Как составить договор безвозмездного пользования нежилым помещением
Что такое безвозмездное пользование нежилым помещением? Безвозмездное пользование охватывает широкий круг отношений в общественной жизни.
Конечно, можно усомниться в том, что такие отношения возможны. Но представьте себе ситуацию, когда военторг занимает помещение на территории воинской части. В военторге организован пункт питания для военнослужащих. Воинская же часть бесплатно предоставляет в пользование, имеющееся помещение.
Сторонами в данном виде договора будут ссудодатель тот, кто передает существующее нежилое помещение в безвозмездное временное пользование и ссудополучатель, на которого будут возложены обязательства по возвращении помещения в неизменном состоянии, естественно, во внимание принимается износ. При необходимости состояние обусловливается отдельным пунктом. Например, можно договориться о том, что вначале потребуется какой-то ремонт.
Когда заключается договор безвозмездного пользования нежилым помещением
Однажды, у кого-либо возникают совместные интересы. Для их удовлетворения возможно заключение договора безвозмездного пользования. Основой таких отношений является установленное доверие и взаимная выгода.
Чаще всего договор, именно такого вида заключается между родственниками, один из которых имеет помещение, а другой занимается какой-либо деятельностью. Например, отец передал нежилое помещение своему сыну, который открыл там салон мебели. Отец не желает брать с сына оплату за предоставленное помещение. А у сына, таким образом, имеется документ-основание по которому он занимает нежилое помещение.
Главное здесь—это вопросы налогообложения.
Договор, по которому нежилое помещение передается в пользование без оплаты не требует, чтобы его зарегистрировали в гос. реестре.
Предмет договора безвозмездного пользования нежилым помещением
Нужно четко определить в каком виде и для каких целей использования передается в безвозмездное пользование нежилое помещение. Помещение должно соответствовать всем предъявляемым к нему требованиям.
Какая-то сторона должна взять на себя обязанность привести нежилое помещение под характер использования, если это требуется сделать.
Если нет другого уговора, то пользователю должны быть переданы документы на помещение о котором договариваются.
Налоговый кодекс, обязывает организацию сделать оценку, полученного в безвозмездное пользование помещения для включения в состав внереализационных доходов.
Есть необходимость истребовать у физического лица, получающего ссуду в виде нежилого помещения подтверждение на сбор и обработку персональных информационных данных.
Права и обязанности Сторон
Проводить действия, передавать и подписывать договор может владелец помещения.
Есть возможность сделать это улиц, обладающих полномочиями (нужно документальное подтверждение).
Эксплуатационные и содержательные расходы нежилого помещения возлагаются на собственника. Но также по соглашению все расходы или часть таковых может взять на себя ссудополучатель.
Обо всех имеющихся обременительных обязательствах (в т. ч. о правах третьих участников) ссудодатель сообщает в обязательном порядке, перед заключением договора.
Ссудополучатель при получении помещения в безвозмездное пользование, будет поддерживать его состояние, удалять неисправности, ремонтировать в текущий период и если понадобится, то провести капитальный ремонт.
Довольно забавно, когда владелец нежилой недвижимости и генеральный директор ООО в одном лице. Получается, он сам себе передает помещение.
Ответственность Сторон
Отвечает за скрытые недостатки ссудодатель.
Допустим, недостатки были указаны в договоре. Если такие недостатки можно было заметить, когда помещение осматривалось предварительно до заключения договора. Тогда, передающий нежилое помещение освобождается от несения ответственности.
Пользователь несет ответственность, в случае гибели или повреждения нежилого помещения.
Такая ответственность предусматривается и в случае причинения вреда, полученного при использовании объекта, третьей стороне.
Не будет лишним внести пункт о непредвиденных стихийных бедствиях и подобных обстоятельствах.
Разумно будет обратиться за услугами в страховую компанию.
Срок действия договора
О времени действия договоренности, стороны уговариваются заранее. Допускается совсем не устанавливать никакого срока.
Когда срок указан конкретно, за ссудополучателем остается право отказаться от договора в любо время, предварительно уведомив ссудодателя за один месяц.
Совершенно просто отказаться от договора, сделав извещение (письменное)за месяц, когда срок не определен.
Образец
Можно обратиться за бланком договора в юридическую контору, можно скачать в интернете, а можно постараться и составить его самому.
Договор безвозмездного пользования нежилым помещением должен иметь следующую структуру :
- Так называемая преамбула, где будут указано место, дата, стороны, заключаемого договора.
- Далее речь пойдет о предмете договора, с включением пунктов о том, какое помещение, кому принадлежит, документы на него.
- Не забываем определить права и обязанности сторон.
- Четко указываем цены и порядок расчетов.
- Во избежание споров разграничиваем ответственность сторон.
- Срок действия договора, устанавливается по желанию.
- Прочие условия, могут включать какие-то дополнительные пожелания и требования.
- Скрепляется договор указанием реквизитов и подписью сторон.
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