When is a donation agreement required to be certified by a notary and how much does it cost?

Ask a question Order a service

Notarization of donation agreements for apartments, plots, houses and other objects of movable or immovable property or property rights ensures that these documents are correctly drawn up from the point of view of Russian legislation. The notarial form of the agreement in these cases is not always mandatory - sometimes a simple written form is sufficient. But if you want to be confident in these documents, then contact the notary Yuldasheva T.V. - in her office you can certify the deed of gift before its registration at the cost established by law.

When should you contact a notary?

Notarization of a gift agreement (hereinafter referred to as DD) can be mandatory or by agreement of the parties. In the latter case, it means affixing the signature and seal of a notary, when this is not provided for by law, but the owner and the donee want to minimize the risks for themselves.

Mandatory certification of the contract is provided in several cases:

• Instead of the donor or donee, another person – a proxy – signs;
• a share in the authorized capital of the enterprise is alienated (except for cases when it is distributed among the owners);
• donation of real estate, if documents are provided by one of the parties by post;
• alienation of a share in the right of common ownership of real estate.

Case study:

The woman decided to donate her share in the right to an apartment purchased during marriage to her child. To do this, she agreed with her husband - his father. By law, spouses each own 50% of the right to real estate, but conditionally: in fact, shares are not allocated. To allocate shares, citizens drew up an agreement and registered everything with Rosreestr.

The donor became the owner of ½ of the right to the property and was able to give it to her daughter. The husband’s consent was not required after the allocation of shares, but the DD had to be certified.

Note! If the parties wish to change or terminate the deed of gift signed by an authorized lawyer, an agreement is drawn up. It also needs to be certified.

When is it not necessary to certify a deed of gift?

There are several situations in which a specialist’s signature is not required:

• movable property is donated: car, money, jewelry, etc.;
• the owner is an adult and the sole owner of the property.

Briefly: a certificate of gift is required if a share in the right of common property is alienated, the donor is a child or a person with limited legal capacity, or one of the citizens cannot be present in person.

Concept of donation

By virtue of a deed of gift, the donor transfers free of charge (real contract) or promises to transfer (consensual contract) a certain benefit to the donee in the future. According to typical characteristics, donation is a gratuitous transaction for the disposal of property. The donor acts selflessly .

Donation requires the agreed expression of will of the parties. This is its difference from a will (Article 572 of the Civil Code of the Russian Federation) and forgiveness of debt (Article 415 of the Civil Code of the Russian Federation).

Attention

A notary will not certify a transaction with the condition of consideration in the form of cash payment, reciprocal transfer of property, or performance of work.

The subject of notarized deeds of gift is usually land, real estate and vehicles.

It is possible to donate any property that is not limited in turnover (Article 129 of the Civil Code of the Russian Federation), for example: enterprises (Article 132 of the Civil Code of the Russian Federation), securities (Article 142 of the Civil Code of the Russian Federation), rights to the results of creativity (Section VII of the Civil Code of the Russian Federation).

The use of a contractual structure also allows you to:

• renounce the right of claim in favor of another person: the donor cedes to the donee the place of creditor in obligatory legal relations with the debtor (§1, Chapter 24 of the Civil Code of the Russian Federation);
• transfer a debt: with the consent of the creditor, the donor becomes a new debtor instead of the donee (§2, Chapter 24 of the Civil Code of the Russian Federation);
• relieve the donee of obligations to the donor.

Why do you need a notary?

The presence of a specialist makes it possible to reduce all risks for the parties, and in some cases, to protect citizens from unscrupulous people who want to dispose of their property without prior consent.

When working with people, a specialist performs a number of functions:

• establishes the identities of the parties: checks passports and other documents giving them the right to conclude an agreement;
• checks the legal capacity of persons or their representatives;
• checks the existence of ownership rights to the property alienated by the owner;
• checks the deed of gift for compliance with legislative norms;
• explains to citizens their rights and obligations, the nature and consequences of the transaction.

