What is a rent agreement from a legal point of view?
An annuity contract is an agreement in which an owner transfers his property to a person or organization in exchange for “maintenance.”
Maintenance refers to constant monthly payments in the form of a specific amount or other assistance - for example, cleaning the premises, delivering groceries, helping with walks. The meaning of the term “content” is determined by the parties to the contract before its conclusion; the conditions in each specific case may be different. The entire process is regulated by articles from Chapter No. 33 of the Civil Code of the Russian Federation.
The annuity is suitable for older people who, for some reason, do not have relatives or other means of financial support. For example, a pensioner can reach an agreement with a neighbor - he helps him with the delivery of groceries, cleans his home once a week, and takes him for a walk in the park every day. In return, after the death of the pensioner, the apartment passes to the neighbor.
An annuity is a rather complex legal instrument. When compiling it, it is important not to get confused in terms.
The rent recipient is the person who gave the apartment. For example, a pensioner who wants to get an increase in his pension.
The rent payer is the one who purchased the apartment.
The rent agreement must be certified by a notary - if this is not done, the court may declare it illegal and it will not be valid.
What kind of rent is there?
The law specifies three types of rent.
Life annuity
— money is paid throughout the life of the apartment owner, the contract terminates after death. Typically payments are made once a month. The amount of payments is no less than the subsistence minimum in the region, and if the minimum changes, then the payment also changes.
Only an individual can receive a lifetime annuity - the one who owns the apartment or another citizen at the will of the owner of the property.
Lifetime annuity with dependency.
This is a subtype of life annuity - according to such an agreement, it is necessary to provide for the needs of the annuity recipient in housing, food and clothing, care for him and, if agreed, pay for utilities for him.
In this type of agreement, the cost of this maintenance is determined - for example, to spend no less than the subsistence level in the region on the rent recipient. Or you can agree on a specific amount of money plus care and products.
Constant rent.
This is a complex legal instrument with many subtleties. The essence is this: the payer of rent payments enters into an open-ended agreement to pay a specific amount once in an agreed period, usually once every three months. For this, the payer becomes the owner of the property.
The recipient of a permanent annuity can be either an individual or an organization. The obligation to pay permanent rent is transferred to other people. For example, if a deceased annuity recipient has heirs, then you will pay this annuity to them.
To stop payments, the payor can “buy back the annuity”—that is, provide the recipient of the annuity payments with what is called a “written waiver of the annuity.” In fact, this is a way to buy out an apartment given for rent - after granting a waiver of rent, the payer must transfer money for housing to the rent recipient. The size of the ransom depends on the terms of the contract - check that it indicates a specific amount for the ransom. If this is not done, then the amount will be established by law - it is equal to the amount of annual rental payments and the market price of the property.
The permanent annuity agreement may stipulate that the right to redemption cannot be exercised during the lifetime of the annuity recipient.
To put it simply, the legal annuity options look like this:
- A life annuity is a popular form. You agree with a person that you will pay him a certain amount until his death, for which his property will become yours. Typically, this format is used by elderly single people who lack a pension.
- Lifetime annuity with dependents - you need to not only pay the person, but also take care of him, for example, bring food, buy clothes, take him to the hospital, and look after him if necessary. This annuity will be useful for older people who need care and physical assistance.
- Constant rent. Such an annuity is useful if a pensioner wants to be sure that a specific amount will eventually be paid for his apartment - the contract can set a specific purchase price.
No one can say how much rent payments will have to be paid. If you specify a specific period in the agreement, the notary may refuse to certify it, and such an agreement will not be registered in Rosreestr. An agreement with a specific term may be recognized not as a rental agreement, but as a purchase and sale agreement.
Also, a rent agreement cannot be free of charge - that is, you need to pay at least the subsistence minimum. If you make an agreement without a specific payment amount, it will also not be registered - because, in essence, it is a gift agreement, which means that the rules of the law on annuity do not apply to it.
This is what a life annuity agreement might look like
The annuity can be lifelong (its variety is the lifelong maintenance of a citizen with a dependent) and permanent. The rent agreement is drawn up in writing, signed by the parties and is subject to mandatory notarization. The essential terms of the contract are the amount of rental payments, the timing of their payment, liability for late payment, etc.
