A deed of gift is a procedure for the gratuitous transfer of real estate between people, regardless of family ties. Actively used for transactions between close people.

But there are situations when lonely elderly people arrange an apartment as a gift to complete strangers. This is most often due to the fact that they are cared for by neighbors, social workers, and private individuals. There is an agreement between them that lonely old people are under the supervision and care of strangers, and as payment for services they transfer their property to them. Such an agreement has two sides to the coin:

• Executing a gift agreement is an advantageous offer for the recipient. Compared to the cost of housing, the costs of registering property are relatively small: state duty for registration actions and income tax in the amount of 13% of the market value of the apartment.
• On the other hand, this is a rather dangerous real estate transaction for the donor himself. Immediately after drawing up the agreement and registering it with Rosreestr, the donor loses all rights to his property. From this moment on, the new owner has the right of ownership of the residential premises.

It should also be noted that government employees, social and medical workers do not have the right to participate in these transactions as the receiving party.

What are the requirements for participants in a deed of gift transaction?

The legality of the procedure for registering the donation of an apartment is of particular importance in this case. Here you need to pay attention to some requirements that apply to both parties involved in the transaction:

• Age restrictions. According to the Civil Code of the Russian Federation, a person under 18 years of age cannot act as a donor. If the recipient is a child under 14 years of age, he does not have the right to sign. In this case, all documents for accepting the apartment as a gift are signed by parents, guardians, and legal representatives. Children over 14 years of age have the right to sign all legal documents independently.
• Civil law. An apartment donation agreement cannot be signed by persons who are incapacitated and registered in a psychoneurological dispensary. All actions with real estate can be carried out by their legal representatives and guardians. They also have the right to sign documents of a legal and legal nature. A deed of gift can be invalidated if the donor, at the time of the transaction, was under the influence of alcohol or drugs. Also, if a deed of gift is issued to an incapacitated person, then all documentation of acceptance of the gift is confirmed by the signature of the guardian.
• Both parties must express full consent to the transaction.
• Property is accepted as a gift only during the life of the donor. Otherwise, the apartment is an inheritance, which changes the conditions for registering it as the property of the new owner.

Failure to comply with one of the above conditions allows you to cancel the transaction.

How is a deed of gift drawn up between relatives?

Registration of a deed of gift for an apartment between relatives is carried out on a general basis. They are subject to the same requirements as when making a transaction between strangers. There is a small circumstance here that allows you not to register a document with a notary. The deed of gift can be submitted along with the rest of the documents to the property registration authority. You must have a receipt for payment of the state duty with you. An important requirement is the presence of both parties when transferring documents to Rosreestr.

It is also important to consider the degree of relationship. When making real estate transactions, belonging to the first line matters, namely:

• Grandmothers and grandfathers;
• Parents, adoptive parents;
• Children are natural or adopted;
• Grandchildren;
• Brothers and sisters are natural or half-siblings, that is, having one common parent.

Persons included in this list, when receiving property as a gift, are exempt from paying income tax, which is 13% of the cost of the apartment. In all other cases, regardless of family relations, the recipient must pay the tax in full.

What documents are needed to register a deed of gift?

A deed of gift, like any real estate transaction, requires the preparation of an appropriate package of documents for registration of ownership rights to a loved one, namely:

• A gift agreement drawn up in free form or notarized. It is preferable to have a legally correct document, which will serve as a guarantee of the irreversibility of the transaction, even in court.
• Passports of all participants, including guardians and legal representatives;
• A document defining the marital status of the donor;
• Certificate of ownership of the apartment;
• Technical and cadastral passports for residential premises;
• Conclusion on the appraised value of real estate;
• If an incapacitated person is involved in the transaction, then documents from the guardianship authorities are required;
• An extract from the house register, if necessary, a photocopy of it;
• An extract from the EIRC confirming the absence of utility debts;
• Certificate of absence of encumbrances;
• Written, notarized consent of other owners of the premises, subject to their availability;
• Certificates of legal capacity of the parties to the transaction from drug treatment and psychoneurological dispensaries.

What are the validity periods of the deed of gift?

