How to correctly draw up a deed of gift (donation agreement) for a land plot?

For everyone who is looking for the necessary legal information, today our team of lawyers will answer an interesting question for everyone - Donation of a Land Plot for Agricultural Purposes. We always try to update the necessary information so that there is only relevant information, but it happens that amendments are made to laws very quickly, so after reading you may still have questions, we will be happy to answer them in the comments or with the help of our legal partners online - on the website at convient time for you.

If the information was useful to you, share it on social networks. Before reading, I would like to immediately make a correction that this is not an expert opinion, but only what we use in our practice.

At the same time, first you need to understand whether the donee agrees to accept the real estate and the donor to give it away. Any coercion makes the legal relationship invalid and can be annulled in court.

Domestic legislation considers a land share as the right of a specific entity to a share in the common ownership of a land plot. having agricultural purposes. The owners of such shares, for the most part, are former employees of collective and state farms, during the reorganization of which the rights to the plots were allocated.

Donation of agricultural land

Donation, along with purchase and sale, lease, etc., is one of the types of transactions with land plots. The verb “to give” has a common root with the adverb “gift”. Encyclopedic Dictionary F.A. Brockhaus and I.A. Efron O.

When land registration is completed, the former owner loses the right to a garden, dacha or other plot. The donee becomes the owner of the property. However, the current legislation of the Russian Federation contains a number of conditions under which a transaction can be cancelled. The donor himself has the right to challenge the conclusion of the agreement. His demands can be satisfied if the citizen’s financial situation and health have deteriorated significantly.

The conclusion of a land donation transaction begins with the execution of an agreement. It is drawn up in writing and signed by the donor and the recipient. The deed of gift must contain a number of mandatory information. Their absence will lead to the paper being invalidated. The contract must describe in detail the subject of the donation.

Rules for drawing up a gift agreement

If additional items are missing, this will not be a reason for refusal of registration. Doing the paperwork yourself can be problematic. Experts recommend using a ready-made form. Agreements for donating a plot of land between relatives can be done online.

In practice, the owners of such shares are mainly former employees of collective farms or state farms, who were allocated certain plots after the reorganization of such enterprises. Basically, many of them rent out their land shares to other enterprises engaged in agricultural activities.

The concept of land share

1. gift agreement;
2. application for state registration in the specified form;
3. passports of the parties who entered into the gift agreement;
4. a document certifying payment of the state fee;
5. power of attorney, if his authorized representative acts on behalf of the applicant.

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How to draw up a gift agreement?

• carrying out land surveying and determining the possibility of allocating a share;
• allocation of a share as a separate land plot and obtaining a certificate of ownership of this plot;
• conclusion of a gift agreement and transfer of ownership of the newly formed land plot to a third party.

A gift agreement can be concluded not only by people with each other, but also by legal entities with people. Donations between commercial organizations are prohibited. Since organizations usually have professional lawyers who can draft a contract correctly, I will talk about a situation where one person gives something to another.

Does it make a difference what to give - a plot with or without a house?

During the transaction, the difference is whether the plot will be with buildings or without

there are none. However, at the stage of preparing documents, it will be much easier to prepare for transfer a site on which there are no buildings, since you will not have to prepare additional documents regarding each of them. In addition, buildings may be subject to encumbrances in the form of a ban on demolition or mandatory reconstruction.

If there are buildings on the site, in addition to preparing technical documents for them, you will also have to obtain the consent of the spouse (if any) to donate each piece of real estate separately.

In addition, when paying tax on a gift, you will have to pay not only for the land, but also for buildings (based on the cadastral value of each of them).

Another difference in donating a plot with and without buildings is that when the deed of gift is certified by a notary, the calculation of the latter’s services will be based on the cost of the plot. If there are buildings on it, this amount will be higher, and accordingly, the cost of the notary’s work will increase.

A sample agreement for the donation of a share of land and a share of a house can be downloaded here.

Land as a gift - what conditions are met?

• Contact from the buyer;
• Receipts for payment of state duty;
• Copies of passports from both parties;
• Agreement of the administration to transfer the site into the ownership of another person;
• Evidence of the fact of informing other owners of the land share;
• An agreement drawn up with the seller’s side;
• Agreement on the transaction of the legal spouse selling the land share;
• An act certifying the legality of rights on the part of the seller.

Sale or donation of agricultural land

land donation agreement To whom can a land plot be donated and to whom not? You cannot donate land if another person is against such a transaction - you have no right to forcefully give someone a plot of land. You may be wondering, who in their right mind would refuse free land? There are several significant reasons for refusal:

The owner of an agricultural land plot, which is part of shared ownership, can dispose of it in agreement with all its participants. This statement is valid provided that the number of owners of shared ownership includes more than five representatives (Article 14 N 101-FZ). At his discretion, the legal owner can sell, pledge, bequeath or donate the land.

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General basic information to enter into the topic

A deed of gift or a gift agreement - from a legal point of view, is an agreement under which one person transfers on a free basis (that is, without demanding or receiving property, money, rights or services in return) to another person certain property from his property.

