Treaty of donation of the garden land. Land Darius Treaty

28.08.2020 Landscape garden design

One of the options for transferring the land plot to relatives is to issue a gift agreement. This transaction has a number of specific features that allow you to replace the owner as simple as possible, but at the same time require some nuances that may affect further relationships.

Features of donation between relatives

The gift involves the transfer by one person to another person of a certain property at no cost, for example, a land plot. The gifted in this case receives income from the point of view of legislation, which is subject to taxation at a rate of thirteen percent. However, for the donation between close relatives, this requirement does not apply. According to the norms of law, close relatives include:

Spouses;
Parents;
Children;
Brothers and sisters;
Grandparents;
Grandchildren.

Expensive relationship is allowed, for example, consolidated brother and sister. In compiling a contract of donation, it is possible to specifically indicate a related relationship between the parties to the transaction, which will avoid further issues from the tax authorities.

It should also be remembered that the donation agreement is the only opportunity to convey its share in overall ownership without the consent of other owners. This is especially true when there are not quite favorable relations between the owners.

Sample of the contract of donation of the land plot 2016-2017

Dear agreement is definitely in writing. It is not necessary to assure it in the notary, if the land plot is given entirely belonging to the donor. In the event of a donation of share in equity ownership should be notarized notarized.

Durma must contain the following information:

FULL NAME. each of the parties;
Data on the transmitted area: Cadastral number, its area, location, etc.
Reference to documentary confirmation of the ownership of the donor to the site;
In the presence of certain encumbrances, they must be specified in the contract.

Also, the parties may indicate in the contract the cost of the site, in which case it makes sense to indicate not a market, but cadastral, since.

The contract must be drawn up in three copies: each side and for state registration authorities. Act of receiving and transmission, which necessarily provides or purchase and selling, in this case is optional, the parties can solve themselves, it is necessary or not.

The donation agreement cannot contain conditions that limit the transfer of the land plot as a gift. Since the deal is gratuitous, then the parties are limited mutual rights and obligations. The donel must freely transfer the land plot, and the gifted to accept it without any conditions. In case of disagreement of the gifted to accept the gift, the gift is not lied.

The gift enters into force from the moment of state registration of the transaction in the manner prescribed by law. The contract signed by the parties, which did not pass the State Registration, is invalid and does not generate the transition of ownership. In practice, there are often situations when the parties have concluded an agreement and believe that the transaction took place and the land received as a gift uses it at his own discretion, but from the point of view of land legislation there is no transaction, the transaction is actually used by someone else's property.

Tip:the law does not establish a deadline when the donation contract must be filed for state registration, but it is not worth tightening with this, and the point here is not only that the transaction is not considered to be concluded without registration, but also in possible changes in the legislation that will entail The need to redo the gift.

Denation of the land plot relative - Documents in 2016-2017

For registration of the contract of donation, the parties will need to prepare a number of documents. The donor is needed:

Passport;
Certificate of ownership of land plot;
Guidelines, such as purchase and sale agreement;
Cadastral plan.

Only a passport will be required, sometimes lawyers and notaries ask for more written consent to the adoption of the gift, but most experts agree that such a document is not needed, since the signing of the Darment Agreement is actually actually consent to the adoption of the gift.

Based on these documents, a donation is drawn up. This can make any lawyer, notary or parties independently using the sample.

When graduated, the parties need to sign it and submit the following package of documents to the Rosreestra authorities:

Donation agreement in 3 copies;
Passports of each of the parties;
Statement on the transition of ownership;
Receipt of payment of state duty;
Guide documents for land;
The notarious consent of the second spouse - if the land plot is joint property;
The ruling of guardianship authorities - if a minor acts as a donor.

To register a deal in the Roserestra, the presence of a donor and belonging or their representatives who have a notarized power of attorney with the authority to register real estate transactions.

The date of registration of the transaction may not exceed thirty days from the day following the presentation of the package of documents on the transaction. In the case of filing a notarized donation agreement, the registration period is reduced by an average of two times.