The donee and the donor sign the DD in the presence of a specialist. His signature confirms that at the time of signing the people were in an adequate state and were aware of the consequences of their actions.

Legal advice: even if a notary is not required by law, for your own safety it is better to contact one. The costs of certification are distributed by the parties independently by agreement, but usually everything is paid by the donors.

What can be the subject of a gift agreement?

When does the gift restriction apply and what does the donor need to do to complete the transaction correctly?

Parties to the gift agreement

A gift is a unilaterally binding contract. The donor may be the owner of the property or the copyright holder. Exceptions :

• a transaction relating to rights that the donor is likely to acquire in the future;
• with the consent of the owner, a state institution can donate property that it owns under proprietary right (Article 576 of the Civil Code of the Russian Federation).

Important

A legal entity as a bearer of special legal personality (Article 49 of the Civil Code of the Russian Federation) can act as a donor if this is expressly provided for in its constituent documentation.

Gift agreements in which both parties are commercial entities are prohibited

Only a legally competent citizen can be a donor of expensive property (Article 21 of the Civil Code of the Russian Federation).

Persons with limited legal capacity and minors over 14 years of age have the right small household transactions without the consent of parents or guardians (Article 30 of the Civil Code of the Russian Federation).

Minors have the right to donate funds from their earnings and dispose of intellectual property rights (Article 26 of the Civil Code of the Russian Federation).

Minors and incapacitated persons cannot be donors . Guardians of such persons have the right to make gifts at their expense worth up to 3 thousand rubles .

The law does not impose any special requirements on recipients. They can accept the gift themselves or through a legal representative.

Donations of more than 3 thousand . in favor of municipal and civil servants, employees of educational, educational and medical institutions in connection with their professional activities.

Price of deed of gift certificate

The cost of services depends on several parameters:

• whether identification is required by law;
• whether clients order additional services.

If certification is required by law, a state duty is established. In other cases, a tariff is paid.

Important! The fee or tariff is payable only for certification. If a person needs technical registration of a deed of gift, collection of certificates and other services, this is paid separately. The price depends on the price list established by the regional notary chamber.

If notarization is required

For transactions requiring mandatory certification, a fee is established in accordance with Art. 333.24 Tax Code of the Russian Federation:

1. 0.5% of the contract amount for the subject to be assessed. Maximum 20 thousand.
2. For transactions that are not subject to assessment - 500 rubles.

Cadastral or market value can be used for calculation. It all depends on the type of property being alienated.

If you don't need a certificate

If a specialist’s signature is not required, but citizens still want to protect themselves, a fee is established in accordance with Art. 22.1 “Fundamentals of legislation on notaries.”

The cost depends on the presence or absence of family ties between the owner and the donee:

• children (natural and adopted), parents, sisters, brothers - 0.3% of the cost, minimum 200 rubles;
• other people – 1%, from 300 rubles.

The specified rate applies to all gifts, except housing.

If real estate is donated, a different fee is established:

• gift value up to RUB 1,000,000. – 2,000+0.3%;
• from 1 to 10 million – 5,000+0.2%;
• from 10 million – 23,000+0.1%.

Briefly: if certification is not required, a tariff is paid. For transactions requiring a notary's signature, a state fee is established. The amount of expenses depends on the value of the gift and the family ties between the parties.

Average prices for technical services in major cities of Russia

How to calculate the fee or notary fee?

As mentioned earlier, the tariff or duty is calculated depending on the market, inventory or cadastral value of the “gift”.
The right to choose the cost from which the calculation will be made is given to the client. For real estate objects, the cadastral value is used by default. A specialist can obtain information about it from Rosreestr independently. Let's look at a few examples of calculations.

Real estate

If real estate is donated and the DD is subject to certification, a state duty is paid - 0.5% of the cadastral value.

Calculation example:

A man gives a share in an apartment, the cost of the share is 1,500,000.

