Model agreement for the donation of an apartment, 2021, 2021 - Agreement for the donation of real estate and other valuables

Apartment donation agreement

Moscow city, January 1, two thousand and nine.
We, citizen of the Russian Federation IVANOV IVANOVICH, born 01/01/1900, place of birth: Moscow, gender male, passport 00 11 123456, issued by the Department of Internal Affairs of the ______ district of Moscow on 01/01/2000, department code 000-100, registered at the address: Moscow, avenue, house, building, apartment, hereinafter referred to as the Donor , on the one hand, and

citizen of the Russian Federation PETROVA MARIA IVANOVNA , born 01/01/1900, Moscow, gender female, passport 00 11 123456, issued by the Department of Internal Affairs of the ______ district of Moscow on 01/01/2000, department code 000-100, registered at the address: Moscow, prospect , house, building, apartment, hereinafter referred to as the Donee , on the other hand, have entered into this agreement as follows:

1. IVANOV IVAN IVANOVICH donated free of charge to PETROVA MARIA IVANOVNA an apartment belonging to him by right of ownership, located at the address: Moscow city, street, house, building, apartment , consisting of 1 (one) living room, with a total area of 40.0 (forty point and zero tenths) sq.m., living area 16.6 (sixteen point six) sq.m.

2. The apartment at the above address belongs to the Donor by right of ownership on the basis of the apartment donation agreement dated 01/01/2000, registered on 01/10/2000. in the Office of the Federal Registration Service for Moscow for No. 000/111/2000-222, which is confirmed by the certificate of state registration of rights, form series 77 AA 123456, issued on January 10, 2000. Office of the Federal Registration Service for Moscow, as stated in the Unified State Register of Rights to Real Estate and Transactions with It on January 10, 2000. registration record No. 000/111/2000-333 was made.

3. The specified apartment is valued by agreement of the parties for the amount of 100,000 (one hundred thousand) rubles 00 kopecks.

4. I, PETROVA MARIA IVANOVNA, for myself an apartment located at the address: Moscow city, street, house, building, apartment , as a gift from IVANOV IVANOVICH - I accept.

5. The donor guarantees that he does not enter into this agreement due to a combination of difficult circumstances on extremely unfavorable terms for himself and this agreement is not an enslaving deal for him.

6. On the day of signing this agreement, the Donor was registered in the specified apartment - IVAN IVANOVICH IVANOV.

7. From the moment of registration of this agreement with the Office of the Federal Registration Service for Moscow, the Donee acquires ownership of an apartment located at the address: Moscow, street, house, building, apartment .

8. After the state registration of this agreement, the Donee assumes responsibility for paying real estate taxes, reimbursement of expenses for the operation of the apartment, the house as a whole, its engineering equipment and the local area by agreement with the operating organization, in accordance with the rules and regulations in force in the Russian Federation. Federations for state and municipal housing stock.

9. The transfer of the gift will take place after registration of this agreement in the Office of the Federal Registration Service for Moscow by transferring from the Donor to the Donee .

10. Contents of articles 131 “State registration of real estate”, 167 “General provisions on the consequences of invalidity of a transaction”, 209 “Content of the right of ownership”, 223 “Moment of the emergence of the acquirer’s right of ownership under the contract”, 250 “Preemptive right to purchase”, 256 “General property of the spouses", 288 "Ownership of residential premises", 292 "Rights of family members of the owners of residential premises", 420 "The concept of a contract", 421 "Freedom of contract", 450 "Grounds for changing and terminating a contract", 551 "State registration of the transfer of ownership for real estate", 572 "Donation agreement", 574 "Form of the gift agreement", 577 "Refusal to execute the gift agreement", 578 "Cancellation of the donation", 580 "Consequences of harm due to defects in the donated item" of the Civil Code of the Russian Federation, articles of the Housing Code of the Russian Federation : 30 “Rights and obligations of owners of residential premises”, 31 “Rights and obligations of citizens living together with the owner in residential premises belonging to him” - the parties are aware of the requirements of Articles 34 “Joint property of spouses”, 35 “Ownership, use and disposal of common property spouses" of the Family Code of the Russian Federation by the parties.