The parties to a gift transaction are the donor (the one who transfers the property) and the donee (the one who accepts the property as a gift). The gift agreement is considered one of the safest, most effective and widespread transactions in our country. Why?

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

One of the reasons for this popularity, many lawyers believe, is the peculiarities of taxation when registering a deed of gift, the size of which for most transactions is 13% of the total market value of the gift at the time of conclusion of the agreement.

Moreover, if the giving and receiving parties are related, this tax is not paid!

Donation agreement

Land that is in shared ownership can be divided between its participants. To do this, they need to reach an agreement among themselves. Also, one participant may demand to allocate his share from the common property. If the participants cannot reach agreement among themselves on the conditions for allocating a share of agricultural land, then the owner of this share may demand through the court to allocate it in kind. If the allocation in kind is impossible by law, or because it causes disproportionate damage to the property of the common property, then the share must be paid in cash equivalent.

Features of donating agricultural land in shared ownership

Before a land plot is formed from a share, a land surveying project must be approved for it. The document can be adopted either by a decision of the participants of the common property at a meeting, or by a cadastral engineer who will prepare a project in the absence of a decision of the meeting.

As already said, according to Art. 130 of the Civil Code, a land plot is real estate. According to the provisions of paragraph 8 of Art. 2 Federal Law No. 302 dated December 30, 2012, mandatory state registration of real estate donation agreements was cancelled. However, this law did not abolish the need for state registration of rights to real estate, which is carried out in accordance with Federal Law No. 122 of July 21, 1997.

Conditions

The most significant condition is the gratuitous nature of the transaction , which must be clearly stated in the deed of gift.

You cannot demand any service in exchange for a gift, you cannot charge (even an extremely small) fee for it.

If the gift agreement specifies the conditions for receiving the gift, the transaction is considered invalid and loses all its legal force.

An equally important condition is the following: the transaction is voluntary, so both parties (donor and recipient) must agree. In particular, their agreement is formalized as a separate clause in the deed of gift and supported by signatures.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

Donation of land from agricultural land

Notarization of the share donation agreement is not mandatory , however, it will allow you to draw up the document correctly, as well as in accordance with Art. 163 of the Civil Code, will confirm the legality of its provisions, the validity of the intentions of the parties and the existence of their rights to conclude such a deed of gift.

State registration of land donation agreement

According to Art. 12 Federal Law No. 101 of July 24, 2002, without allocating a land plot on account of the share belonging to the owner, he can donate it under a gift agreement only in favor of another shareholder like himself, an agricultural organization or a member of a peasant (farm) farm, also having rights to a plot of land that is in shared ownership.

• sell it for a certain price;
• exchange for another property;
• transfer free of charge by inheritance or under a gift agreement;
• register a share as collateral or contribute as authorized capital when registering participation in a cooperative;
• lease under an agreement or transfer into trust management to other persons.

Arbitrage practice

Challenging a deed of gift for real estate is problematic: irrefutable evidence is needed that will convince the court that there are grounds to invalidate the transaction and return the donated property to the donor.

In most cases, the demands remain unsatisfied, but there are also examples of solutions where people managed to get the contract canceled:

• Decision No. 2-1209/2017 2-1209/2017~M-1163/2017 M-1163/2017 dated June 20, 2021 in case No. 2-1209/2017;
• Decision No. 2-1168/2017 2-1168/2017~M-818/2017 M-818/2017 dated May 29, 2021 in case No. 2-1168/2017;
• Decision No. 2-3103/2016 dated September 30, 2021 in case No. 2-3103/2016.

If you want to challenge the DD in court, you need to collect maximum evidence confirming the existence of grounds. But this does not guarantee a positive result - each situation is considered by the courts individually.

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When registering a deed of gift for a person who has family ties directly with the owner of the share, it is necessary to provide the relevant documents (the rule applies only to the first degree of relationship). In such cases, a birth or marriage certificate is provided.

Donation of agricultural land

• passport, identification code of both parties;
• document for ownership of land share;
• standard monetary value when donating a land share;
• decision of the board of trustees if the owner of the land is a minor under 18 years of age.

Is the consent of other shareholders required for this? Answer The procedure for allocating a plot of land as a share is carried out on the basis of Art. 13 Federal Law No. 101 dated July 24, 2002. According to it, you need to order a land surveying project from a cadastral engineer.

Donation of a share of agricultural land

Only after receiving a certificate of ownership and other title documents, in accordance with clause 2 of Art. 223 of the Civil Code, the donee becomes the full owner of the land plot. Conclusion Shares and plots allocated from them are very often the subject of a gift agreement, even despite all the difficulties of their civil circulation.

How to register a donation of land

To a third party If the owner wants to donate a plot of land or the entire plot to a third party, then this must be agreed upon with other land owners, if any. If there is only one owner of the share, then the donation procedure is simplified to the point of impossibility. All necessary papers must be signed and certified.