Consequences of domestic

After the state registration of the Darment Agreement, the donator loses all the rights to the land transferred to the gift, and the gifted becomes its owner. The legislation provides for the ability to cancel the gift only if after this transaction has a significant deterioration in the health or material situation. For example, a grandfather suffering from a serious pulmonary disease, lived in a country site, who presented his grandson, and is now forced to live in the city. As a result, his condition worsened, since, according to the testimony of doctors, he needs fresh air. This base makes it possible to cancel donation. The Civil Code of the Russian Federation in this case provides for the undisputed right of the donor to terminate the contract of donation. In practice, this termination does not do without a trial. In addition, a gift can be terminated through the court in the case of:

The attempts of the donor belonging to the life or his close relatives;
The gifted significantly worsens the state of the presented land.

In life, the second situation is most common, for example, giving up on a land plot intended for agricultural production and is a highly productive arable to build residential buildings with the aim. Often the misuse of land plots is associated with buildings on it. For example, a gifted can be rented for rent, and, for example, a barn will provide for accommodation in it and on the adjacent territory of the car repair shop.

In turn, the donator is responsible for the harm caused to life and health being believed as a result of a lack of a land plot arising before signing a gift. The exception is only those disadvantages that were known to the parties and are reflected in or in the contract, or in the act of acceptance and transmission.

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Darisal - a great option to transfer your land to close people with minimal troubles. To make her conclusion, do not even know what the USRP is or the procedure for determining cadastral value, it is enough to contact a lawyer or a notary, which will do everything you need. The advantage of this transaction are minimum costs in time and finance. Costs here will be required only for the services of a lawyer or notary, as well as the payment of state duty. The new owner does not need to pay the tax from the land of the land, as the donation between relatives is not taxable, regardless of how much land is worth it.

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By issuing the donation of the land plot, it is necessary to take into account the provisions of civil and land codes, the federal law "On the procedure for the state registration of rights to immovable property and transactions with it," and pay taxes in a timely manner.

Form of the Darment Agreement of the Land

The law requires the donation of real estate, in particular, and the land plot, was issued in writing.

This contract is notarized, this contract is not necessarily, the force is notarized - the same as in a simple written form.

But notarial can be convenient because:

certifying the contract, the notary will verify its legality, the correctness of the design, the right of the parties and other the necessary conditions;
may not only make the contract, but also competently compile it;
notary is responsible (material) for damage, which was caused by his wrong actions;
if the gift is notarized, the registration of property rights on it occurs significantly faster.

When the land plot is a joint ownership of the family, then its donation is possible only with mutual agreement of her husband and wife. Resolution from another spouse is required to assure notaries.

Taxes and duties for the gift of the land

National tax

The state duty must be paid for the registration of ownership of the area, which in the general case is 2 000 r.

The law also provides benefits for the payment of state duty. Fully exempt from her low-income citizens - for this they need to provide a certificate from the social protection bodies.

The payment details of the territorial separation of the Rosreestra for the payment of state duty are on the Rosreestra website.

Income tax of individuals

The law relates received gifts to income, and, therefore, the recipient of the gift must pay income tax individuals. When donating from a close relative, this tax is not charged.

Payable tax amount can be calculated:

at the cost of land, which is given in the domestic;
if the cost is not specified - according to cadastral value.

If the Tax Inspectorate considers that land assessment in the contract is underestimated, it can calculate the tax on cadastral value. If gifted does not agree with the assessment of the tax inspection, it can be challenged in court.

The tax rate is:

for residents of Russia - 13%;
for non-residents - 30%.

Ownership of real estate exists from the date of its registration, and this date recognizes the date of receipt of the income, on which the deadlines for submitting the declaration and tax payments are counted. If the earth was obtained as a gift - it is necessary to submit a declaration of income in the form of 3-NDFL.

