How to properly draw up a real estate donation agreement?

A deed of gift is one of the ways an owner transfers rights to property to other people.

The subject of a transaction of this nature can be any material assets. Quite often real estate is given as a gift. Any person can act as a recipient. In this case, no restrictions are established by law. The decision about who to transfer the property to is made by the owner himself. At the same time, you can donate not only the entire housing, but also part of it, since a person may not own the entire premises, but only a separate room.

What is a gift deed?

A gift agreement (hereinafter referred to as DD) is a document confirming a gratuitous bilateral transaction, according to which one person (donor) undertakes to transfer to the second (donee) a valuable item, real estate, money or other item of donation free of charge. The specifics of concluding a contract are regulated by Ch. 32 of the Civil Code of the Russian Federation.

DD is needed if you are going to give:

• real estate: house, apartment, dacha, garage, other building;
• land plot;
• automobile;
• money;
• shares and other securities.

The main essence of DD from a legal point of view is confirmation of the grounds for ownership of property by another person. The agreement is used to re-register ownership. You will also need it to receive money from a bank account.

For jewelry, it is optional: for the recipient to be able to use them, it is enough to hand them over. But if you wish, you can also create a DD - this is not prohibited by law.

Legal advice: if you give a large sum as a wedding gift to your child, it is considered a shared gift. To ensure that the money remains with your son or daughter in the event of a divorce, draw up a deed of gift for it, and then it will remain his sole property (Article 36 of the RF IC).

Registration of deed of gift through MFC

MFC (“My Documents”) redirect documents to Rosreestr, rather than register them themselves, so the registration period in this case is a little longer (increases by 2 business days). However, in some regions Rosreestr does not accept documents directly. Then register online or contact the MFC.

It is important to consider the following rules:

1. Both parties must appear with a pre-assembled package of documents.

2. Don’t forget to pay the state fee in advance. Although it is not necessary to present a receipt, payment will be verified.

3. Before choosing a territorial department of the MFC, you should make sure that the service you need is provided there.

4. After the legally established period for registering the rights to the recipient has expired, you need to come to the MFC and receive a gift agreement, which already has a mark on the registration in Rosreestr, as well as other documents, in particular an extract from the Unified State Register.

Who has the right to act as a donor?

By law, to complete a transaction, the donor must meet several requirements:

• adult age, full legal capacity;
• existence of ownership rights to the item of donation;
• awareness of actions, normal mental health.

Important! It is not allowed to draw up a deed of gift while drunk or under psychological or physical pressure. Such an agreement is subject to cancellation in court.

Donation on behalf of a minor child

Separately, it is worth considering the possibility of making a transaction on behalf of a child or a person declared incompetent by the court. According to Art. 575 of the Civil Code of the Russian Federation, it is impossible to donate property on behalf of a child under 14 years of age - this is directly prohibited by law.

A minor aged 14 to 18 years can independently give things that belong to him, if their value does not exceed 3,000 rubles.

Gift deed for a room in an apartment, dormitory, communal apartment

How to draw up a gift agreement for an individual entrepreneur?

Benefits of a gift transaction

Like any transaction involving the re-registration of real estate, the transfer of a donated apartment is carried out by drawing up an acceptance deed.
At the same time, the donation procedure has both advantages and disadvantages compared to other transactions. The benefits of donation include:

1. Fast registration. If the value of the deed of gift is less than 3,000, the transaction can be concluded orally, without contacting a notary. If necessary, the agreement and transfer of real estate can be completed on the same day.
2. The share of the owner of the property can be gifted to any person, that is, the rule about the advantage of another person in acquiring it when selling it does not apply here.
3. The deed of gift, practically, cannot be challenged by a third party, since the owner is alive and is able to independently confirm his will. Even when faced with fraudulent schemes, the donor can challenge the deed of gift by proving fraud.
4. The gift agreement can be confirmed by a notary, which ensures the “purity” of the transaction.