1,500,000 x 0.5% = 7,500.

If it is not necessary to certify the DD, a fee is paid for certifying transactions the subject of which is subject to assessment.

Automobile

The transfer of a car as a gift does not need to be certified by law, but the parties have the right, by agreement, to contact a notary office, paying in accordance with paragraphs. 2 clause 1 art. 22.1 “Fundamentals of the legislation of the Russian Federation on notaries.”

Calculation example:

A citizen gives his wife a car purchased before marriage. The estimated cost of the car is 10 million.

How is the calculation made:

10,000,000 x 0.3% = 30 thousand.

If the donee were not the donor’s spouse, he would have to pay more:

10,000,000 x 1% = 100 thousand.

Cash

You can give money in Russian or foreign currency. In the latter case, the amount depends on the exchange rate at the time of the transaction. You do not need to certify the DD of money, but you can do this if you wish.

Here the tariff provided for the rest of the movable property is established. It depends on family ties.

Calculation example:

A woman gives her daughter money in the amount of 5 million rubles, the DD is verified. The following amount is paid:

5,000,000 x 0.3% = 15 thousand.

When concluding a DD with someone other than a relative or spouse, the fee is higher:

5,000,000 x 1% = 50 thousand.

Jewelry

Donating jewelry does not have to be done in the presence of a specialist, otherwise a fee will be paid for signing. The size depends on the value of the gift, as determined by the appraisal examination.

Calculation example:

A man gives his girlfriend an expensive piece of jewelry (3 million rubles), but they agreed that the DD should be certified. The owner pays:

3,000,000 x 1% = 30 thousand.

Registration procedure

Before taking the completed deed of gift to the registration chamber, it is necessary to collect the entire package of documents.

Having collected the necessary papers, all participants in the process must appear at the registration chamber.

There, the specialist, based on all the documents provided, draws up a statement, which is signed by all participants in the transaction.

In addition to the application, they sign receipts. In these receipts, the specialist confirms that he accepted the documents and their copies. Participants in the process confirm the submission of these papers with their signatures.

The application with copies of documents is taken for consideration. If everything is drawn up correctly and there is no reason to refuse to issue a deed of gift, within seven to ten days the participants receive copies of the documents back and the donee is given all rights to own the apartment (or any other property). These rights are confirmed by a certificate. The donor and other participants in the process receive copies of the agreement.

If it is not close relatives who want to formalize the transaction, the recipient, when taking ownership of the apartment, must pay a tax of thirteen percent of its value.

The term “close relative” means:

• Parents and children
• Grandparents and grandchildren
• Brothers and sisters
• Spouses

If the agreement is concluded between the above categories of people, no tax is paid. The only thing that people who are closely related pay is the fee for registration in the state registration fee. This amount is very small. Its size varies depending on the degree of relationship and the value of the transferred property. People who are not related or who are distant relatives, in addition to the tax, also need to pay this fee.

How to contact a notary for a certificate of gift: step-by-step instructions

The procedure for registration and certification of DD consists of several stages:

1. Collection of information for registration of DD.
2. Registration of deed of gift.
3. Payment of certification fee.
4. Submitting documents to the office.
5. Signing the DD.
6. Re-registration of ownership (in case of alienation of real estate or car).

Let's look at each step in detail.

Step 1: collecting documents

At the first stage, the donor needs to collect all the documents.

The list depends on what exactly he is going to give:

Important! Passports of the parties must be provided. If another person is acting on behalf of the donor or recipient, a certified power of attorney will be required. When alienating a child's property as a gift, permission from the guardianship authorities will be required, but in practice it is almost impossible to obtain it.

Step 2: drawing up a contract

The deed of gift is drawn up by individuals independently, but you can contact a notary office to draw it up. This service is paid separately from the state fee. The total amount of expenses may increase by 5-20 thousand rubles.