Rent agreement Under a annuity agreement, the annuity recipient transfers ownership of the property to the annuity payer, and the annuity payer undertakes, in exchange for the received property, to periodically pay the recipient annuity in the form of a certain amount of money or provide funds for its maintenance in another form (Clause 1, Article 583 of the Civil Code of the Russian Federation ). If the parties agreed on the payment of annuity for the life of the recipient, then such an annuity is called lifelong; if the annuity is paid indefinitely, then it is called permanent. A type of life annuity is the lifelong maintenance of a citizen with a dependent (clause 2 of Article 583 of the Civil Code of the Russian Federation). Only citizens can be recipients of a life annuity. This type of annuity is not inherited; obligations to pay annuity terminate with the death of its recipient (Article 596 of the Civil Code of the Russian Federation). Recipients of permanent annuity can only be citizens, as well as non-profit organizations, if this does not contradict the law and corresponds to the goals of their activities. The rights of a recipient of a permanent annuity can be inherited (Article 589 of the Civil Code of the Russian Federation). The rent recipient may transfer to the rent payer the property alienated for the payment of rent, free of charge or for a fee. In the second case, in addition to the obligation to periodically pay rent or provide maintenance, the rent payer must pay the rent recipient the amount of money determined by the agreement (clause 1 of Article 585 of the Civil Code of the Russian Federation). Rent encumbers the real estate transferred for its payment. In the event of alienation of such property by the rent payer, its obligations under the rent agreement are transferred to the acquirer of the property. The recipient of the rent, in order to secure the obligation of the rent payer, acquires the right of pledge on this property (clause 1 of Article 586, clause 1 of Article 587 of the Civil Code of the Russian Federation). Procedure for concluding an annuity agreement To conclude an annuity agreement, we recommend following the following algorithm. Determine the form and size of the annuity Currently, there are two types of annuity contracts that are most common: a life annuity contract and a lifelong dependency contract. In the first case, in exchange for receiving the property into ownership, the rent payer makes regular cash payments, in the second case, he provides dependent maintenance to the annuity recipient and (or) a third party (persons) indicated by him. The monthly amount of life annuity in case of alienation of property free of charge must be no less than the subsistence minimum per capita in the corresponding constituent entity of the Russian Federation, and in the absence of the specified value - no less than the subsistence minimum per capita in the whole of the Russian Federation (paragraph 1, paragraph 2, art. 597 of the Civil Code of the Russian Federation). The law establishes similar requirements in relation to the amount of permanent annuity (clause 2 of Article 590 of the Civil Code of the Russian Federation). The size of the lifelong or permanent annuity established by the contract at the level of the subsistence minimum per capita is subject to increase taking into account the increase in the corresponding subsistence minimum per capita (paragraph 2, clause 2, article 597 of the Civil Code of the Russian Federation). The monthly amount of lifelong maintenance with dependents upon alienation of property free of charge must be no less than two values of the minimum subsistence level per capita established by law in the corresponding constituent entity of the Russian Federation, and in the absence of the specified amount - no less than two values of the subsistence level per capita of the population as a whole for the Russian Federation. In this case, the contract must determine the cost of the entire amount of maintenance with dependents (clause 2 of Article 602 of the Civil Code of the Russian Federation). An agreement on lifelong maintenance with dependents may provide for the possibility of replacing the provision of maintenance with dependents in kind by payment of periodic payments in money during the life of the citizen (Article 603 of the Civil Code of the Russian Federation). Agree on the basic terms of the agreement and contact a notary. The parties to the agreement should agree on the amount of rental payments, the timing of their payment, liability for late payment (Article 588 of the Civil Code of the Russian Federation), as well as other conditions. If property is transferred for a fee, then the amount of monetary payment and its period should be determined. When concluding a lifelong maintenance agreement with a dependent, you must specify in detail exactly what services the annuity payer is obliged to provide to the annuity recipient (purchase of food, medicine, help around the house, care in case of illness, etc.). The parties may also provide for payment for funeral services in the contract (Clause 1, Article 602 of the Civil Code of the Russian Federation). If an agreement is concluded that provides for the transfer of a sum of money or other movable property against the payment of rent, then the essential condition is one that establishes the obligation of the rent payer to provide security for the fulfillment of his obligations or