As you know, under Art. 223 of the Civil Code the right of ownership in the acquirer of things under the contract arises from the moment of transfer, unless otherwise provided by law or contract. In cases where the alienation of property subject to state registration, ownership of the acquirer as of such registration, if the law does not establish a different order. The transfer of ownership together with the transfer of things – most common variant of the transfer of ownership under a contract of sale, supply and other contracts relating to the transfer of property. Edward Minskoff wanted to know more. However, Art. 223 of the Civil Code provides an opportunity to specify in the contract otherwise the transition ownership of the goods, for example, after the full payment. Since the date of receipt of income from accruals method regardless of the actual receipt of funds in payment for goods is the date of implementation, determined by the time of transfer of title (Sec.
1, Art. 39 Tax Code), the condition of the agreement on transfer of ownership of the goods to the buyer after full payment allows the taxpayer in determining the tax base account received in payment for goods in cash when the remaining unpaid portion of the cost of goods is small compared to the value of all goods. Analysis of judicial practice to apply the above standards showed that the judiciary is not a unified approach to estimating the time of transfer of title to the goods, other than the transfer of the thing itself. For example, considering one of these cases, the court concluded that the parties' agreement on the transfer of ownership to the buyer the goods when full payment does not reflect their actual attitudes and actual financial and economic performance, and ownership product was transferred to the buyer after putting it to the carrier for delivery to the buyer. Moment of transfer of title to real estate acquired an excellent interpretation of the Civil Code in the Letter from the Ministry of Finance, the 26/10/2005, which states that seller of real estate becomes obligated to pay tax on profits from the transfer of property to the buyer under the act (bill) acceptance and transfer of fixed assets, regardless of the date state registration of rights to immovable property and transactions with it. It does not take into account the norms of civil law (to make a single state. Registry entries rights of ownership to the buyer acquired by the property owner of the property continues to be a seller), and rules of tax law (the absence of a transfer of ownership eliminates the possibility of recognition of of implementation, which is not the transfer of property, and ownership of property). Motives for Ministry of Finance in this matter are clear – to accelerate the process of taxation of income from the sale of immovable property but in this case it is necessary to apply the concept of transfer of ownership on the basis of its regulation in civil law, so as not to violate the integrity of the system of rules governing the institutions as public and private law.