The property is transferred to the new owner as a gift after the final registration of ownership with the relevant authorities. Here's what you need to remember:

• The gift agreement has a validity period of 12 months. After this time, it loses its legal force. If the apartment is not registered as the property of the recipient, then the contract must be drawn up again.
• The agreement has legal force only during the life of the donor. If during this time the property is not re-registered, then the apartment then has the status of inheritance and cannot be transferred as a gift.

The time frame for re-registration of real estate differs in different regions. The average time for registration of registered property is 7 - 18 days. If you need to pay income tax, it is important to remember that you must submit your declaration to the tax authorities within the deadlines established by law.

In civil law, there are several different ways to transfer property from one entity to another. The main ones include sale, barter, inheritance and donation. The last transaction is the most common in practice, but it also has many features. How to correctly draw up a gift agreement and conduct this transaction is discussed further in the article.

Concept and features of the gift agreement

A gift agreement, or deed of gift, is a document by which the owner of property (most often real estate) transfers ownership rights to it to another person. The main feature of this transaction is the fact that the transfer must be carried out completely free of charge, without the condition of receiving anything in return. This definition is given in civil legislation, in particular in Art. 572 of the Civil Code of the Russian Federation.

With the help of this document, the owner of the property can at any time transfer it to the person he chooses, regardless of the presence or absence of family ties. In this case, those persons who, in the event of the death of the owner, would become his heirs under the will, lose any rights to the property.

Most often, the transaction is carried out between close relatives, since in this case it costs them practically nothing. If the parties to the agreement are distant relatives or strangers, the donee has certain tax obligations.

In particular, he must pay income tax (NDFL) within a year after receiving the property.. Its size depends on the value of the gift and is 13 and 30% of this value for residents and non-residents of the Russian Federation, respectively.

Another feature of the deed of gift is the fact that the property received with its help becomes the personal property of the donee. This means that even if it is married at the time of receipt, in the event of a divorce it will not be subject to division between the spouses. This once again speaks in favor of drawing up this document between members of the same family and close relatives (most often parents and children).

Drawing up deed of gift and necessary documents

The procedure for drawing up a gift agreement depends on what methods the parties decided to use. There are two options for this transaction:

1. Draw up a contract yourself. This option is more complex, but requires minimal costs. The document template can even be found on the Internet; you just need to redo its provisions in accordance with specific conditions. However, in this case, the main risk is the fact that the contract will be drawn up incorrectly, as a result of which it may be declared invalid.
2. Contact a notary to draw up a document. This method requires a lot of expenses, since notary services are expensive. However, the reliability of the transaction increases significantly, because only an experienced lawyer can write the deed of gift correctly and eliminate as much as possible the risk of its further challenge.

In any case, after drawing up a gift agreement in writing, it must be registered. This is done in the appropriate authority - the Registration Chamber (UFRS) or the Multifunctional Center (MFC). At the same time, the owner of the property may need such documents to formalize the deed of gift and register it :

• the gift agreement itself (it is worth considering that it must be signed directly in front of the registrar);
• a receipt for payment of the state duty (the amount of this fee is 2000 rubles, payment obligations are assigned to the donee);
• passports of both parties (originals);
• a document confirming ownership of the property (its specific type depends on the method in which it was obtained);
• written consent from the spouse or other relative of the donor, if this property is joint property;
• an extract from the house register (not necessary in all cases);
• notarized power of attorney (if one of the parties acts with the help of his legal representative);
• permission from the guardianship or trusteeship authorities (may be required if a minor is involved in the transaction).

The number of gift agreements that must be submitted to the registration authority depends on the number of participants. Each of them is entitled to one copy of this document, another one remains with the registrar.

This list of documents is not exhaustive, since in each specific situation other documents may be required. The exact list should be clarified in advance with the registration authority where they will be submitted, or with a notary if he is involved in the transaction.