to insure in favor of the annuity recipient the risk of liability for non-fulfillment or improper fulfillment of these obligations (clause 2 of Art. 587 Civil Code of the Russian Federation). It is possible to establish a life annuity in favor of several citizens, whose shares are equal, unless otherwise provided by the contract. If one of them dies, his share passes to the other annuitants. Obligations to pay annuity terminate after the death of the last of them (Clause 2 of Article 596 of the Civil Code of the Russian Federation). The annuity agreement is drawn up in writing and signed by the annuity recipient and the annuity payer. The rent agreement is subject to mandatory notarization. The agreement is certified by a notary operating in any of the notarial districts located within the constituent entity of the Russian Federation on the territory of which the real estate transferred under the agreement is located (Article 584 of the Civil Code of the Russian Federation; Part 1 of Article 56 of the Fundamentals of the Legislation of the Russian Federation on Notaries). The state fee for certifying the annuity agreement is 0.5% of the agreement amount, but not less than 300 rubles. and no more than 20,000 rubles. (clause 1 of article 333.24 of the Tax Code of the Russian Federation). It should be taken into account that if the property transferred into ownership under an annuity agreement was acquired during marriage, then the consent of the spouse will be required to conclude an annuity agreement (Clause 3 of Article 35 of the RF IC). From 02/01/2019, after certification of the annuity agreement, the notary is obliged to send to Rosreestr an application for state registration of rights and the documents attached to it, provided that the parties to the transaction do not object to the filing of such an application by the notary (Part 2 of Article 55 of the Fundamentals of the Legislation of the Russian Federation on Notaries; h 3 Article 3 of the Law of 03.08.2018 N 338-FZ). The completed state registration of the emergence and transfer of rights to real estate is certified by an extract from the Unified State Register of Real Estate (Part 1, Article 28 of Law No. 218-FZ). If the contract was concluded before 02/01/2019, and also if you object to filing an application for registration of rights by a notary, proceed to the next step. Contact Rosreestr to register the transfer of ownership. To do this, you need to submit to Rosreestr, in particular, an application for state registration, a rent agreement and identification documents of the applicants (Parts 1, 2 of Article 14, Article 21 of the Law of July 13, 2015 N 218-FZ). Confirmation of state registration of the transfer of ownership is an extract from the Unified State Register of Real Estate, which can be sent to you in electronic form (Part 1, Article 28, Part 6, Article 62 of Law 218-FZ). Please note! If, under an annuity agreement with lifelong maintenance, real estate is transferred, the tenure of which is less than the established one, the amount of a lump sum cash payment is subject to personal income tax (clause 2 of Article 585 of the Civil Code of the Russian Federation; clause 17.1 of Article 217 of the Tax Code of the Russian Federation). The amounts of monthly cash rent received are also subject to personal income tax (clause 1 of article 224 of the Tax Code of the Russian Federation). The rent payer, having become the owner of real estate, must pay property tax on it (Articles 400, 401 of the Tax Code of the Russian Federation).
Can rent be cancelled?
The annuity agreement can be canceled through the court if one of the parties to the transaction has violated its obligations. Here are common reasons for cancellation.
The contract was signed fraudulently.
For example, the annuity recipient was misled about the terms of the contract, they promised one thing in words, but in reality they wrote something else into the contract. It is possible to cancel the contract for this reason if you prove the fact of fraud in court.
The annuity recipient is declared incompetent at the time of signing the annuity.
This is one of the main dangers of renting as a way to purchase an apartment. For example, a rent payer enters into an agreement with an elderly person and regularly pays him rent. Then the relatives of the rent recipient appear and show documents according to which the owner of the apartment has been registered in a psychiatric clinic for several years.
Through the court, such a transaction can be declared illegal, the apartment can be returned to the elderly person’s ownership, and the contract can be terminated. It is unclear who will return the payments, as the court will decide.
The rent payer does not fulfill his obligations.
For example, it does not transfer the payments promised in the contract for a year or more. Or does not fulfill obligations to support the annuity recipient.
The payer is declared bankrupt.
Accordingly, in such a situation, he does not transfer payments to the annuity recipient. The contract can be terminated through the court, the property will return to the ownership of the annuity recipient.
The annuitant does not have an obligation to return all payments unless ordered by a court. For example, you pay rent for 5 years, and then for some reason you cannot pay. If the contract is terminated, then no one will return payments for 5 years, and the apartment will have to be given back to the rent recipient.