Declaration is served by B. next year After donation, until April 30. For example, if the gift is decorated on 12/30/2018, and registered 21.01. 2019, then the declaration must be submitted until 30.04.2020.

It can be noted that the tax paid by the apparatable, above the tax, which would be paid by the donel when selling the Earth: at the same tax rate - 13% - the land-received land will pay tax with the full amount, and the seller - only with the amount over 1 million rubles .

Notary tariff

If the donation contract is notarized, the notary services must be paid. Tariffs for a notarized certificate of domestic defined by Art. 22 1 Fundamentals of legislation on notariate.
With the gift of spouses, children, parents, grandchildren (this list includes not all close relatives, but only named):

at the cost of a plot to 10 million p. - 3 000 r. + 0.2% of the cost under the contract;
for greater cost - 23 000 r. + 0.1% of the cost of 1 million rubles, but not more than 50 000 r. (that is, starting at the cost of 28 million rubles. And more tariff is a fixed amount of 50,000 p.);

Under the gift to other persons (including brothers and sisters, receiving children and receptions), depending on the assessment of the site:

up to 1 million p. - 3 000 r. + 0.4% of the announced value;
from 1 million p. up to 10 million p. - 7 000 r. + 0.2% of the cost over 1 million p.;
more than 10 million - 25 000 r. + 0.1% of the cost over 10 million r.; But if the site is located on the site, the tariff may not exceed 100,000 p.

For the assurance of the consent of the spouse in the gift of land, which is joint property, the tariff is 100 rubles.

In addition to the tariff for the certificate of the transaction, you may need to pay other services rendered by a notary, for example, the compilation of the draft contract. The size of the board for such services is established by the notary itself.

For compilation of the contract of donation, find out from the video.

Terms of domestic on earth and the procedure for its design

In the text of the gift must be:

surnames, names, patronymic, addresses and passport data of the parties;
cadastral number, location and plot area;
house or other buildings located on the site should also be listed in the contract;
if the earth is burdened by servitudes (that is, other persons can use in a limited volume - for example, for a passage, or by the site, electrical or other networks pass), they must be listed in the contract; If the site has other encumbings (for example, it is laid) - they should also be indicated in the contract.

The contract may be reflected that the donation takes place between close relatives (the contract will be valid and without this indication, but it will simplify the decision of the issue of taxes).

Denya - free, and the contract cannot include any counterfeit obligations - otherwise it will become invalid.

Durma must comply with the requirements for real estate registration:

there must be complete data on the sides of the contract and the site;
it should be clearly indicated that the donation is performed;
no corrections in the text are allowed;
you can not write a pencil contract.

Durd is drawn up in 3 copies. And one copy remains at the parties, and the third copy is transmitted to Rosreestr.

Registration of the Darment Agreement

Starting from 01.03.2013, no gift itself is registered, but the right of ownership that occurs in the gifted. Registration is made by the Rosreestra Regional Office.

Registration serves:

- application for state registration of ownership (one copy);

drica (3 copies);
receipt of the payment of state duty or certificate from the social protection bodies that the parties to the contract are poor;
documents defining the ownership of the site;
the consent of another spouse certified from the notary, if the land (or located on it buildings) - the joint property of the spouses;
permission to deal from the guardianship and guardianship authority, if the contract is a minor or incapable;
when, on behalf of the party, its representative is acting by proxy - a power of attorney issued to him and notary.

All documents, except for statements and contract, are submitted in two copies. After registration, the first copy (script) is returned to its owner.

Submitting documents to Rosreestr, you must also have passports with yourself.

Registration includes:

acceptance of applications and other documents from a person who receives the right to the site;
legal expertise of documents and verification of the rights to the site, including the rights of third parties;
making a record of ownership of the registry;
the mark on the documents submitted on the registration and issuance of the testimony.