Documents for registration of an apartment donation agreement

When concluding a donation agreement, you will need to present the following materials:

1. Donation agreement – ​​in 3 copies.
2. Petition of the parties to the state. registration of an agreement to transfer the right to own property.
3. Receipts confirming payment of state duty in the amount of 2,000 rubles.
4. Passports of the parties or other identification documents.
5. Tax registration certificate.
6. Certificates of title for living space.
7. A form certifying that the apartment belongs to the donor.
8. “OK” for the transaction of the donor’s spouse, certified by a notary or a certificate confirming his status as single.
9. Form from the BTI about the value of real estate.
10. Certificate of persons registered in the living space (from the house register). If children live there, permission from the guardianship structures will be required.

To enter into an agreement to donate living space, a minor will need to provide:

• Passports of an adult and a teenager (for a teenager under 14 years old - birth certificate).
• Marriage form from parents (or certificate of single status and alienation of apartment, certified by a notary).
• Certificates of title for living space.
• Housing appraisal document.
• Guardianship permission.

Registration of a donation agreement for living space in Rosreestr must be carried out within 10 days. If shortcomings are found in the documents, they are returned, with a time period provided to correct errors and re-send the documents to the registration structures.

Note. The recipient of the deed of gift, if he is not a close relative, will have to pay a tax equal to 13% of the price of the donated apartment. This rule also applies to children.

When is donation prohibited?

As mentioned earlier, it is prohibited to conclude a DD on behalf of a child and an incapacitated citizen.

The prohibition of donation also applies to other cases:

• in relation to employees of medical and educational institutions, if a valuable item is donated by a citizen receiving their help or services;
• legal entities cannot enter into transactions with each other;
• You cannot make gifts to citizens holding positions in municipal or state institutions if the transaction is related to the use of their official position.

Note! This prohibition in relation to civil servants and bank employees does not apply to cases of donation in connection with special occasions and other official occasions. However, at a cost of over 3,000 rubles. the gift is transferred by the employee to the body at the place of work on the basis of the relevant act, and is recognized as the property of the institution or department.

Conclusion: a gift agreement confirms the fact of transfer of property or valuables from one person to another and is concluded in writing. Giving on behalf of a child under 14 years of age or an incapacitated citizen is prohibited.

Features of a deed of gift for an apartment

A gift agreement is one of the grounds for the emergence of ownership of real estate. Such a transaction is bilateral in nature and to formalize it it is necessary to obtain the consent of the donee to accept the property .

The main feature of the deed of gift is its gratuitousness, i.e. the apartment must be transferred without establishing counter material claims to the donee, otherwise such an agreement may not be recognized as a donation . Donation of real estate is carried out between citizens (individuals) or, if one of the parties is a legal entity. There are also some restrictions according to which donation is prohibited:

• If the donor is a minor or incapacitated.
• To workers of social institutions in gratitude for their work.
• Civil servants.
• Between commercial organizations.

A donation agreement for an apartment for a minor can be drawn up with the permission of his legal representatives . For example, if real estate is donated by one of the parents, then the second has the right to confirm the legality of the transaction. If the parent is the only one, then the guardianship and trusteeship authorities should act as the child’s representative.

In the case of a gift of real estate, the recipient of the gift must pay personal income tax in the amount of 13% . The Tax Code establishes an exception for close relatives and family members. These citizens are exempt from paying income tax and reporting to the Federal Tax Service.

Do I need to have the gift deed certified by a notary?

To draw up a DD, certification by a notary is required only in a few cases:

• when sending documents for state registration by mail;
• transfer of a share in an apartment or house as a gift.

In other cases, notarization is not required, but if you wish, you can contact a notary or lawyers to receive qualified assistance.

Cost of notary services

Notaries, according to the established tariff, charge 0.5% of the cadastral value of the subject of the contract for certification.

For example, if an apartment is donated and costs RUB 3,000,000, the amount will be:

3,000,000 x 0.5% = 15,000 rubles. These are prices only for stamping and signing the document.

Drawing up a DD by a notary is paid separately, the amount will be from 5,000 to 10,000 rubles. depending on the prices established by the notary chamber of the region.

Everything is simpler with lawyers: they will competently make a deed of gift for only 2,000 - 3,000 rubles, and, if necessary, register it with Rosreestr if real estate is being donated.

Features of this type of transaction

Donating a room and shares in them has its own nuances that you should pay attention to before concluding a contract. Let's look at them in detail.

Shares

How to conclude a deed of gift for a share of a room in a communal apartment? Typically, such a gift is made to obtain registration for the recipient.