How to protect yourself from rent cancellation
As a rule, single pensioners become annuity recipients. This is a long-term agreement under which you can make payments and take care of them for more than one year. Sometimes older people begin to feel that they are being deceived - they are paid too little, they are dishonest in their duties to help and bring them food.
The annuity recipient may try to terminate the contract through the court. This doesn’t always happen, but it’s worth insuring yourself against potential claims in advance.
- If the agreement only provides for the transfer of a specific amount, then try to do this by transfer to a card. Or record the transfer of money on video and ask the annuity recipient for a receipt.
- When you agree to help an annuity recipient, try to include a specific list of work in the contract. For example, go for a walk twice a week, bring groceries once a week, take you to the hospital for examination at least once a month.
- If the contract has already been drawn up, try to record the fact of work performed to care for the elderly person, walk in the same places where there will be witnesses. Keep all receipts, medical bills and other documents that support your expenses to the annuitant.
- Try to be on friendly terms with your neighbors - most likely, they will be called to court as witnesses.
The initiators of the cancellation of the annuity agreement can be the heirs and recipients of the annuity. For example, after the death of an elderly person, they will declare that the rent agreement is illegal, the pensioner was misled, and they have the right to an apartment. To cancel the contract, the heirs go to court. Usually in the lawsuit they claim that the elderly person was mentally ill and did not account for his actions.
To protect yourself from problems, you need to make sure of the legal capacity of the future annuity recipient before concluding the contract. To do this, ask him for a certificate from a psychiatrist stating that his mental health does not prevent him from entering into transactions with property.
If the heirs go to court, you need to enlist the support of a lawyer. As a rule, judges do not support such claims - the rent is registered in Rosreestr and becomes the property of the payer at the time of registration of the agreement. Therefore, real estate cannot be included in the inheritance - at the time of death it is no longer the property of the annuitant. And claims about mental incapacity are disputed by a certificate from a psychiatrist, if you received one in advance.
Lifetime annuity agreement sample
Date and place of conclusion of the life annuity agreement.
___________________________, hereinafter referred to as "Rent Recipient", ________ year of birth, passport __________________________________________, registered at the address: _____________________________________ _____________, on the one hand, and ________________________________, hereinafter referred to as "Rent Payer", _________ year of birth, passport _____________________, registered (a) at the address: __________________________, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement as follows:
Subject of the agreement
1.1. Under this Agreement, the Rent Recipient transfers into the ownership of the Rent Payer real estate located at the address: _________________, hereinafter referred to as “property”, and the Rent Payer, in exchange for the property, undertakes to periodically pay the Rent Recipient during his life (lifetime) an annuity in the form of a certain monetary the amount established by this Agreement.
1.2. The property belongs to the Rent Recipient by right of ownership, which is confirmed by an extract from the Unified State Register of Rights to Real Estate and Transactions with It dated “___”________ ___, N ______.
1.3. Characteristics of the transferred property:
property: __________________________________________________________ (indicate the type of real estate, area, individualizing characteristics, give a brief description).
1.4. The property is transferred to the Rent Payer free of charge within the period agreed upon by the Parties, according to the Property Acceptance and Transfer Certificate.
1.5. The rent recipient guarantees that until the moment of transfer the property is not encumbered by the rights of third parties, is not under arrest, and his rights to real estate are not disputed in court.
1.6. Along with the property the following are transferred:
- (documentation) _______________________;
- keys in quantity______ pcs.;
- _________________________________.
Rights and obligations of the parties
2.1. The rent payer undertakes to pay the rent recipient monthly (or: quarterly, annually) funds in the amount of ___________ (_______________) rubles (not less than the minimum subsistence level per capita established in accordance with the law in the relevant constituent entity of the Russian Federation at the location of the property (if there is no the corresponding subject of the Russian Federation of the specified value is not less than the minimum subsistence level per capita established in accordance with the law for the entire Russian Federation) per month).
The rent is paid by transferring funds to the account of the Rent Recipient specified in this Agreement (clause 5.5 of this Agreement) within the period of __________________________________________.
2.2. The rent payer has the right to early transfer funds in payment of rent to the account of the rent recipient both for one period and for several periods.
2.3. The rent paid to the Rent Recipient by the Rent Payer encumbers the property transferred under this Agreement. In the event of alienation of property by the Rent Payer, its obligations under the Rent Agreement are transferred to the acquirer of the property.