Sample donation agreement

There is no unified form of DD, but it must contain complete information about the transaction:

• Full name, registration addresses, dates of birth, passport details of the parties;
• information about the gift (item). For real estate: cadastral number, address, area, floor, etc. For a car: make, color, license plate, year of manufacture, VIN, STS series and number, etc.;
• the intention of the owner to transfer the gift to the donee free of charge;
• date of entry into force of the DD;
• signatures of participants.

The deed of gift is drawn up in four copies. One each remains with the donee and the donor, the third is transferred to Rosreestr to register the transfer of ownership if real estate is donated. The fourth is to be kept in the office.

Sample apartment donation agreement:

Step 3: payment for services

Depending on the nature of the transaction, a duty or tariff is paid. Payment details can be obtained from the office.

Money is deposited in any convenient way: online, using a terminal or ATM, or at a bank branch. After payment you should take a receipt.

Step 4: Submitting documents

You can take the documents to any notary office, regardless of the location of the property and the registration of the parties.

Legal advice: It is recommended to make an appointment in advance, otherwise you will have to wait a long time.

Step 5: Checking the Sides

During the inspection, the specialist will establish the legal capacity of citizens and check the information provided.

Step 6: performing notarial acts

If there are no comments on the DD and other documents, the specialist explains to people the consequences of the donation, their rights and obligations. After this, the donor and donee sign the deed of gift, followed by the signature of the specialist.

Step 7: registering a new owner

Since the fall of 2021, specialists have been sending information about the alienation of property to Rosreestr free of charge at the request of clients, and ownership will be re-registered upon request.

But the donee and the donor can refuse the services of a specialist and contact Rosreestr or the MFC independently, submitting the information listed above along with the DD.

Important! An application to Rosreestr is only necessary if real estate is being alienated. When alienating a car, it is enough to make changes to the title, then the new owner independently registers it with the traffic police.

State duty

For registration of real estate rights for citizens, a fee of 2 thousand rubles is established.

Enterprises pay more - 22 thousand rubles.

Legislative changes

In 2021, amendments to the legislation on the execution of gift agreements were adopted. There are now cases when registration of a deed of gift by a notary is mandatory:

• When registering a donation of a share in a common property apartment;
• When all participants formalize the alienation of their shares.

The exception is shares of land plots transferred as a gift.

Lawyer's answers to popular questions

My husband and I bought the car when we were married, and now we want to give it to our son when he comes of age. What will it take?

Both of you can act as donors, or get consent from your spouse and have it certified by the office. It will cost 500 rubles.

My ex-husband and I bought an apartment while married; after the divorce, we did not share the property. I live in an apartment. Now he wants to give his share to his ex-wife. They refused him, saying that everything had to be divided first. Is it true?

Yes. If you have not drawn up a marriage contract, you must divide the property by formalizing an agreement or going to court. Before division it is in joint ownership.

Are there any benefits when paying state fees to a notary?

Yes. According to Art. 333.38 of the Tax Code of the Russian Federation, complete exemption from state duty is provided to state or municipal authorities. Disabled people of groups 1 and 2 pay a 50% discount.

The donee and I ourselves drew up a deed of gift for a share in the property right, but the MFC refused to accept the documents, saying that we needed to contact a notary. Is this legal?

Yes, the demands of MFC employees are legal, because... alienation of a share requires certification.

The notary refused to accept us, was rude and did not explain the reasons. What to do?

You can request a written reasoned refusal from him, or immediately file a complaint with the notary chamber of your region.

Nuances of registering the transfer of rights to an apartment or share in an apartment

There are a number of nuances that make registration of a deed of gift with a notary mandatory, as well as his other actions:

• If the donor received this apartment while married, he must obtain the consent of his wife. Such consent must be certified by a notary;
• If a minor is involved in the deed of gift, then parents or guardians must sign it for him.

The process of signing a deed of gift requires indicating the cost of the apartment in the contract. The cost assessment is carried out by an expert and should not be underestimated.