In a situation where a notary is involved in a transaction, it is he who is responsible for drawing up the document. In the case of independent registration, the owner must ensure that all the necessary information is included in it, namely:

• information about the donor: his full name, passport details and place of registration;
• similar information about the donee;
• the subject of the contract and its detailed description (for example, an apartment or house, the address where the property is located, its area, floor, number of rooms);
• the value of the gift (must at least approximately correspond to reality, preferably based on an assessment, but this requirement is not necessary);
• signatures of the parties.

The main attention should be paid to the description of the subject of the contract and indication of its exact characteristics. They should be enough to correctly identify the object and distinguish it from many others.

It is also important that the contract does not contain terms that are illegal. These conditions, as well as other grounds for declaring a transaction illegal, should be considered in more detail below.

When a document can be invalidated

The main advantage of a gift agreement is that it is very difficult to challenge (unlike, for example, a will). This is especially true in situations where the donor is still alive. However, there are cases when a document can still be considered invalid. These include:

• incapacity of the donor;
• his lack of legal rights to property;
• incorrect execution of the contract;
• the presence of encumbrances or illegal conditions in it.

To avoid the risk of challenge and draw up a gift agreement correctly, it is necessary to take into account certain rules of the legality of this document:

1. Availability of essential conditions. The main one is to indicate the subject of the transaction - without this, the document will be invalid. Additional information may include the value of the gift and the duration of the contract (that is, the moment from which it comes into force).

2. The absence of provisions that are prohibited from being included in the contract. In particular, these can be any conditions that require the recipient to transfer something in exchange for the gift he receives. The most common ones are:

• transfer of funds;
• transfer of other property;
• obtaining the right to use the gift (for example, to live in an apartment) after the transaction is completed.

Another common condition- transfer of property as a gift only after the death of the donor. Its illegality is due to the fact that it requires the use of a document such as a will. If the deed of gift contains one of these conditions, it will be considered invalid.

3. Availability of property rights. They must be supported by relevant documents: an agreement of exchange, purchase and sale, gift, certificate of inheritance, etc. There must also be consent to the transaction from other owners if the property is jointly owned by several persons.

If the transaction is carried out without the consent of the co-owners or their information, in the future they will be able to invalidate it in court.

The donor himself can also challenge the transaction, but the reasons for this must be very compelling. For example, these include careless handling of the property of the new owner or harm to the donor’s health. In other cases, it is unlikely that the property will be returned, so the owner needs to carefully assess in advance all the possible disadvantages and risks of this procedure.

A deed of gift for an apartment is one of the most popular ways of transferring property between relatives. If we talk about the complexity and duration of drawing up a gift agreement, then it is practically no different from a regular purchase and sale. However, there is one fundamental difference here - the deed of gift is issued free of charge and the person does not receive any benefit for it. To do this, you need to draw up an agreement according to which the donor transfers ownership of his property to the donee. In this case, the donee does not have any obligations unless the conditions have been specified additionally. Today we will talk about how to properly draw up a deed of gift.

In order to write a gift agreement, you must follow all the rules. It is also necessary to clearly understand the main advantages of this method of transferring property. Why should you use it when it comes to relatives? Or is it best suited for strangers too?

The main advantage of a gift agreement is that a person can receive an apartment without any obligations. In some situations, the deed of gift states that the donee will be able to dispose of the property only after the death of the donor. Payment for real estate - maintenance and assistance to the donor. If nothing is specified in the deed of gift, then there are no additional conditions for receiving apartments.

Another advantage is the possibility of free disposal of real estate after the transfer of ownership. As soon as the fact of transfer is registered, the person will be able to rent, sell or inherit the received apartment.

The only drawback is that the written gift agreement can be challenged. Of course, this is not easy to do and you need to have evidence of a violation of the law to cancel the deed of gift, but it is possible to challenge it. To prevent this from happening, you must follow all the rules that are provided for registering a deed of gift for real estate. The help of a notary will also help to avoid mistakes, who will not only prepare all the necessary documents, but also check all participants before the start of the transaction. Also, in the event of a trial, he will be able to witness that the donor acted with an understanding of the consequences and on his own behalf.

Registration procedure

First of all, we note that the deed of gift is drawn up exclusively in writing. If the drafting is done by a notary, then this is an additional advantage. The fact is that if the contract is lost, a copy can always be obtained from the notary, who keeps all the papers.