Rosreestr registers land rights within 10 workers (not calendar!) Days from the day when the documents are accepted by the registrar. If the gift is certified notarized, this period is reduced to 3 days (Article 13 of the Federal Law No. 122-FZ dated 07.21.1997) - since it does not require a legal verification of the reality of the transaction.

Donation of land between relatives

Close relatives of the law (paragraph 18 of 1, Art. 217 of the Tax Code of the Russian Federation) recognizes:

children (both relatives and adopted);
parents;
spouses;
grandchildren;
grandfather and grandmother;
brothers and sisters.

The law does not provide for close relatives of any features of the contract of donation, except that a gift from a close relative is not subject to income tax. Accordingly, it is not required and declared it in the tax inspection.

Given the land plots in 2020 on the CC and GK

In Russian law, the ownership is distinguished:

on land;
on the buildings on the site.

At the same time there are two different cases:

buildings belong to the owner of the Earth;
land belongs to one owner, but the buildings on it belong to another person.

If the earth and the same man owns the land and buildings, these buildings and structures are necessarily included in the donation agreement, since Art. The 35 Code of the Russian Federation does not allow to transfer land without houses and other buildings, as well as the building can be alienated only with the Earth, on which it is located. Therefore, in the domestic on the site, the buildings are included on it.

When donating is prohibited

if the recipient of the gift committed a dangerous crime against the donor or close relatives of the donor: he caught their lives or caused them injuries;
in case of improper handling of a gifted gift having an intangible value for a donor, which threatens his irrevocable loss;
if the gifted will die earlier than the donor - but it should be clearly stipulated in the domestic one.

To apply to the court with the abolition of donation can not only a donor, but also other persons, in particular:

in the bankruptcy of an individual entrepreneur - his lenders, if the donations were performed for six months before bankruptcy;
the guardianship and guardianship authority, if donation violates the rights of a minor.

There are two ways of cancellation of domestic:

the recipient refuses to take a gift;

A competently compiled contract for the land plot will allow promptly and without unnecessary wires to give land. Russians have legal grounds for transferring their property to other persons. The land owned, you can sell, give or leave inheritance. In matters of turnover of real estate objects, which are landlines include, it is important how to arrange a gift for land. With incorrect drafting of the contract of donation or violation of the procedural procedure for registration, the transaction may be challenged or not at all. Today we have prepared a sample of the land contract for the land for 2020 and step-by-step rules and nuances of this procedure.

Determination of donation

Important! It should be borne in mind that:

Each case is unique and individual.
Careful study of the issue does not always guarantee a positive outcome of the case. It depends on the set of factors.

To get the most detailed advice on your own question, you just need to choose any of the proposed options:

The signing of the contract of donation, including land, implies the conclusion of a gratuitous transaction (Art. 572 of the Civil Code of the Russian Federation). There are two types of transactions: compensated and gratuitous. Their key difference in obtaining the current owner of the property of payment or other compensation for the transfer of ownership to another person. Also, what is purchased in gratuitous way is not included in the jointly acquired property of spouses (Art. 36 of the RF IC). Gratuitous transactions in the Russian Federation are donation and inheritance.

How to make a gift correctly. Algorithm actions.

The procedure for how to issue a contract for the land plot, similar to the gift of another immovable property. Schematically, the whole process can be divided into several stages:

Formation of intent to give property. Cancel decorated gift to Earth is almost impossible. It is necessary to clearly understand the consequences of the transfer as a gift of property. The recipient of the gift does not bother any obligations to the donor after the transaction is completed. The exception is the right of life living.
Assessment of the legal basis for the transaction. You can give only what is entirely owned. It is impossible to convey the leased property. However, it is possible to give a stake if the donor is the owner of a part of the site (Art. 576 of the Civil Code of the Russian Federation).
Collection and preparation of the required package of documents. The legality of real estate donation depends on the correctness of the preparation and design of the documentation base.
Drawing, coordination and signing of the contract. Earth's gift contract must be registered for transactions concluded before March 1, 2013 (Art. 574 of the Civil Code of the Russian Federation). At the same time, it is not necessary to certify the domestic non-notary. But if the donation occurs to a third-party person, or there is a risk of challenging the donation after the death of the donor by his heirs, then it is better to turn to the notary. So you can avoid the risk of cancellation of the contract due to the incapacity of the donor, input is misled or inability to realize and control its actions.
Registration of the transition of property rights is the last stage in the design of the domestic on the land. Real estate owner change is mandatory. Registration in Rosreestre is made.