If a micro-share is issued, as a rule, it does not imply the right of residence . If the share is more than 1/3, the person who accepted the gift has the right to live there.

Donating a share usually does not require the consent of the other room owners. Often, the method of alienating an object by shares is used in cases where it is impossible to obtain consent for the registration of a relative or for the transfer of an object as a gift.

In the agreement for the transfer of rights to a share, it is important to indicate that it is not the whole room that is being given, but a share in it, and indicate its size.

Find out on our website about the procedure for donating a share of living space to a close relative, in particular about where it is best to formalize the transaction and how to draw up a gift agreement.

Dorm rooms

Pay attention to the following nuance - it must be privatized .

Privatization is usually preceded by the conclusion of a social rental agreement between the owner of the hostel and the residents.

Both of these agreements must be in your hands, and the rights to the property must be documented - by obtaining a certificate of ownership. The contract is completely similar to the standard one.

How to draw up a gift agreement: step-by-step instructions

The procedure for registering a gift agreement consists of several stages:

1. Coordination of the gift with the recipient. If desired, he can refuse the transaction. If the donation is made in writing, a written refusal will be required (Article 573 of the Civil Code of the Russian Federation). If the refusal causes damage to the donor, the donee undertakes to compensate it.
2. Drawing up a deed of gift. The parties have the right to do this independently or seek help from lawyers. Expenses are shared by agreement, most often the donor pays everything.
3. Payment of the state fee for registering the transfer of ownership of real estate. Rosreestr details for payment can be obtained on the official website, or you can pay online and print a receipt.
4. Re-registration of ownership. If we are talking about real estate, the personal presence of both parties at the MFC will be required. An application and other documents are submitted.
5. Obtaining an extract from the Unified State Register of Real Estate. In 2021, it is this that is issued instead of the standard certificate of title. The statement will reflect information about the new owner.

Note! If a representative is acting on behalf of the donor or recipient, the first step is to issue a power of attorney. It must be certified by a notary.

Legal advice: it is better to draw up a special power of attorney for a specific transaction. It must contain complete information about the subject of the donation and the parties. If you issue a general power of attorney without specifying the subject, it will be invalid.

Documentation

Lists of documents are divided into two types: those that the notary will need, and documents for re-registration of ownership of real estate.

In the first case, the following is provided:

Price

The fee is paid only when re-registering ownership of real estate - 2,000 rubles. If the recipient is a legal entity, the duty increases to 22,000 rubles.

According to paragraph 24, paragraph 1, art. 333.33 of the Tax Code of the Russian Federation, for the re-registration of rights to a land plot by an individual for individual housing construction, gardening, vegetable gardening, running a personal subsidiary plot, building a garage, only 350 rubles are charged.

Options

There are several options: you can contact a notary, enter into a simple written agreement, or draw it up at a real estate agency.

The MFC and Rosreestr also provide a service for drawing up a standard agreement.

Giving comes in different forms.

Unconditional and conditional, deferred and real, with certain restrictions on the donee’s rights or on the conditions of receiving a compensated gift. All these conditions must also be taken into account and stated in the agreement.

The most common is a real unconditional gift, in which the owner of the property gives it to another person without any compensation or special conditions for the use of the property.

If, for example, you want to maintain registration in this property , this point must be reflected in the contract. This point is a condition. The exact wording is as follows: you, on the condition of maintaining your registration, give citizen so-and-so your property.

Read our article about how to draw up a deed of gift with the donor’s lifetime residence.

He can live in it, run a household, register himself and register other people. He cannot discharge you without your consent.

If the donee violates the conditions, you can go to court and challenge the procedure, declaring it invalid.

Sample donation agreement for rooms in a communal apartment.

You can download a sample power of attorney for donating an apartment on our website.

Samples and forms of donation agreement

Features of the preparation and samples of DD depend on the subject of the donation and the parties involved in the transaction. Let's consider the main nuances in detail.

From a legal entity

Enterprises cannot give each other gifts under the DD, but such transactions with individuals are not prohibited. The same applies to donations to companies on behalf of citizens. You can donate a car, a building or part, money and other valuables, but only with the permission of the other LLC participants.