The procedure for donating real estate means that the contract itself does not provide the recipient with the right to dispose of real estate. In order to become the full owner, you must contact the registration authority at the location of the property and register ownership of the transferred apartment, room or house.

Registration of a deed of gift requires the preparation of certain documents. The standard list consists of the following papers:

• a statement from the donor that he is transferring his property to another person;
• application from the donee with a request to register the property not received;
• an extract from the housing office, which includes information about all persons registered in the apartment;
• documents confirming the donor’s right to dispose of his property and give it to relatives or third parties;
• ID cards of all participants in the transaction (passports);
• cadastral plan, which can be obtained from the Technical Inventory Bureau;
• receipt of payment of state duty.

As a rule, this list of documents is quite sufficient for registering property rights in 2019. In some situations, other documents may be required at the request of registration officials.

There are also several additional nuances that need to be taken into account when designing. The procedure for donating an apartment can be carried out with the participation of minors or incapacitated persons. In this case, consent from guardians or representatives in writing will be required.

The deed of gift documents can be drawn up by a third party: a friend, a realtor, etc. In order to give them such rights, it is necessary to issue a power of attorney from a notary. It happens that the donor has only part of the premises and wants to transfer his share. According to the legislation of the Russian Federation, for this it is necessary to obtain consent from all other property owners.

How many copies do I need to fill out? Each participant in the transaction will receive their own original. In addition, another agreement will need to be left with the registration authority.

Cost of registration and possibility of cancellation of the contract

The procedure for registering a deed of gift provides for gratuitousness. This means that the recipient does not have to pay directly for the apartment received. If the fact of transfer of funds for real estate is proven, then the gift agreement can be canceled through the court.

The main cost associated with receiving a donated apartment is tax. However, there are certain features here too:

• if property is transferred within one family (from father to son, etc.), then there is no need to pay property tax;
• if the donor transfers ownership of the apartment to a close relative (grandparents, grandchildren, brothers, etc.);
• if the donor transfers his property to a distant relative, the tax will be 13%;
• If the donor transfers the apartment to a third party, then he will have to pay a tax of 13%.

Let us note that a deed of gift for real estate is beneficial in the first two cases, since it will be possible to obtain housing almost free of charge. The only costs are associated with paperwork and payment of state fees. In other cases, it is more profitable to draw up a real estate purchase and sale agreement.

What other costs may you incur? If a notary is involved in preparing documents, you will have to pay for his services. As a rule, the cost depends on the price of the property itself. The notary takes a small percentage for registration of the deed of gift.

A gift is a gratuitous transfer of property to another person. The donation procedure is regulated by Chapter 32 of the Civil Code of the Russian Federation; it says here that the donor is the person who gives his property, and the recipient is the one who receives it. In fact, it is easier to draw up a deed of gift from a notary, but you will have to pay a certain amount for this, and notarization of the document is not required by law. Therefore, many are interested in how to draw up a deed of gift on one's own. You will learn about this, as well as much more, from today’s article.

Often, a gift deed is drawn up for real estate, which has a completely logical explanation. First of all, the living space will be received by the person to whom the donor addressed it (which cannot be said, for example, about a will). Moreover, the contract begins immediately after signing, and in this case it is almost impossible to take away the donated property. But this is provided that everything is done correctly.

The specific list depends on what exactly is the subject of the contract. Let us repeat: this is precisely an agreement, since the execution of a deed of gift implies the consent of the second party (that is, the recipient).

So, if the object is real estate, then to donate it you will need:

• state certificate registration;

  

• a document confirming that there are no payment debts;

  

• extract from the house register, personal account;

  

• receipt for payment of state duty (original and copy);
• documentary evidence of the absence of unpaid taxes;
• statements from each party;
• Russian passports of each party;
• consent of parents/guardian (if the representative of one party is a minor or disabled);
• donation agreement (in two copies), notarized;
• list of persons registered in the living space;
• spouse's consent (if required);

  

• confirmation of the right to property (if the certificate is registered in the Unified State Register, then the original, if not, then the original and a copy);
• cadastral passport;
• extract from the BTI.

