Today we have to find out how the donation to the land plot is compiled and executed. What kind of document is this? Why is it needed? What features will have to be considered when registering gifts on the ground? The answers to all these questions will be found without fail. In reality, everything is much simpler than it might seem.
Definition
What is a deed of gift for a land plot and a house? This is a form of transfer of ownership of land and home from one owner to another. In this case, the property is transferred as a gift. Ownership rights will be granted to the new owner after signing the contract of the established form. The death of the former owner does not need to wait.
In other words, a gift certificate is a document that allows you to transfer property to citizens during their lifetime. This scenario is mainly used among relatives.
Who and to whom
Who has the right to receive a gift certificate for a house and land? And to whom can the property mentioned be transferred to ownership?
It is allowed to issue gifts only to the owners of certain objects. In our case, the owner of the house and land. Under the gift agreement, you can transfer both the entire plot and its specific share. The same goes for home and other real estate.
Who is allowed to give property? There are no restrictions in this area. Land and other property may be transferred by gift of:
- organizations;
- to relatives;
- to third parties.
The donor chooses to whom to transfer his property. A decision must be made voluntarily. Otherwise, the contract can be declared invalid.
Taxes
Registration of a gift for a land plot, like any other gift agreement, requires a citizen to pay taxes. After signing the agreement, the donee acquires new material and property goods. Therefore, he will have to pay a certain tax.
How much exactly? Today, upon receipt of gifted donee persons pay personal income tax 13%. The exact amount depends on the cadastral value of the property / land.
Relatives
The deed of gift to the land between close relatives has a number of features. The thing is that such transactions are not taxed. Close relatives do not pay taxes when receiving property for donation.
Who is considered close? Under current Russian legislation, such persons include:
- husband
- a wife;
- children
- grandchildren;
- parents
- grandparents.
All other relatives fully pay personal income tax after receiving property under a gift agreement. Only a deed of gift to the land between relatives is not taxed. This feature is actively used in real life.
Marriage and deed of gift
There is one more nuance to which you need to pay attention. The thing is that the design of a gift (for a land plot and not only) assigns a specific property to the donee. This form of transfer of property to a new owner is often used in a marriage.
Why? This is due to the fact that the legislation of the Russian Federation recognizes property obtained under a gift agreement as the personal property of the person for whom the relevant document was drawn up. Land, a house, an apartment and other objects will not be considered jointly acquired and shared during a divorce.
Bans
The donation to the land plot between relatives has a number of features that have already been described. But in general, the document under study has some nuances.
For example, land can not always be donated. Among the main prohibitions are:
- the impossibility of donating property to children (up to 14 years old) and legally incompetent persons;
- giving the earth as gratitude for certain works.
On this, all restrictions end. The owner of land and other property can give it at any time and to anyone.
About the content
A sample of a donation to the land will be presented below. What needs to be written in this document? What information should be displayed here without fail?
According to the established rules, any gift contains the following information:
- personal information about the donor;
- data about the donee;
- description of the donation object (in our case, the land plot with the address);
- burden information;
- value of property (based on the results of the assessment);
- features of the object (when donating land, all buildings are indicated);
- restrictions on use (if any);
- duties of the giver and donee;
- nuances of dispute resolution.
Also, the donation agreement may indicate other important features that do not contradict the legislation of the country and related to the operation.
Procedure
How to issue a gift certificate for a land plot? To do this, you have to act like this:
- Prepare documents for the transfer of land into ownership.
- Make a gift.
- Go with the donee to a notary and conclude a contract.
- Get ownership of land on a new owner.
Since 2013, donations are not required to be registered with the Federal Registration Service. Therefore, the process does not require any special actions from the donor.
Documentation
How can I get a gift certificate for a land plot? The procedure for implementing the task is already known. A huge role for this process is the preparation of documents. She lies on the shoulders of the donor. Only one document is required from the donee - an identity card.
Registration of a gift for a land plot is reduced to the collection of the following papers:
- donor's passport;
- identity card of the recipient of the property;
- gift agreement (3 pieces);
- documents indicating ownership of the property (for example, an extract from the Unified State Register of Enterprises);
- cadastral passport to the land;
- document on payment of state duty;
- consent of the husband / wife to the donation of the land (if we are talking about jointly acquired property).
On this, the documents necessary for the execution of the deed end. All of these components are brought to the notary in the original. Copies do not take place and do not allow the transaction.
Service cost
A deed of gift to a land plot, as we have already found out, requires the payment of a state fee in one way or another. How much does a citizen have to pay for an agreement?
It all depends on which site is being transferred to the new owner. In 2017 in Russia you need to pay:
- 350 rubles for land for a garden, a garden, individual housing construction, private partnership;
- 2,000 rubles for other land plots.
Duty amounts may change from time to time. Therefore, the exact amount of payment must be specified in advance.
Transaction Terms
How long is a donation to the land? This procedure does not require citizens to wait long.
The thing is that the donation agreement does not require compulsory registration with Rosreestr. After signing the agreement prepared in advance, the ownership of the land is transferred to the new owner. The only thing that needs to be done is to produce a new certificate of ownership. It is executed in Rosreestr as an donee.
This procedure takes 10 days. After this period, a citizen will be able to receive an extract from the Unified State Register of Enterprises or a certificate of ownership of the land.
Registration in Rosreestr
Some are interested in how to act after signing a gift agreement for any real estate. The right to land must be registered in Rosreestr.
To do this, you will need:
- Sign a deed of gift.
- Prepare some documents (usually those that are transmitted to a notary public) for registering property rights to real estate.
- Contact Rosreestr with a request for a new certificate of ownership. Prepared papers must be attached to the request.
- Get a receipt.
- At the appointed time, come to Rosreestr to receive certificates confirming ownership of the land.
As already mentioned, the operation is carried out within 10 days. Sometimes you can get a certificate earlier, but you should not hope for it.
Documents for registration in Rosreestr
A deed of land is signed. Now, as already mentioned, you need to register your land rights. To do this, you need the following documents:
- gift agreement;
- old certificate of ownership;
- cadastral passport;
- recipient's civil passport;
- statement of the established form.
As a rule, registration of property rights is straightforward. This is a very simple action.
Sample
Below is a sample of a gift to the earth. This is just a template, guided by which you can easily write any gift agreement. Therefore, it should not be considered exhaustive.
How to issue a gift certificate for a land plot? This issue should not be baffled anymore. This operation does not really require any special action. Especially when it comes to a deal between close relatives.
We have studied all the features of a gift agreement in 2017. There are no more nuances in the transfer of property to donated property. This deal does not require any special knowledge from the public. She, as already mentioned, is in great demand among loved ones.
Donation helps to avoid problems with divorce. Because of this, relatives are increasingly using a similar option for transferring property to each other in life.