Features of drawing up a gift agreement
There are two types of gift agreement (hereinafter referred to as DD): real and consensual. In the first case, the transfer of property is implied immediately after signing by the donor and the recipient; in the second, a promise of gift agreement is drawn up, and the recipient will be able to use the gift only after some time or upon the occurrence of a certain event.
In both cases, the parties bear certain costs for:
- consultations;
- drawing up a deed of gift;
- notarization (optional or when required);
- re-registration of ownership of real estate.
Below we will consider what can be given as a gift under a DD, when notarization is required and how much money you will have to spend when contacting a notary, lawyer or MFC.
See also:
- How to draw up a contract of promise of gift in the future?
- How to draw up a real gift agreement?
How the price of the service is formed
Refusal from privatization can cost varying amounts of money. It all depends on the following factors:
- Where does the citizen decide to apply : to a private or public notary office, to a private lawyer. Prices are lower in government establishments. In private offices, services are more expensive, but you can make an appointment and not wait half a day in line. Lawyers working privately charge less money than private notary organizations.
- Scope and complexity of work : you just need to certify the document or also draw up a waiver and submit it to the relevant authorities through a specialist. In the latter case, financial costs will be higher.
- How urgently do you need to issue a waiver ? For urgency you will have to pay a large amount of money.
- In which region does the citizen live ? In the capital, St. Petersburg and other large cities, prices for legal services are higher than in sparsely populated areas.
- Notary's qualifications and experience . The more experienced and popular the specialist, the more his services will be valued and cost more.
What can you give under a gift agreement?
According to the DD, a person has the right to donate any property that he owns: a house with a plot of land, an apartment, a share in the ownership of real estate, a car or other vehicle, money, etc.
“Intangible” donations are also allowed:
- the right to claim debt from a third party;
- assumption of debt obligations by the donor from the donee to a bank or individual.
Important! Compliance with the form of the contract is required. The transaction is formalized in writing when a legal entity gives a gift worth more than 3,000 rubles, transfers a gift of real estate or promises a gift in the future.
Art. 574 Civil Code of the Russian Federation “Form of gift agreement”
See also:
- How to draw up a deed of gift for an apartment?
- Drawing up a donation agreement for a house and land
- How to donate a car under a contract?
Requirements for donors and recipients
The main condition for completing a transaction is the legal capacity of both parties. If the donee is declared incompetent or has not reached the age of 14, legal representatives accept the gift on his behalf; the consent of the guardianship authorities is not required.
Children over 14 years old can give gifts according to the DD - they sign on their own, but with the consent of their parents.
One thing is required from the recipient - consent to accept the gift.
See also:
- Rights and obligations of the parties to the gift agreement
Drawing up a gift agreement: how to draw up a deed of gift correctly and what documents will be needed?
How to formalize the donee’s refusal of a gift agreement correctly?
When is a visit to a notary required?
A deed of gift does not always require notarization.
It is only necessary to contact a notary in a few cases:
- a legal representative acts on behalf of the donor or recipient by power of attorney;
- the subject of the transaction is a share in the LLC, if it is alienated not in favor of the other owner;
- the donee receives a share in the ownership of the property.
It is worth considering that when alienating a share in an apartment, land plot or private house, the consent of the remaining owners is not required.
An exception is the donation of property acquired during marriage: the donor must obtain notarized consent from his spouse before signing the DD. If this is not done, the spouse will be able to challenge the transaction within 1 year after learning of the violation of his rights.
Reason: Art. 35 RF IC “Ownership, use and disposal of common property of spouses”
See also:
- How to properly draw up a gift deed without a notary?
- The procedure for registering a deed of gift between spouses
Forced collection of alimony by agreement
A notarized agreement guarantees the payment of alimony on the terms that are specified in it for both the payer and the recipient. Failure to fulfill obligations entails various types of liability, depending on the specific circumstances:
- a person who maliciously evades paying child support may be deprived of parental rights;
- administrative - imposing a fine for failure to fulfill alimony obligations;
- criminal - for long-term guilty evasion from fulfilling alimony obligations (concealing income, providing fictitious documents).