Note! If we are talking about donating a private house, then the land plot on which it is located must be transferred along with it.

If the donor does not own the plot, but he only temporarily uses it (for example, he has issued a long-term lease), then all rights are transferred to the recipient in the same volumes that belonged to the previous owner.

If the subject of the contract is a car, then the party that accepts the property must provide the following documents for re-registration:

• completed application;
• receipt of payment of state duty;
• deed of gift;
• OSAGO;
• passport.

The registration procedure takes no more than five working days from the date of entry into rights.

What about taxes?

In most cases, the described agreement is concluded by close relatives, who by law do not have to pay tax for it. If we are talking about unauthorized persons, then the text of the contract in any case must indicate the total cost of the object. The tax amount (for people who are not close relatives) is equal to 13 percent of the price of the subject of the contract. It is worth noting here that the price can be cadastral (determined in the BTI) and market (set by an independent appraiser based on calculations and current data).

How much will the registration cost?

If property is transferred free of charge to a close relative, then no tax is provided for such cases, which means that the total costs of registration will consist of the following items:

• 13 percent tax on the object of the transaction (if the parties are not close relatives);
• state duty for registration of property rights;
• services of an independent appraiser, notary;
• state fee for notary registration.

Note! Since 2013, the state fee must be paid only for registering the transfer of rights, while the agreement itself no longer needs to be registered.

We also note that for distant relatives and strangers, who will have to pay 13 percent of the total cost, it is much more profitable to conclude a purchase and sale agreement.

What do you need to pay for when registering a deed of gift for a car?

Necessary costs in this case include:

• state duty in the amount of 0.5 percent (for family members) or 1.5 percent (for distant relatives or strangers) of the cost of the vehicle;
• property tax;
• payment for car valuation;
• insurance.

Step-by-step instructions for preparing a deed of gift

Let’s say right away that it is important to adhere to the established rules. So, the contract must indicate passport/registration data, full name and date of birth. The property itself is described in detail, and in full accordance with technical documents.

Note! The main feature of the contract is gratuitousness, that is, the donor is not entitled to anything in return.

In addition, a number of important nuances should be taken into account.

1. To gift property acquired during marriage, the consent of the other spouse is required.
2. The fact of the transition must be recorded in the registration chamber and the Unified State Register.
3. If the object of the transaction is only part of the property, then an additional notarized consent from all other owners will be required.

During registration, follow the algorithm below.

Stage one. First, enter into an agreement, preferably with the help of a qualified notary - this will guarantee that the parties are able to work and signed the document on a voluntary basis. Moreover, this will prevent possible legal conflicts in the future, and even if a document is lost, a copy of it can always be taken from a notary.

Sample deed of gift for an apartment. File for download.

Sample deed of gift for a vehicle. File for download.

Stage two. Contact Rosreestr with the completed agreement to register the transfer of rights. It is important to have a ready-made package of required documents with you and to pre-pay the appropriate state fee (1000 rubles, only low-income citizens are exempt from payment).

Stage three. To submit an application, you can visit Rosreestr in person or, alternatively, send the document by mail or through an authorized representative. By the way, you can obtain documents using the same methods.

Stage four. No later than 20 days from the date of submission of the application, you will be issued a document on the transfer of ownership rights. If the decision is negative, the authorized bodies will send an official refusal with a mandatory indication of the reasons.

As for drawing up a donation agreement for a vehicle, it is practically no different from the scheme described above. The only exception is the fact that the received property must be registered with the MREO, and not with the Federal Registration Chamber.

As you can see, there is nothing complicated in the procedure for registering a deed of gift; the main thing is to strictly adhere to the rules, have all the necessary documentation on hand and follow the above scheme. If you do everything correctly, then a maximum of 20 days after submitting the application, the property will already pass to another owner.

Video - Rules for registering a deed of gift

Compared to purchasing property or a mortgage, the procedure for donating real estate can become more convenient in relation to relatives or friends, because it is issued free of charge. Figure out how to draw up a deed of gift for an apartment according to accepted laws in order to complete all the steps correctly.