If the valuable property belongs to the company by right of operational management or economic management, the written consent of the owner will be required (Article 576 of the Civil Code of the Russian Federation).

What information should the deed of gift contain:

• name of institution, full name manager and representative acting on behalf of the enterprise in the transaction;
• FULL NAME. donee, passport details;
• details of the power of attorney;
• subject of donation: name, value, area, basis for the emergence of ownership rights;
• details of the decision of the meeting of founders, or the decision of the sole owner;
• date of entry into legal force, signatures of the parties.

Sample donation agreement from a legal entity: alt: Donation agreement from a legal entity

Donation of an apartment

If the donor is the sole owner and has reached the age of majority, the deed of gift for the apartment does not need to be certified by a notary. When donating common real estate between spouses, a preliminary allocation of shares will be required, because By law, housing purchased during marriage belongs to the parties in equal parts and is jointly owned.

What information will be needed to register a DD for an apartment:

• FULL NAME. parties, passport details;
• address, area, floor, other technical data of the property;
• details of the power of attorney (if any);
• the donor’s obligation to transfer property to the donee within the established time frame;
• liability of the parties;
• conditions and procedure for termination of the contract;
• date and signatures.

Sample apartment donation agreement: alt: Apartment donation agreement

Donation of a share of an apartment

Share of ownership means that the apartment belongs to the owner up to a specified size. He can give it to another citizen by having the DD certified by a notary. If shares are donated by all owners at once, notarization is not required.

Note! When making a gift, the priority right to transfer property to another owner of the property does not apply. This rule applies only to the sale of shares.

The deed of gift itself contains the same information as in the previous agreement for the donation of the entire apartment, but it is stated that only a share of the apartment is being donated.

Sample donation agreement for a share in an apartment: alt: Donation agreement for a share in an apartment

Donating a car

The owner of a car has the right to give it to another person at any time. If the car was purchased during marriage, the consent of the spouse will be required. A similar rule applies if the vehicle has several owners: despite the fact that it is registered in the name of only one person, ownership can belong to several.

What data will be needed when filling out the DD:

• Information about the parties to the transaction: full name, passport details, registration addresses;
• Information about the car: make, model, license plate, color, VIN, grounds for acquiring ownership (purchase, inheritance, etc.);
• Date of entry into force of the DD;
• The cost of the vehicle (for tax purposes).

The rights and obligations of the parties must be indicated, dated and signed.

Sample car donation agreement: alt: Car donation agreement

Donation of land

As in the case of an apartment, the transfer of a land plot as a gift will require the consent of the remaining owners if it is in common ownership. The sole owner has the right to act independently, without the participation of a notary.

For the deed of gift, in addition to information about the parties, you will need information about the plot:

• Address;
• Cadastral number;
• Square;
• The category of land to which it belongs;
• Details of documents on ownership.

Sample land donation agreement: alt: Land donation agreement

Donation of shares and money

Citizens have the right to give their company shares to other persons - both relatives and friends. The procedure begins with the signing of an agreement by the parties and ends with making changes to the register of shareholders.

The deed of gift states:

• Information about the document on the basis of which the donor is recognized as the owner of the shares;
• Par value, number of shares, delivery date;
• Duration of the contract, grounds for cancellation.

Sample share donation agreement: alt: Share donation agreement

Donation of a garage

If a citizen owns a garage, he has the right to donate it to another person under an agreement. It is important that the building is legalized. When building or purchasing a garage during marriage, you will need the notarized consent of the second spouse.

Note! Donation of a cooperative garage is possible only after full payment of the share. If a citizen uses a building under a lease agreement, donation as a gift is impossible even if the corresponding agreement is concluded for a long period - the right of ownership does not belong to him in any case.

Sample garage donation agreement: alt: Garage donation agreement

Giving in the future

You can give a valuable item not only upon signing the DD, but also in the future (contract of promise of gift), if you indicate a specific date in the contract. The transaction is possible in relation to any real estate, cars, securities.

Legal advice: in such an agreement it is recommended to specify the conditions for its cancellation before the end of the donation period. For example, at the request of the donor unilaterally. This will allow you to keep the property in case the relationship with the recipient deteriorates.

Sample future gift agreement: alt: Future gift agreement

From two donors

A DD on behalf of two persons is drawn up if they own one property by right of ownership: an apartment, a plot of land, other valuables.