The advantage of a notarial alimony agreement is its enforceability. If the types of liability listed above are associated with going to court, then the defaulter’s property liability occurs immediately. The recipient of alimony can provide the agreement to the bailiffs to initiate enforcement proceedings at the payer’s place of work to ensure monthly payments.
All listed organizations are required to accept the document for execution. In this case, the claimant will need to notarize the required number of copies of the agreement.
Where can I get a deed of gift and how much does it cost?
You can draw up a deed of gift yourself and submit documents to Rosreestr if real estate is being donated and notarization is not required.
If desired, the parties can contact a notary or lawyer if they want to make the procedure as safe as possible and reduce the chances of challenging the DD by third parties. Legal advice: if possible, it is better to have the contract certified by a notary, even if this is not required by law. This approach will protect the rights and interests of both parties.
Cost of notary services
Let's look at the prices of notaries for different categories of services:
| Service | Cost, rub.) | Installed by |
| DD certificate is mandatory | 0.5% of the transaction value, minimum 300 rubles, maximum 20,000 rubles. | clause 5 clause 1 art. 333.24 Tax Code of the Russian Federation |
| Certificate of spouse's consent | 500 | clause 6 clause 1 art. 333.24 Tax Code of the Russian Federation |
| Certificate of gift for movable property (optional) |
| Art. 22.1 “Fundamentals of legislation on notaries” |
| Certificate of DD of real estate, if a signature is not required by law |
To other persons:
| |
| Submitting documents to Rosreestr for registration | For free | Federal Law dated August 3, 2018 No. 338-FZ |
| Preparation of contract | From 5 000 | Determined by regional notary chambers |
| Consultation | From 3 000 |
An example of how much it will cost to register a DD with a notary:
A woman transfers to her daughter an apartment purchased during marriage. Cadastral value – 5,000,000 rubles. The consent of the spouse is required, notarization is at the request of the parties.
Consent will cost 500 rubles.
How is the notary fee for certifying a transaction calculated:
5,000,000 x 0.2% = 10,000 (floating part)
10,000 + 3,000 (fixed part) = 13,000 rubles.
7,000 was paid for drawing up the DD.
Total: 20,500 rub.
Benefits when contacting a notary
Certain categories of citizens can receive discounts from notaries on state fees:
Article 333.38 of the Tax Code of the Russian Federation “Benefits when applying for notarial acts”
- disabled people of groups 1 and 2 – 50%;
- public organizations of disabled people - complete exemption;
- representatives of municipal and state authorities – 100%;
- individuals upon alienation of emergency housing subject to demolition - 100%.
Important! To confirm your preferential status, you must provide a certificate of disability or other document depending on the basis for the provision of the benefit. However, legal and technical services will have to be paid in full.
Cost of legal services
The services of a lawyer will cost less than a notary, but are determined by the internal price list and are not regulated by law:
| Name of service | Price, rub.) |
| Drawing up a deed of gift | From 1 500 |
| Collection of documents | From 1 000 |
| Submitting an application to Rosreestr | From 800 |
If the DD requires notarization, this is paid separately in accordance with the established tariff or state duty.
Cost of registration at the MFC
The MFC also has private lawyers, and the prices are approximately the same as those presented above. But the donee will have to pay a separate state fee for re-registration of ownership.
See also:
- State registration of a gift agreement through the MFC or Rosreestr
- How to issue a deed of gift for an apartment through the MFC?
What is included in the text of the alimony agreement
- Information about the parties (receiving and paying alimony) indicating full names, passport details, registration at the place of residence.
- Information about children (other persons) for whose maintenance alimony amounts are paid.
- The amount of payments as agreed (for minor children cannot be less than the amount provided by law).
- Frequency and term of payment of maintenance, method of payment (transfer, postal order).
- The procedure for indexing alimony (if it is not specified, then the general rule applies: in accordance with the increase in the cost of living).
- Duration of the agreement, procedure for its extension (change). If it is not defined in the document, then the payment of alimony stops, in particular for children, upon reaching the age of majority or in connection with the death of one of the parties to the agreement.
- Responsibility for late payments in the form of a fine, penalty (penalty) or compensation for losses by providing certain property.
Personal income tax on gift
Personal income tax of 13% is paid by the recipients, because The property received is legally considered profit. If real estate is transferred under the DD, the calculation is based on the cadastral value.