In individual cases, it is possible to include additional items in the procedure. For example, if the property is in the joint ownership of spouses, it will be necessary to pre-conduct a section of it in marriage. If the land plot does not go into sole ownership, then it is necessary to obtain the consent of co-owners to carry out a transaction of donation. Failure to comply with these items can lead to the invalidity of the contract and the abolition of donation.

Restrictions in the right of donation

It is not enough to find out only what is needed for the domestic on the land. It is important that the donor is not limited to the right to make a deal.

Cannot be given:

incapable;
juvenile;
juvenile without the approval of the trustee;
shared owner without the consent of other shareholders;
the principal, if the power of attorney is framed in violation.

The law does not prohibit committing pressure by proxy. However, a restriction has been established. At the power of attorney, it is necessary to specify a trustee and the volume of gift. Description of the subject of the gift and the details of the representative must be fully indicated.

But only one right to transfer little to the gift. It is also necessary to have the right to get a subject of a gift from a gifted person. Civil Code establishes restrictions on the commission for different categories:

It is impossible to give property to a legal entity. At the same time, the donor can act a legal entity. But it is necessary to design a gift agreement in writing, regardless of the value of the gift (Art. 573 of the Civil Code of the Russian Federation).
Upon receipt of the gift by a juvenile citizen, the recipient under the contract can only be his legal representative. Minors admit persons under 14 years old (inclusive). The transaction is subject to a notarial certificate.
Can't be the recipient incapacitated citizen. But at the same time, his guardian or legal representative can get the property from his behalf.
It is forbidden to give land plot and other property more expensive than 3000 rubles. officialsIf their professional actions affect the events in the life of the donor. It is properly distributed to all levels of state and municipal employees.
The representative of a minor donor cannot act as a recipient. That is, the child can not give the plot to his parent. This is possible only after reaching it 18 years or in the case of emancipation.
It is not legally given to the medical, sanatorium educational or other institution, whose activities are related to the provision of services to the donor. The rule applies to situations where the relatives and members of the donor family are in the treatment, recovery, care or study.

In violation of legal restrictions and bypass prohibitions, the transaction of donation can also be considered invalid if the failure of the circumstances of the real situation will be proven. For example, if in order to gain benefits will be made by a relative of an official.

In addition to what is needed for the Darment Agreement on the land plot, in relation to the parties of the transaction, there are requirements and to the content of the contract or the very fact of registration of domestic. The transaction cannot wear a preliminary character, that is, to cover a different real deal. This can occur in order to avoid tax paying. When graduate covers buy-sell. Or, when the concept of donation and rent is replaced. The new owner of the property under the contract of donation is not obliged to perform actions to the donor, as when concluding the Rent Agreement. That is, does not pay money. Such a deal is insignificant due to the monitoring and canceled by the court on the suit.

It is allowed to make a gift to the ground in the form of a promise to give. However, this option cannot be interpreted as the promise to transfer property after death. Such an agreement is recognized by insignificant. For the transfer of property after death there is alternative view gratuitous transaction - testament. If the purpose of donation is the intention to avoid the transfer of property to mandatory heirs, then complete the donation is necessary during the life of the donor. Recall that the mandatory heirs get half from the standard share of inheritance, even if there is a testament. It is impossible to deprive their property with a fully will.

Documentary design

If the donor is confident in his intention to convey the property, the recipient agrees for it, and there are no restrictions on the parties or the subject of the gift, then you need to prepare documents for the donation contract for the land plot. So, it will take for the transaction:

dear agreement;
paper on earth;
passports of participants.

