies are assigned to employees of the service. If the "State Service" site is used, electronic copies are certified by a digital signature. The final design procedure still has to bring paper to check.

Important! If the design is done via mail, all copies are certified by the notary, and the signatures are also wedge.

What should be paid attention to the signing of the contract?

The terms of the contract must be carefully negotiated in advance. The discussion is fixed in the correspondence, approval protocols, and is often used in court in the case of a dispute. If we talk about state or municipal property, the conditions are always tight, the subject of negotiations are or a term or price. The price, however, is also rigidly adjustable.

A similar matter if the object is in private property, it is possible to negotiate anything about anything, however, the rules for licensing or the use of property are not excluded only for limited purposes.

The assignment of rights is just the transition of rights and obligations from one person to another, so it is necessary to trace the following so that significant adjustments are made to the contract:

• The subject of the contract is desirable to carefully rewrite or it must contain a reference to carefully developed applications with the description;
• Who is responsible in the event of a rental debt;
• Questions of responsibility for violations of the contract found after the sale of lease rights;
• Is it laid in the contract the possibility of its continuation after the expiration date.

The assignment agreement lies with the former tenant, so it should be calculated possible optionsassociated with the results of its activities.

It is worth noting! Assignment of rights also entails tax consequences. The buyer takes into account spent spending as other reasonable expenses, because Directly counting them into expenses are not allowed. The seller of law counts the result as the realization of rights, which leads to the obligation to pay income tax.

Dates and price of PPA

1. The term is usually limited to the duration of the initial contract.but may be extended or renewed depending on the initial conditions;
2. The price of the contract - Depends on the value of the object (real estate one prices, cars - others).