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You cannot donate land if another person is against such a transaction - you have no right to forcefully give someone a plot of land. You may be wondering, who in their right mind would refuse free land? There are several significant reasons for refusal:. Note that in this case, sales without separation are also permissible only among co-owners, and when concluding a transaction with one of them, it does not require notification of the others, since the pre-emptive right does not apply here.

Conclusion of a land share gift agreement This is the main distinguishing feature. According to Art. Is it possible to donate a land share? As it was found out earlier, agricultural land can be sold, leased, or inherited.

How to draw up a deed of land

In these situations, the contract is canceled and the existing deal is terminated. The statement of claim is often sent to court by the donor's heirs. They may demand that the agreement be cancelled. The donor must remember that he is responsible for the shortcomings of the land donated.

After all the documents have been reviewed (the authorized bodies are given a period of 10 days for this), the donation agreement will be signed directly by both parties, as well as the transfer of ownership will be formalized by the new owner receiving the relevant title documents.

About taxes

Donors do not pay tax, because... they transfer their plot to the donee without demanding anything in return. At the same time, they do not receive any income, and since there is no income, there is no tax.

If the donee received the plot from a close relative, there is no need to pay tax. If he did not receive it from a close relative, he must pay personal income tax in the amount of 13% of the cadastral value of the plot or share in it - clause 1 of Art. 224 of the Tax Code of the Russian Federation and clause 6 of Art. 214.10 Tax Code of the Russian Federation. For non-residents of the Russian Federation, the rate is increased - 30% percent (clause 3 of Article 224 of the Tax Code of the Russian Federation). For minor recipients, personal income tax is paid by their parents (guardian/trustee) - clause 2 of Art. 27 of the Tax Code of the Russian Federation.

Find out the cadastral value of land on the Rosreestr website - instructions with pictures.

For example, the cadastral value of a plot is 750 thousand rubles. This means the personal income tax will be 750 thousand * 13% = 97,500 rubles.

After registering the transaction, you must submit a tax return by April 30 of the following year. You must pay the tax by July 15, otherwise there will be fines and penalties.

For example, the plot was donated in 2021. This means that the donee must submit a declaration by April 30, 2021, and pay personal income tax by July 15, 2021. There will be fines and penalties even if they did not know about the tax or did not receive any notifications from the tax office.

How to make a deal and donate a share?

If we talk about financial costs when notarizing a contract, then the cost of notary services can range from 300 rubles to 2000 rubles, but should not be less than 0.5% of the cost of the site based on the cadastral valuation of real estate.

Does it make a difference what to give - a plot with or without a house?

In addition to civil legislation, the agreement for the gift of a share of a land plot or its share is also regulated by land legislation, which, however, as a possibility of transferring the right to use certain lands, only considers the option of renting, but makes the reservation that this method applies only to agricultural land , as well as allocated for individual residential construction.

Under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to himself or to a third party.

• Submit an application, signed copies of the deed of land and other documents, including a receipt confirming payment of the state fee to the specialists of the Registration Chamber or MFC.

Sample donation agreement for agricultural land

Donation of a share of an agricultural land plot A participant in shared ownership has the right to dispose of the land share at his own discretion in a different way only after the allocation of the land plot against the land share. (as amended by Federal Law No. 435-FZ of December 29, 2010) Transfer of a land share in the authorized (share) capital of an agricultural organization using a land plot in shared ownership into trust management, will, renunciation of ownership of the land share or the allocation of a land plot against a land share is carried out on the basis of documents certifying the right to a land share in accordance with Article 18 of this Federal Law, without state registration of the right to a land share arising as a result of the privatization of agricultural land. (as amended by Donation of land 572 Civil Code.

What sections should the contract contain?

The requirements for any agreement concluded within the framework of current legislation are the same regardless of whether the transaction is of a compensated nature (purchase and sale) or gratuitous (donation).

The basic information that should be reflected in the text of the contract in order to facilitate its conclusion, as well as minimize possible disputes based on the results of the transaction, include:

• Information about the place and date of conclusion of the agreement, as well as detailed information about the parties involved in the transaction (this information is necessary to facilitate the identification of the concluded agreement, and is also aimed at helping the relevant authorities resolve possible disputes regarding a specific property before or after the conclusion of the transaction) ;
• Detailed information about the object of the contract (this will include not only address characteristics, but also information about the area of ​​the site, the nature of the soil, as well as all the cadastral information necessary to identify a specific land plot);
• Conditions for the transfer of land as a gift or the complete absence of any conditions;
• Possible encumbrances imposed on the site not only by the donor and his family members who have the right to partially dispose of the property, but also by the state (for example, a ban on the construction of a residential building of a certain number of floors due to a possible violation of environmental legislation);
• Full details and personal signatures of the parties to the agreement.

A sample agreement for donating a share of a land plot can be downloaded here.

Only if all the listed information is present in the text of the contract, it will be considered valid, and the transaction resulting in it will be considered legal.

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