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“Aqd al-Hiba” in English translates to “Gift Contract” or “Donation Contract.” It refers to a contract where a person (the donor) transfers ownership of something without compensation to another person (the recipient), with the mutual agreement of the parties involved in the gift. This is typically done voluntarily and without any obligation for financial or other compensation.
Hiba from origin to branch
The Hiba editor must be a registered and impartial notary public. Voluntary relinquishment is considered Hiba and is registered as such. If the property subject to the Hiba has been transferred through a previous gift within the past five years, a proportional fee of 2.5% is imposed, especially for Hibas between spouses or between ancestors and descendants.
The registration fee is nominal for Hiba between spouses, ancestors (parents and grandparents), or descendants (children and grandchildren), currently set at 130 dinars.
The registration fee approximates (25% + 1%) for Hiba involving uncles, aunts, and their children.
The registration fee approximates (5% + 1%) for Hiba between siblings.
The registration fee approximates (35% + 1%) for Hiba involving non-relatives.
Multiple donors
- Definition: Multiple donor’s gift in real estate refers to the transfer of property from more than one donor to a single recipient.
- Legal Aspects: It is a legal process that requires the consent and signatures of all donors on the gift contract, which must be registered in the property registry.
- Tax Implications: The costs and taxes associated with multiple donors’ gifts may vary according to local legislation. Parties involved in multiple donor gifts should consult a legal advisor or lawyer to understand local tax and legal aspects.
- Beneficiaries: Multiple donor gifts can impact the rights and responsibilities of the recipient, including financial obligations or taxes related to the gift.
- Documentation: All documents related to multiple donors’ gifts must be accurately documented and registered to ensure the validity and legality of the transaction.
For accurate and comprehensive information on this topic, it is advisable to consult a specialized lawyer or real estate expert to provide appropriate legal advice according to local laws.
Conclusion
In conclusion, calculating and simulating the registration fees for a Hiba contract is essential to avoid surprises and ensure the safety of real estate transactions. Individuals and institutions intending to execute Hiba contracts should familiarize themselves with local regulations and consult legal and real estate experts to understand the necessary procedures and associated taxes. Legal fees play a crucial role in securing and organizing these transactions effectively and correctly.
What is the process for calculating registration fees for a hiba (gift) contract in Tunisia?
The registration fees for a hiba contract are typically calculated based on the value of the property or assets being gifted. The calculation takes into account the property’s market value, applicable tax rates, and administrative fees.
How can I simulate the registration fees for a Hiba contract in Tunisia?
To simulate the registration fees, you can use online tools provided by Tunisian authorities or consult with a local notary or legal expert who can help calculate the exact fees based on the value of the gifted property.
Are there any specific taxes applied to a Hiba contract in Tunisia?
Yes, a hiba contract may be subject to taxes, including a gift tax, depending on the value of the gift and the relationship between the donor and the recipient. The rates may vary based on these factors.
Are there any exemptions or reductions available for the registration fees on a hiba contract in Tunisia?
Certain exemptions or reductions may apply, such as for gifts between close family members. These exemptions can vary, so it is advisable to consult with a notary or legal professional to understand applicable discounts or tax relief.