Close relatives of the donor in whose favor the property is alienated are exempt from taxation:
- spouses;
- children (natural and adopted);
- parents;
- full and half brothers, sisters;
- grandmothers, grandfathers;
- granddaughters, grandchildren.
The 3-NDFL declaration must be submitted to the tax authority by April 30 of the year following the date of the transaction. Taxes are due by July 15th.
See also:
- Tax return when donating property
Procedure for drawing up a donation agreement
To register a deed of gift, citizens need to perform several steps:
- Agree on the terms of the deal. The recipient has the right to refuse the gift at any time before delivery, so his consent will be required.
- Decide who will draw up the deed of gift: a notary, a lawyer, or draw up the document yourself.
- Agree on the date and time of signing the DD. The presence of both parties is required. If the donee or donor cannot come, you will need a power of attorney certified by a notary.
- Sign the deed of gift at the appointed time with a lawyer or notary.
Art. 573 of the Civil Code of the Russian Federation “Refusal of the donee to accept a gift”
If real estate is alienated, documents for re-registration to the new owner can be submitted at a notary's office. If desired, the parties can visit the MFC or Rosreestr and leave an application there.
Contents of the agreement
Let's look at a sample deed of gift for an apartment and understand the main content of the document.
Sample deed of gift
When registering a DD it is indicated:
- Full name, passport details, registration addresses of the parties;
- date, time, place of detention;
- address of the notary office, full name notary (for certification);
- information about the gift: address, area, year of construction, etc.;
- details of the power of attorney (if executed by a representative);
- the donor's intention to give the gift free of charge;
- signatures of the parties.
Documentation
The list of documents depends on the property being transferred. You will definitely need passports, and for a child under 14 years old - a birth certificate.
The rest of the list looks like this:
- a document confirming the grounds for the origin of the donor's property rights (sale and purchase agreement, certificate of inheritance, etc.);
- extract from the Unified State Register of Real Estate;
- PTS, STS (in case of alienation of a vehicle);
- cadastral passport.
Note! It is not necessary to provide a receipt for payment of the state duty - employees of all departments check information about the receipt of funds independently through the internal system. But to avoid problems, it is better to take it with you to confirm the fact of payment if necessary.
State duty
When visiting Rosreestr or the MFC to register a new property owner, a fee of 2,000 rubles is paid. (individuals). For legal entities the amount is higher - 22,000 rubles.
If a car is donated, the transfer of ownership is reflected in the title. The new owner only needs to register the car with the traffic police by paying 350 rubles. for making changes to a previously issued PTS, and 500 rubles. for issuing a new STS.
Legal advice: it is better to submit documents through Gosuslugi if you have a verified account. There you can pay the state fee with a 30% discount.
Calling a notary to your home to draw up a will - cost
If the testator is unable to independently contact the notary’s office due to his serious condition, then it is possible to call him to his home . The law does not establish the obligation of a notary to visit a home at the request of a person who is unable to move, so not all of them can provide such a service.
There is also no additional state duty for exit registration. Notaries who provide such a service independently set the cost of travel to a citizen. On average its price is:
- 5000 rubles - when visiting individuals;
- 2000 rubles - when visiting disabled people.
Important
According to Part 4 of Art. 1127 of the Civil Code of the Russian Federation, if a citizen is in a life-threatening situation, intends to make a will, and there are persons who have the right to certify it without a notary, then they are obliged to take all possible measures to invite a notary to the testator, if possible.
Is it possible to challenge a deed of gift?
Cancellation of a deed of gift if there are disagreements between the parties is a problematic task. By mutual agreement, they can cancel the transaction before the transfer of the gift by formalizing an agreement with the DD.
Contestation is usually required if it is necessary to cancel the DD unilaterally.
This is possible for one of several reasons:
Art. 578 of the Civil Code of the Russian Federation “Cancellation of donation”
- causing harm to the health and life of the donor or his relatives by the recipient;
- dishonest attitude towards the donated property, entailing the risk of irretrievable loss if the gift is of non-property value to the former owner;
- intentional murder of the donor by the donee (disputed by the heirs);
- signing a DD under the influence of delusion, threats, blackmail, violent actions on the part of the donee.