What is a deed of gift for an apartment

A gift agreement is a legal formal procedure for transferring property as a gift, free of charge. It is used when they want to transfer real estate to relatives or other people who could start using it right away. This makes the design of a deed of gift different from a will, which involves the delivery of an inheritance free of charge after the death of the owner. Decide for yourself how best to draw up a deed of gift for an apartment - in person or with a notary.

How to draw up a gift deed yourself

The document is always drawn up in writing. You can download a sample contract form via the Internet and follow it, or you can use the following steps. The procedure for making a deed of gift for an apartment:

1. The gift agreement must have a name, date of conclusion and city of execution of the document.
2. Indicate the details of the parties: full name of the donor, recipient, their passport and registration details.
3. Indicate what the donor is transferring – name of the object, address.
4. Enter the necessary evidence of ownership of property - documents of purchase and sale or similar.
5. Describe the object - indicate its total, living area, cost, but real, not inflated.
6. Indicate that both parties are in a sane mental state when drawing up the paper and are fully responsible for the legality of the transaction.
7. Both parties must sign.
8. The document is drawn up in the copies required for each person specified in the contract plus one to the Registration Chamber.
9. An application to complete a transaction is submitted to the Registration Chamber or the MFC. Pre-pay the state fee of 2000 rubles and prepare the necessary documents.
10. Sign the application received from the registrar and wait to receive papers confirming ownership of the object.

What documents are needed for registration

When submitting a gift agreement to the registration authorities, you will need to know what documents are needed to formalize a deed of gift for an apartment:

• original passports;
• the contract itself;
• paper confirming ownership of property;
• if the property is jointly acquired with the donor’s spouse - written consent for the transfer;
• original, copy of an extract from the house register;
• if there is a power of attorney between persons, originals + copies of papers are needed;
• if the recipient is considered a minor child or incompetent, the permission of the guardian is required.

It is advisable to make copies of all submitted papers (just in case). In addition, the state registration authority may require other documents necessary for the transaction. It is better to find out in advance about all the nuances of how to draw up a deed of gift for an apartment. Call the organization in advance or find requirements for applicants on official websites. This way you will save time and come prepared to carry out the procedure in 1 stage.

Tax amount when registering in 2016

In addition to drawing up a gift agreement for the procedure, other issues need to be taken into account. You’ve figured out how to properly draw up a deed of gift for an apartment. Also, clarify who must pay the tax - 13% of the cadastral value. Rules:

1. When you indicate a contract price, its size below 70% of the cadastral price is considered invalid. In this case, you will still pay a percentage of the cadastre.
2. Part of a home or share in it has similar tax rates.
3. Close relatives in the direct line of inheritance (grandparents, spouses, brothers-sisters, parents-son-daughter, grandchildren-granddaughters) may not pay tax. They pay the tax amount in case of transfer to second-degree relatives or people without family ties.
4. When donating an object to a foreigner or non-resident of the Russian Federation, a tax is charged - 30% of the cost.
5. The donee pays the tax, and he also declares the received object to the tax office.
6. You can pay tax until April 30 of the reporting year, and transfer personal income tax until July 15.

The cost of registering a deed of gift for an apartment with a notary

To facilitate the transaction, notaries offer their services. This is more expensive than drawing up the contract yourself, but the specialist will take into account all the nuances, so the document will not have to be redone. The average price for notary services for drawing up a deed of gift is 7,000 rubles, plus the specialist receives a percentage of the cost of the object (0.1-0.2%). The notary will also charge 10,000 rubles for technical work.

The notary may limit his rates depending on the fact whether the donees are relatives or not. The close-connected option will have a lower interest rate (on the value of the transaction), while others will have to pay more. When contacting a notary, find out all the details in order to have an accurate idea of ​​the upcoming expenses.

Donating an apartment when working with a specialist will not be cheap, but it will be worth it. With a notary, after receiving the property, you can re-register the gift agreement and transfer the property to another person, or privatize the object. A specialist will tell you the list of documents required for this and the cost of performing the procedures. You can consult with him on other home procedures.