11. The Donor guarantees that before the conclusion of this agreement, the apartment alienated under this agreement has not been sold to anyone else, not given as a gift, not mortgaged, is not in dispute, is not under arrest or prohibited.

12. The costs of concluding this agreement are paid by the Donee.

13. This agreement contains the entire agreement between the parties with respect to the subject matter of this agreement, and cancels and invalidates all other obligations or representations that may have been accepted or made by the parties, whether oral or written, prior to the conclusion of this agreement.

14. The parties declare that their legal capacity is not limited, they are not under guardianship or trusteeship; due to health reasons, they can independently exercise and defend their rights and fulfill their responsibilities; do not suffer from diseases that prevent them from understanding the essence of the contract being concluded.

15. This agreement is drawn up in three copies, one of which is stored in the Office of the Federal Registration Service in Moscow, one copy is issued to the Donor and one copy to the Donee.

SIGNATURES OF THE PARTIES:

____________________________________________________________________________________________

IVANOV IVAN IVANOVICH

____________________________________________________________________________________________

PETROVA MARIA IVANOVNA

Download the document “Standard apartment donation agreement”

Tax issue

The donee receives income in the form of an apartment, therefore, after state registration of rights, he has an obligation to pay tax to the budget. The personal income tax rate is 13% of the apartment price. Only close relatives are exempt from the tax; the rest are required to submit a 3-NDFL declaration by April 30 of the next year and pay the tax by July 15.

The recipient performs tax calculations and all necessary actions independently. If you ignore paying the tax, the Federal Tax Service, upon learning about the transaction, will issue a tax demand. You will have to pay not only tax, but also penalties, as well as up to a 40% fine.

If the gift occurred between close relatives, there is no need to file a declaration and pay tax.

Is it necessary to apply for a deed of gift to a notary?

The gift agreement must be drawn up through a notary if:

a share in the right to an apartment is given;
an apartment belonging to a child (from 14 to 17 years old) is given as a gift.

In other cases, you do not need to contact a notary. The cost of notary services depends on the cadastral value of the apartment and the degree of relationship between the parties to the agreement. As a rule, notaries ask for certifying a transaction from 5,000 rubles, plus a state fee of 2,000 rubles is paid additionally.

The notary is obliged to transfer documents for state registration in electronic form free of charge through his own channels, that is, there is no need to visit the MFC after the notary’s office.

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Prohibition on donation

The Civil Code of the Russian Federation contains a number of restrictions on the conclusion of gift agreements, namely:

it is unacceptable to conclude a gift agreement on behalf of incapacitated persons, including minors;
It is unacceptable for teachers, medical and social workers to accept gifts of things worth more than 3,000 rubles if their relationship with the donor is due to the performance of their official duties;
The exchange of gifts between business entities is unacceptable;
It is unacceptable to give things as a gift to state or municipal officials if their connection with the donor is due to the performance of their official duties, except for the presentation of protocol gifts at official events. In this case, protocol gifts worth more than 3,000 rubles become the property of the state, that is, they remain forever in the organization in which the official worked at the time of receiving the gift.

Lawyer's answers to frequently asked questions

My parents want to give me an apartment. The apartment is registered in the father's name. Is my mother's consent required for donation?

If the apartment was purchased by the parents during marriage, the mother’s consent is required. Consent to donate an apartment must be certified by a notary.

The young man gave me an apartment. Do I have to pay tax?

If you are not a family member or a close relative of the young man, you will be required to submit a declaration to the tax office and pay 13% personal income tax.

Is it necessary to draw up a transfer and acceptance certificate when donating an apartment?

Drawing up a deed of transfer is not mandatory, but is used to confirm the fact of transfer of the gift by the donor and acceptance of it by the donee.

Is it possible to donate an apartment by proxy?

You can complete a donation transaction with the involvement of a representative. To do this, it is enough to issue a one-time power of attorney granting certain powers. The power of attorney must be notarized.

Apartment donation agreement between close relatives - sample and form for 2021