What information is indicated in the document:

• Full name, series and number of passports, dates of birth, registration addresses of donors;
• Name of the subject of the transaction, technical data, information about documents confirming the right of ownership of the property;
• The effective date of the DD is from the moment of signing or on a certain day;
• Full name, passport details of the donee.

Sample gift agreement from two donors: alt: Donation agreement from two donors

Gift to a minor child

If the child is under 14 years old, the parents or one of them act on his behalf. Upon reaching the specified age, the child has the right to independently sign documents and make transactions, but with the permission of parents or other legal representatives.

However, a representative or parent does not have the right to donate children's property. This will worsen the financial situation of the minor.

You can give anything to a minor - there are no restrictions. The consent of the guardianship authorities is not required, because Here we are not talking about alienation, but about the acquisition of property.

Sample agreement of gift to a minor: alt: Agreement of gift to a minor

Important! You can also give a car to a child; the parents will subsequently register it in the name of the recipient. However, he will be able to use the car only after reaching the age of majority - before that, a driver’s license is not issued.

Donation of residential premises

In general, the procedure for donating a room does not differ significantly from the transfer of an apartment or homeownership as a whole. To do this, you need to collect some documents, then draw up and sign an agreement. Recipients can be any person. The owner can donate his room to either a relative or a stranger.

Relatives

Most often, relatives of the owner act as recipients of property.

However, donation of this category has its own distinctive features. In this case we are talking about the degree of relationship. It defines some of the nuances of giving. If the transaction is made between close relatives or family members, such as spouses, children, parents, adoptive parents, grandparents, grandchildren, sisters, brothers, including half-siblings, no tax will be paid. The type of property being transferred does not matter in this case. This rule does not apply to everyone else, provided that the subject of the gift is real estate, a vehicle, a share, a share, or shares. That is, transactions with the specified types of property are taxed if the parties are not relatives.

To third parties

Outsiders can also receive any material assets as a gift. You don't have to be a relative or family member to do this. The procedure in this case is implemented according to general rules. It should be noted that a transaction with a stranger is taxable if the gift is a vehicle, a share, a share, a share, or real estate.

Is a transfer and acceptance certificate required?

Unlike a sale or purchase, where drawing up a transfer and acceptance certificate is a prerequisite, this document is not required when donating.

However, its preparation will make it possible to confirm the actual acceptance of the donated property, and will subsequently help prove this in court if the donor dies and the donee does not have time to re-register ownership.

The obligation to make a gift or promise to give does not apply to the heirs of the donor. If he dies, the property under the DD is included in the estate, and without an act, confirming the actual acceptance and use will be problematic.

Do I need to pay taxes?

You will have to pay personal income tax of 13% on the gift received, because it is recognized as income, and the donee is recognized as the beneficiary. The exception is close relatives: no tax is charged from them.

Relatives include:

• children (including adopted children);
• parents;
• full and half brothers and sisters;
• grandmothers, grandfathers.

Other persons will have to pay tax.

Example:

A woman gave her friend an apartment worth 5,000,000 rubles. The donee must pay personal income tax of 13%, calculated from the indicated price:

5,000,000 x 13% = 650,000 rub.

Note! A declaration in form 3-NDFL is submitted to the tax office at the location of the gift by April 30 of the year following the reporting year, and the tax itself, after reconciliation, is paid by July 15.

How to challenge a gift agreement?

If desired, the donor has the right to challenge the gift agreement through the court if there are grounds:

• the DD was drawn up in the future, and before the document came into force, the financial condition of the donor had deteriorated, as a result of which the transaction would entail irreparable damage to him;
• the donee, after signing the DD, committed a crime against the life and health of the donor;
• the deed of gift was signed under the influence of psychological or physical influence on the part of the donee on the donor.

Challenging is carried out in the manner of claim proceedings in accordance with the norms of the Civil Code and the Code of Civil Procedure of the Russian Federation. The plaintiff will have to prove the existence of grounds. As evidence, you can use witness testimony, audio and video recordings, documents, etc. Based on the results of the proceedings, the court makes a decision.

If it is positive, after it comes into force, the plaintiff needs to pick up a copy and contact the authorized body to re-register ownership back to himself.

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