The list of documents on the land includes:

certificate of ownership;
cadastral plan;
data on the presence / absence of buildings on the site;
technical passport on construction, if available.

In the case when the right to land ownership occurred until 1998, other documents can be used instead of a certificate of ownership. Depending on the way to acquire a plot in the property, this may be:

inheritance certificate;
agreement on purchase and sale;
the contract of separation of spouses;
paper on the allocation of the plot in the property.

Documents for domestic land must be issued in accordance with current legislative and procedural standards at the time of their issuance or design. The donation contract itself must be compiled correctly, in Russian and minimum in three copies. Three copies should be identical in content, as they have equal legal force. Darment Agreement can be written by hand or using technology. Signatures of the parties on the contract are affixed with blue or purple paste. It is better to use ink or a ball handle.

How to issue a donation contract share of the land plot or all put on, citizens choose themselves. The least costly way to independently draw up a contract. In this case, it will be necessary to pay a duty for registration (no more than 2,000 rubles) and a gift tax. The tax is charged from the recipient of the gift. Its amount is determined by the current NDFL size in the country at the time of the design of the transaction of donation. In 2020, the NDFL rate in the Russian Federation is 13%. It will not be necessary to pay immediately after receiving the gift, but the framework of the NDFL payment for the period. The frequency of transfer of personal income tax to the budget - 1 time per year for last year. Term - until July 15.

As mentioned, family members are exempt from the need to pay tax. Anyone acts only on transactions, decorated between close relatives, including adopted children.

Lawyer of the Board of Legal Protection. Specializes in administrative and civil cases, damage to the insurance companies, the protection of consumer rights, as well as cases associated with the illegal demolition of seashells and garages.

The optimal option for transferring the Earth to the native is the design of the domestic on the land between close relatives. A similar contract has a number of features that allow reissue of rights without impressive costs. But on a row with this, the donation requires the legislative rules that influence the further fate of both property and relationships.

Today, the process of registration of domestic on earth will be considered. From the article you will learn what documents are needed to register, who pays tax, rights and obligations of the parties, and also be able to download a sample of giving for 2020.

For more legal advantages, use the free consultations of the legal specialists of the site.

The donation of the land plot to a relative, as well as a different deal with real estate, is written and signed by the parties by the donor and apparable. The main requirement for the form of the document is its presumption. In other words, the text should contain such information as:

Mandatory points that reveal the main conditions for the transfer of property rights.
Optional items provided for by Russian legislation.
Other points indicating at the request of the participants.

Compulsory conditions are those that make it clear about what subject to the domestic is in question in the document. Puting the Earth in detail is described in the contract, namely:

his name;
location;
category;
availability of permission to use;
No. from the cadastral passport;
total area.

In addition, it indicates restrictions, encumbrances and other rights. In the absence of mandatory items in the text, the gift will be invalid and refused in its registration.

Speaking of additional points, it is worth canceting that it can be like a period of domestic, the right of heirs, etc. But the last, other conditions are included at will. Their absence does not entail negative consequences.

By the way, for donation it is not necessary to compile an act of reception and transfer of the Earth. But this is relevant only if there is a written consent to take a gift.

Documents and registration

To complete the process of the Darment of the Earth, in 2020 you need to collect documents governed by the legislation of Russia.

Scroll:

The application written by each participant that one transfers the right to land, and the other of these rights takes.
Cauita on payment of state fee for the registration procedure. It is necessary to provide both the original and its photocopy.
Passports of the Parties and other documentation confirming the right to participate in such a transaction.
Agreement in the amount of 3-4x copies. For independent design it is necessary to take three pieces, and when contacting a notarized organization - 4.
Documentation confirming the rights to property. It is necessary to provide both the original and photocopy. However, according to new changes, the certificate of ownership is not issued. Therefore, the data are requested from Rosreestra.
If a gift gets a child of a minor age, then you need to receive consent from the guardianship authorities (2 copies).
When the land plot is shared by the property of spouses, then with a gift, you need to get permission from a husband / wife. Put the original and photocopy.