When the Rent Payer transfers property encumbered with rent into the ownership of another person, this person bears subsidiary liability with the Rent Payer for the claims of the Rent Recipient arising in connection with the violation of this Agreement.
Obligations of the annuitant
2.4. The rent recipient is obliged to warn the rent payer about hidden defects in the transferred property.
2.5. The rent recipient, in order to secure the obligations of the rent payer, receives the right of pledge on the transferred property.
2.6. Accidental destruction or accidental damage to property transferred for payment of rent in accordance with this Agreement does not relieve the Rent Payer from the obligation to pay it on the terms provided for in this Agreement.
2.7. All costs for notarization of this Agreement, as well as for state registration of the transfer of ownership of the property transferred under this Agreement, are paid by the Rent Payer.
2.8. This Agreement may be terminated in cases provided for by the current legislation of the Russian Federation.
Responsibility of the parties and ensuring the fulfillment of the obligations of the rent payer
3.1. The Party that fails to fulfill or improperly fulfills its obligations under this Agreement is obliged to compensate the other Party for losses caused by such failure.
3.2. In case of non-fulfillment or improper fulfillment by the Rent Payer of clause 2.1 of this Agreement, he shall pay the Rent Recipient a penalty in the amount of ___% of the unpaid or untimely paid amount for each day of delay.
Dispute Resolution
4.1. All disputes and disagreements that may arise between the Parties on issues that are not resolved in the text of this Agreement will be resolved through negotiations on the basis of the current legislation of the Russian Federation.
4.2. If settlements are not resolved through negotiations, disputes are resolved in court in the manner established by the current legislation of the Russian Federation.
Final provisions
5.1. This Agreement comes into force from the moment of its notarization and is valid during the life of the Rent Recipient.
5.2. The transfer of ownership of the property transferred under this Agreement by the Rent Recipient to the Rent Payer is subject to state registration.
5.3. This Agreement has been drawn up in 4 copies , one for each Party, for the notary and for the body for registration of rights to real estate and transactions with it. Each copy of the Agreement has equal legal force.
5.4. An integral part of this Agreement are the annexes:
- Cadastral passport _________________ (other document).
- Certificate of title _______________ to property.
- The act of acceptance and transfer of property.
City (village, town, district, region, region, republic). Date (day, month, year) in words.
This Agreement is certified by me (last name, first name, patronymic), a notary (name of the state notary office or notary district). The agreement was signed by the parties in my presence. The identity of the parties has been established and their legal capacity has been verified.
Registered in the register for N ________.
State duties collected (at the rate) ________.
Seal Notary Signature
How to draw up a rent agreement
Before concluding an annuity agreement, you need to discuss with the potential recipient all the subtleties and nuances of its contents, and discuss possible risks. It will be useful to establish friendly relations, because the payer can constantly communicate with the annuity recipient for quite a long time. No one can say how long the annuity contract will last.
To draw up a contract, it is better to involve a lawyer - he should analyze your situation and tell you where there may be “pitfalls” and what nuances to pay attention to. If in doubt, it is better not to agree to the deal.
Be sure to include these points in your rental agreement:
- Describe the subject of the agreement - the type of rent, the obligations of the rent payer. The more specific it is written, the better. For example, for an annuity with maintenance, instead of “maintain the recipient,” it is better to write “monthly transfer funds in the amount of the minimum wage plus provide medications prescribed by the doctor.”
- Description of the property. You can transfer for rent not only an apartment, but also any property, for example, apartments.
- For a permanent annuity agreement, indicate the annuity redemption price.
- Indicate the amount and frequency of payments - there should be a mention that the amount is not less than the minimum wage for the region.
- Add to the contract a condition for confirming completed duties. For example, if you agreed to pay a specific amount once a month, then add to the agreement that the annuity recipient then writes a receipt stating that the money was transferred to him.
The terms of the agreement can be changed after its conclusion - with the help of an additional agreement, if both parties are satisfied with the new clauses. The updated agreement must be certified by a notary.
List of documents for drawing up a rental agreement
To draw up a rental agreement you will need the following documentation:
- Passports of each citizen participating in the transaction.
- Title documentation for a real estate property, which is the basis for disposing of the property of the annuity recipient.
- Written and notarized consent to the disposal of property and the conclusion of an annuity agreement from the spouse of the annuity recipient.
