What is nud property and what rights does the owner of a nud have?
![Что такое собственность нуда и какие права имеет владелец нуда?](https://cdn.hatamatata.com/pic/blog/4183/JI3LmuNovGv5Mqjpa5t8n4KDtOf1JrWRtK27a1iR.webp)
Naked ownership is a legal concept related to the ownership of property. The term is commonly used in inheritance or endowment situations where ownership is shared between the bare owner and the user, balancing ownership with the benefits of the asset. Before considering using or engaging in transactions involving naked ownership, it is important to understand how this type of ownership works. We will also explain the legal and practical issues that arise when determining who owns a residential property.
Prepared property
Prepared property is a person's (naked owner) right to a thing that he or she''is the sole owner, but without the right to its possession and use, which belong to a third party who has the right of use. In other words, ready ownership refers solely to the ownership rights to the thing in question, in our case a residential house, and does not include any right to use or enjoy that residential property.
Purchase on ready-made property
The most common way to acquire ready-made property is to inherit the property for the surviving spouse with the right of use. It is also common to acquire ready-made property through a donation with the right of use, in which the donor gives the ready-made property to the recipient but keeps it for himself''a lifetime right to use the property. Another case may be the sale of a ready-made property by the owner of a residential house with the use retained. People who choose this solution are usually elderly persons who have no heirs or need additional financial resources. In this way, they secure the use of the home, usually for life, and receive financial compensation.
The rights of the naked owner
Let's list the rights of a naked owner, given that they have no authority over the dwelling:
- Property rights: The naked owner has ownership of the dwelling house, although, as we have already mentioned, he has no right of use and''use.
- The right to sell the ready-made property: He may sell the ready-made property to a third party, but always with respect for the users' rights.
Paying taxes when selling on a ready-made property
How is the sale of prepaid property taxed when the user of the right-of-use is subject to income tax? If the right-of-use user has reached''s age 65 and the property to be sold is his or her primary residence, he or she is completely exempt from paying taxes on the income tax return, so no taxes need to be paid to the IRS.
If the property is a second home, the sales tax will be included on the income tax return, unless the money received from the sale is used to purchase life annuity insurance.
How is naked property taxed under the naked owner income tax? The law warns that naked owners are not taxed, but the one who has the right of use and enjoyment is liable to pay taxes.
Real estate, on''where the naked property is located is not taxable in the income tax return, although the naked owner must mention the object in the return and indicate in the code the possession of the naked property, but not the right of use and enjoyment.
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