Often, donating to earth is held between the nearest relatives, but also to transfer the rights to third-party citizens, no one prohibits. Below are the conditions under which donation in 2020, as in the preceding, will not be valid:

Earth can not be given to commercial organizations.
Persons who have not reached 14 years old can be given, as well as incapable.
Forbids take a gift from its customers / visitors / wards to those who work in state organizations.
Give the land put on only the one that has permission to turn around.
On earth should not be house or other capital building. In another situation, graduating is drawn up together with the structure.
To deal, you need to personally attend the design of the contract. Or grant the authority to the representative, the attachment of attorney for him.

The package of documents is rendered to the registering authority (Rosreestr, MFC) and under the 10th day undergoing legal expertise. Following the results of the transfer of property rights or its suspension.

If registration was suspended (maximum dates 1 month), the applicant has the right to collect additional documentation, adjust information in the text of the contract, remove other errors. Also, the donator can increase the period of suspension by 3 months. In this period you need to collect and submit documents. In a confusion, the employee of the registering authority may refuse to reissue the rights.

In view of this, we suggest downloading a sample (see gradually), fill it, and to learn the nuances from the portal's lawyer. Free ambulance will allow you to warn errors.

Tax collection for donation of land

IN tax legislation Russia is a preferential list, on the basis of which the tax fee for income (donation) for people associated with relatives, does not apply. Based on the SC of Russia (article No. 11, clause number 2) of the nearest relatives are considered:

married couple;
daughter and son;
parents;
brother and sister;
grandfather and grandmother.

At the same time, according to the law, the next relatives will be adopted children, adoptive parents, incomplete children.

The state duty on renewal of real estate in 2020 is equal to 2.000 rubles, and for the transfer of rights to land, it is necessary to pay 350 rubles, as indicated in the NC of Russia (article No. 333.33, paragraphs No. 1 and No. 34).

In the event of not receipt of payment for the state duty (example, forgot, there is no funds, etc.), the documentation is returned by the applicant within 10 days, and such an agreement will not be considered.

As indicated above, the nearest relatives should not pay 13% of the income tax. If the gift is between the relatives of the second and then the line, then income tax Pays in the amount of 13% of the price tag.

Consequences after a transaction by donation

After the registration is completed, the donator is no longer eligible for donation, and a gifted citizen is recognized by its owner. In Russian laws, there are conditions on the basis of which the duration of the land plot between relatives may be canceled. At the same time, to challenge the doner who came into force, as a donel himself, if after the transaction his financial situation deteriorated sharply, or serious changes in health occurred. But in any case, the plaintiff will have to prove such consequences in court by providing an evidence base, attraction of witnesses, etc.

In addition, in the Russian Group of Companies, there is an indisputable condition that the donor has every reason to cancel the gift, if:

The transaction was signed under pressure on the donor as physical and moral.
Due to the use of a gift to the gifted, the site came to the running state.

Of course, in practice all controversial questions Go to the court hearing, where employees of laws consider in detail all the circumstances of the case.

In modern realities, the design of the fear of land between the relatives, the case is usual. Nevertheless, often land is in equity ownership. If this takes place in your situation, then by making the decision to give my share, it will be necessary to enlist the written permission from other land owners. At the same time co-owners have priority rights to redeem the share of the site. Thus, you need to notify them first, wait 30 days during which the owners must send a written refusal. If there is no answer in the expiration of the specified period, then the law will be regarded as automatic consent. Therefore, the notification is written in writing and is awarded either personally in hand to obtain marks and signatures of familiarization or Russian Post with registered letter and content description

When the donor is the only owner of the site, it can give both the whole land and its part. In order to correctly draw up documents, information should be obtained about current provisions in the GC of Russia regarding land transactions, as well as familiarize themselves about the provisions of the common property.