- Extract from the Cadastral Service and technical papers for real estate.
- Extract from the house register.
- Certificate of bank details.
Let us remind you that you must submit the originals to the notary. He will check the data from the contract against them.
How to certify and register an annuity agreement
Rent agreements must first be certified by a notary. For this you need to pay a state duty - this is 0.5% of the contract amount, but not less than 300 rubles. and at least 20 thousand rubles. Since the specific price of the contract in the case of rent is not indicated, the cadastral value of housing is used for calculation. You can find out how much a particular apartment is valued at on the Rosreestr website.
The agreement can also be drawn up by a notary, but you will have to pay extra for this. In Moscow, such a service costs 6–12 thousand rubles.
To certify the contract, you need to come to the notary with a package of documents:
- passports of all participants in the transaction;
- an extract from the Unified State Register of Real Estate or a certificate of home ownership;
- a document indicating who is registered in the apartment and who has the right to use it - in Moscow this is a single housing document that can be obtained at the MFC; in the regions you need to contact the Criminal Code for extracts from the home book;
- annuity agreement.
The notary may request additional documents. For example, the consent of the spouse to the transaction if the annuity recipient is married.
Afterwards, the annuity agreement must be registered with Rosreestr. The documents can be handed over by a notary, then the registration process will take about 3 days. Or you can register yourself through the MFC - the period increases to 5-7 days. For registration you need to pay another fee - 2 thousand rubles.
What it is?
Lifetime annuity is a measure for the entire duration of a citizen’s residence. Only the owner who is the only one and in respect of whom there are no encumbrances or tax consequences has the right to sign. A sample agreement can be found on specialized websites that deal with registration.
In order to draw up an annuity agreement with lifelong maintenance under the Civil Code of the Russian Federation, you need to collect a package of documentation. This includes a floor plan, as well as a list or explication of all premises. You also need to take care of an extract from the Unified State Register. Not the last document will be a certificate from dispensaries confirming the absence of any drug addiction or psychoneurological abnormalities. But in this situation, you need to consider each point separately.
Briefly - how to conclude a rental agreement
- With the help of rent, you can purchase property in exchange for the obligation to maintain the former owner of the apartment. Maintenance means either payment of a specific amount monthly, or assistance in kind - for example, in the purchase of food and medicine until the death of the annuitant.
- The annuity contract can be canceled - for example, if the payer does not fulfill his obligations. In this case, the recipient will not return the payments, and the apartment will again return to his ownership.
- When agreeing to an annuity agreement, discuss all the conditions with the recipient in advance. You should discuss what specific assistance you will provide in exchange for the apartment.
- To conclude an agreement, contact a lawyer - you need to consider many nuances that depend on the specific situation.
- The contract must be certified by a notary - for this you will have to pay a fee of 0.5% of the cadastral value of the apartment.
- Then the agreement is registered in Rosreestr.
- If you have a rental agreement with maintenance, then the entire apartment becomes yours only after the death of the rent recipient. If the annuity is permanent, with specific payments, then the annuity can be redeemed by making a one-time annual payment amount, but not earlier than the period specified in the contract.
Is it possible to dispute?
Is it possible to challenge this kind of document? Questions of challenging such transactions are very rarely dealt with. But it can still be done. This usually occurs through legal proceedings when there are grounds.
The procedure will consist of four main stages:
- Submitting an application indicating the reasons. This may be a discrepancy in the form of the agreement. It is better to submit the paper for review to an experienced specialist who will assess your situation. If there are grounds, he will be able to provide assistance.
- The fact to be drawn up is mental incapacity. In this case, transactions of this kind cannot be carried out under any circumstances. The plaintiff must provide evidence in the form of a special document. Most often this is a psychiatric or neuropsychiatric examination.
- You can also challenge the transaction in a situation where you are sure that the rentee was misled. But this is very difficult to prove. Most often, the counterfeit is precisely the price indicated in the contract. If this is done correctly, you can invalidate the transaction.
- Failure to meet all criteria under the agreement is considered an option for challenge. Among them are late payments, reduced payments, and lack of assistance, if specified in the contract.
There are a huge variety of reasons. But, all of them need to be proven with documents. For example, if the payment was made by transfer to a bank account, then you can track the timing of receipt, as well as the amount of payments.