The creditors of the donor conducting business activities can also cancel the transaction if it was completed 6 months before the citizen was declared bankrupt by decision of the arbitration court.
See also:
- How can you challenge a gift agreement?
- Is a deed of gift valid after the death of the donor?
Arbitrage practice
It is difficult to challenge a deed of gift, but with good legal support, the chances of a positive result increase, and this is confirmed by several decisions made in favor of the plaintiffs:
- Decision No. 2-55/2019 2-55/2019(2-775/2018;)~M-675/2018 2-775/2018 M-675/2018 dated June 17, 2021 in case No. 2-55/2019 ;
- Decision No. 2-44/2019 2-500/2018 dated June 28, 2021 in case No. 2-44/2019;
- Decision No. 2-768/2019 2-768/2019~M-272/2019 M-272/2019 dated June 28, 2021 in case No. 2-768/2019.
Important! If the court revokes the deed of gift, the defendant undertakes to return the gift to the plaintiff in its original form. If the gift cannot be delivered, you will have to compensate for its cost.
Real estate gift agreement: pros and cons
The main advantage of DD for relatives of the donor: having received the property free of charge, they will not have to pay personal income tax. Both parties are exempt from payment. If real estate is transferred under a purchase and sale agreement, tax obligations arise on the seller. But there is no point in trying to disguise a paid transaction as gratuitous - according to the law, it can be recognized as sham.
There are other advantages:
- there is no need to obtain the consent of the other participants in shared ownership: the preemptive right applies only to paid transactions;
- When alienated by a parent to a married son or daughter, the property becomes sole property and is not subject to division in the event of divorce.
The disadvantage of a gift is the prohibition on specifying counterclaims and conditions. You cannot demand money from the recipient under a gratuitous transaction or indicate that the gift will be received only after the death of the donor.
In the first case, the rules of purchase and sale apply; in the second, a will must be drawn up, not a deed of gift.
See also:
- The procedure for registering a gift for children
- Drawing up a gift agreement for parents
Lawyer's answers to frequently asked questions
What is the validity period of the deed of gift?
The donee has the right to re-register the property in his name within 1 year. If during this time the donor dies, the obligation to transfer the gift goes to his heirs. It is better to arrange everything as quickly as possible in order to avoid litigation with them.
Is gifting possible between husband and wife?
Yes. If property was purchased before marriage by one of the spouses, it belongs to him alone and there is no need to allocate a share for alienation. To donate common real estate, a preliminary allocation of shares will be required.
I want to donate a share in an apartment and a car that belongs to me. How to calculate expenses?
An agreement for the alienation of a share is subject to notarization, and a fee is paid here in accordance with the Tax Code of the Russian Federation. The DD for a car is not certified by law, but a notary fee is paid upon certification. The amounts for each gift are calculated separately.
What value of real estate is used when calculating the notary fee: market, cadastral or inventory?
Cadastral. You can find it on the Rosreestr website.
How is the deed of gift fee calculated at the notary when donating a share in real estate?
The calculation is based on the cadastral value of the share, and not the entire property.
Alimony agreement: payment of alimony without court
A notarial agreement on the payment of alimony is a civil contract that determines the size, form and frequency of alimony payments for the maintenance of a child (children) or other disabled family members. This method will significantly speed up the procedure for obtaining alimony without lengthy litigation.
In the vast majority of cases, an agreement is drawn up when deciding on the payment of alimony for minor children. However, the Family Code also provides for material maintenance obligations in relation to:
- one of the spouses (for example, caring for a child under 3 years old);
- adult children unable to work due to disability;
- disabled parents (other close older relatives).
According to the agreement between the parties, payment of maintenance can be made in any form: monthly or quarterly payments, in fixed amounts or as a percentage of income. If the agreement is not fulfilled, the alimony recipient has the right to present the document to the bailiff service for forced fulfillment of obligations.
It is necessary to keep in mind that the collection procedure (a percentage of the income of the alimony payer or a fixed sum of money paid at intervals, more often than once a month) may be different, however, the amount of alimony established by the parties when concluding an alimony agreement cannot be below the limit established by law. (Article 81 of the RF IC)