When transferring part of the Earth, the shape of the gift is the same as with full donation. The only exceptions are:

indication of the specific share of the Earth;
what is its area;
where to be a plot.

When the donation is performed in relation to several gifted persons, then complete information about each participant is prescribed in the text. All subsequent procedures for design and registration are similar to those specified in this article.

Valery Isaev

Valery Isaev graduated from the Moscow State Legal Institute. Over the years of work, the lawyer has conducted many successful civil and criminal cases in the courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

Dear agreement

land plot between relatives

C. RF Ivanov Sergey Yuryevich, 11.10.1111 Birth: Paul: Husband., Place of birth: city Moscow, Passport 11 11 11111 issued ATS Babushkinsky district of Moscow 11.11.1111, division code 111-111, registered at the address: city of Moscow, Street _____________, SNILS __________ referred to in the future "donator", on the one hand, and

C. RF Ivanova Elena Yurevna, 11/10/1111 Birth, Gender: Husband., Place of birth: City Moscow, Passport 11 11 11111 issued ATS Babushkinsky District of Moscow 11.11.1111, division code 111-111, registered at the address: Moscow, Street _____________, SNILS _________, referred to as "gifted", and together, referred to as "Parties", confirmed that they are not deprived of legal capacity, they do not consist of care and trusteeship, they do not suffer from diseases that impede the essence of the contract, concluded this Agreement on the following:

1.1. Under this Agreement, the donator donately reports to the ownership of ½ share in the right to land for gardening, land category: agricultural land, the total area of \u200b\u200b600 square meters. M located at the Moscow Region, ___________ correspond seems as in the certificate of ownership all the data _____________, uch. 1, Cadastral number: ____________________, and the gifted accepts it as a gift.

1.2. The specified land plot belongs to the donor on the basis of a certificate of inheritance under the law issued by the notary of Moscow Ivanova G. I. 11.11.1111, the registry number 111111111, which is confirmed by the certificate of state registration of the right issued 11.11.1111, the main Office of the Federal Registration Service for the Moscow Region: Series 1111 No. 11111.

1.3. The donator is a native brother being beloved and operates by goodwill.

1.4. The donor guarantees that before signing this Agreement, the above-mentioned land plot is not sold to anyone, not donated, not laid, not burdened with the rights of third parties, in dispute and under arrest it does not consist.

1.5. The donator at the time of acquiring a land plot and to the present, in a registered marriage did not consist.

1.7. This Agreement enters into force and is considered concluded from the moment of state registration in a single state register of rights to immovable property and transactions with it.

1.8. The donator assures that on the land plot specified in paragraph 1.1. There are no buildings and structures.

1.9. Occupative acquires ownership after state registration of the transfer of ownership.

1.10. This Agreement contains the entire volume of agreements between the Parties regarding the subject of this Agreement, cancels and makes invalid all other obligations or submissions that could be accepted or made by the parties are orally or in writing before entering into this Agreement.

1.11. The contract is drawn up in three copies of equal legal force, of which one is at the donor, the second - in the gifted, the third is in the body that carries out the state registration of rights to real estate.

Signatures of the parties

Donor

Occupic

___________________________________________________________________

Act of admission and transfer of land

C. RF Ivanov Sergey Yuryevich, 11.10.1111 Birth: Paul: Husband., Place of birth: city Moscow, Passport 11 11 11111 issued ATS Babushkinsky district of Moscow 11.11.1111, division code 111-111, registered at the address: city of Moscow, Street _____________, SNILS _________, referred to as the "donator", on the one hand, and

The donor conveyed, and the gifted accepted ½ share in the right to land for gardening, land category: agricultural land, the total area of \u200b\u200b600 square meters. m located at the Moscow region, ___________________________-, uch. 1, Cadastral number: 1111111111111111111111111111,

Claims do not have complaints about each other. The contract and the act is signed voluntarily.