What if you find a treasure?
hide this little secret and rejoice!)))
A treasurer has three options:
- to be a law-abiding citizen and hand over the find, for example, to a museum and don’t regret being left behind.
- not to tell anyone about the find, find out the value and sell it.
- keep to mind
If I had found a treasure that would be very valuable and would affect the change or duration of human history, I would not hesitate to give it to a special institution / service for the benefit of the development of history for the future generation, but if it was found it would not have special historical value or such good already in the museum, I would find a good buyer and sell it.
It all depends on what treasure you find and on your desire. By law, the treasure found must be transferred to the state to determine its origin and value, but there is always the desire and temptation to conceal and keep it. Therefore, you decide.
It all depends on the circumstances under which the treasure was found. In accordance with Article 233 of the Civil Code of the Russian Federation, a treasure is money buried in the ground or otherwise hidden or valuable items whose owner cannot be established or has lost the right to them by virtue of the law.
The found treasure comes into the ownership of the person who owns the property (land, building, etc.) where the treasure was found, as well as the person who discovered this treasure, in equal shares, unless otherwise agreed between them.
But if the treasure was found without the consent of the owner of the land or other property where the treasure was hidden, the treasure is to be transferred to the owner of the land or other property where the treasure was discovered.
Thus, if you find treasure on your land plot, then this treasure will go into your full property, not 25% of the value found. But there is one exception. In case the treasure is found, it will contain things that will be related to historical or cultural monuments, i.e. will have historical and cultural value, you will not see these things, because they are subject to transfer to state ownership. At the same time, the owner of the land plot or other property where the treasure was discovered, and the person who discovered this treasure, are entitled to receive together remuneration in the amount of 50% of the value of the treasure. If there are several persons who have found the treasure, then the remuneration is distributed between these persons in equal shares, unless these persons have entered into an agreement that establishes a different size of shares, as well as with the exception of situations where the person or group who excavated or searched values, carried out without the consent of the owner of the property, where the treasure was hidden. In this case, the treasure-hunter’s remuneration is not paid and goes to the owner of the property where the treasure was hidden. Establish the historical and cultural value of the found values, as a rule, museum workers. These rules do not apply if the treasure is found by persons who, according to their employment or official duties, do not have the right to carry out excavations and searches aimed at finding the treasure (for example, builders, workers during the construction of gas and water pipelines). For those who want to find the treasure and get it into their own property should be aware of the inadmissibility of the destruction or damage to monuments and structures of history and culture in order to search for or retrieve the treasure. It should also be remembered that no one has the right to carry out any excavations at archaeological and cultural sites, since even for archaeological surveys a special permit (open sheets) is needed, and for excavation even more so (this will qualify as black archeology). For such actions in accordance with Article 243 of the Criminal Code of the Russian Federation, a person guilty of excavating the destruction or damage of historical, cultural, natural complexes or other objects taken under state protection, as well as objects or documents of historical or cultural value is brought to criminal responsibility. The penalty in this case is a fine, or imprisonment for up to five years, entirely depends on the severity and circumstances of the offense.
As for taxation of the income received as a result of finding the treasure, then there are two options. If the treasure entered the property of the person who found it, then it will be necessary to pay tax on personal income, in the event that the treasure is transferred to state ownership, then the person who found the treasure receives a reward that is not subject to personal income tax in accordance with paragraph 23 Article 217 Tax Code of the Russian Federation.
According to the rules you need to pass the state. So shh .. Better to hide that you found it, keep it for yourself and be as careful as possible 🙂