Donation of various objects - apartments, houses, summer cottages and so on - is a fairly common transaction, which many Russian citizens resort to. To properly draw it up, you need to know the essential terms of the gift contract. Otherwise, in the future there is a likelihood of questions arising about the legality of such an agreement and it may be invalidated in court. You can give not only real estate, but also expensive things, cars, jewelry, collections of paintings, promotions and various securities.
Who can be given
The essential terms of the gift agreement suggest that it can be concluded both by close relatives and distant, and even completely unfamiliar people who are not related. Of course, it is difficult to assume that a large property, for example, an apartment, house, land, and so on, will be transferred to a stranger. But in life this sometimes happens. The essential terms of the gift agreement also presuppose such a development of events. Nobody has the right for you to decide to whom and what you will give and for what reasons you go to this step.
Consequently, a contract of gift of property can be drawn up not only for a relative, but also for a person with whom family ties not. It can be your friend, colleague, neighbor or just a good person.
Parties to the transaction
The essential terms of the gift agreement suggest that only two parties participate in the transaction.
One of them is called the donor (this is the one who will transfer his property free of charge), the second - the donee (the one who takes the property into ownership). The execution of a gift contract is regulated by the Civil Code of the Russian Federation (Article 572).
There can be no third party in this agreement.
Give for money
Is it possible to give my property to anyone and get at least some kind of material reward? The essential terms of the gift agreement give a negative answer to this question. After all, the main condition of this transaction is its gratuitous nature. The very word "gift" suggests that you donate your property.
The gift agreement between close relatives or strangers implies that the donor cannot demand any monetary compensation from the other party, even in the smallest amount. The donor is also not entitled to demand in return any service or counter-transfer of a particular thing or object.
Any real estate or valuables are given free of charge and free of charge.
What options can be
What will happen if the recipient received a counter grant? Then, from the point of view of the law, such an agreement will be declared null and void. In the language of the law, not having power. It can easily be challenged in court.
If the donor wants to receive something in return, then these may be other transactions. For example, sales, exchanges, others.
Another important point. A gift agreement, the sample of which is filled out correctly, may imply that the donee takes on the expenses that the donor incurs during the transaction. Then it will be legal. It will still be a deal at no cost.
Also, the donor may put forward additional conditions that may be included in the gift agreement. The right of the donor is to indicate, for example, that the apartment cannot be remodeled or sold within a certain time. The donor may also indicate which purpose of the land he wants to see and express other wishes.
Who can give
According to the Civil Code of the Russian Federation, the types of conditions of the contract suggest that both individuals and legal entities can participate in the transaction.
But there are certain limitations. So, the following persons cannot act as a party:
- Legal representatives of minors (who are under 14 years old) or legally incompetent as a donor. This rule protects the child’s property rights substantially.
- Employees of medical institutions and hospitals, educational institutions, social protection bodies and some other institutions may not be gifted if the citizen who is being treated, educated or kept in this institution wishes to act as the donor. Moreover, restrictions are imposed not only on the citizens themselves, but also on their spouses or relatives.
- Civil servants and employees of bodies of municipal formations cannot act as gifted if there is a direct connection with their official or official duties. This can be regarded as the use of one's official position for personal gain.
Some more limitations
It is worth remembering such a concept as joint ownership. For example, the terms of a donation agreement for an apartment that is jointly owned by spouses or other relatives suggest that notarized consent of all owners must be obtained. But even if the property is owned by one spouse, but it was acquired in marriage, the second spouse must give his written consent.
Also in Russia there are certain restrictions if a land plot is given. It will not be possible to give it to certain categories of foreigners (both individuals and legal entities), as well as stateless persons.
Gift Agreement Form
A deed of gift, a sample of which is uniform throughout Russia, is compulsory in writing. It must be signed by both the donor and the donee. Moreover, the law provides that it is not necessary to conclude this transaction with a notary and draw it up by notary. You can compose it yourself.
But if the parties themselves are not able to correctly draw up this document, they can turn to professional lawyers. Remember that after the gift is signed by both parties, it must be sent to the Office of the Federal Registration Service. They will register the contract and mark the transfer of ownership. And only after that the new owner can dispose of his property (if there are no reservations about this in the gift agreement).
What should be indicated in the gift agreement
A gift agreement to a relative or other person must necessarily contain the following points:
- Indication of the parties to the gift, full name, surname, middle name, year of birth, passport details, as well as the addresses where the persons are registered and where they actually live;
- indication of title documents for real estate or thing;
- a clear address of the subject of the contract (if it is a property), namely: name, location, purpose, actual area, cadastral information.
If a minor is involved in the transaction
Often, property in whole or in part is given to children who have not reached the age of majority. In principle, the drafting scheme for such an agreement is typical. Only one difference. A donation contract for a minor can be signed not by the donee himself, but by his parents or legal representatives (guardians, foster parents, adoptive parents).
But it happens that at the time of the transaction one parent acts as a donor, and the second cannot be present at the same time because of departure, due to illness or others. Then you will need to contact the guardianship authority at the place of residence.This institution gives permission for the interests of the child to be represented by another relative.
Another point - the child may not have any relatives at all. In this case, the guardianship authorities must identify their representative. It is he, on behalf of the state, who will represent the interests of the minor when signing the contract.
In this case, neighbors, educators, teachers or other persons cannot act as trustees.
What to hand over to the Federal Registration Service
For a gift agreement to take effect, it must be registered with the Federal Registration Service. The following documents must be submitted there (the list may be supplemented or changed depending on the object):
- original of the gift agreement and its copies;
- original of title documents for the property and its copies;
- copies of documents proving the identity of both parties;
- receipt of payment of state duty for registration;
- notarized consent of the spouse (or other relatives) of the donor to the gift;
- BTI passport;
- cadastral plan, if a land plot is given, and its passport.
You can familiarize yourself with this list directly at the department, where you will hand over the registration agreement.
If there are buildings on the site
Many questions arise when a land plot acts as a gift. If there are no buildings on it, then in addition to all the basic documents for this site, it is also necessary to order a certificate in which the absence of any buildings on this land will be officially confirmed.
But if there are already buildings on the land plot, no matter what size and how long they have been standing there, then they will additionally require you:
- title documents for all buildings - a house, sheds, as well as all outbuildings without exception;
- BTI passport for buildings and a house with an exact indication of the footage and actual area;
- certificate of state registration of law ownership of these facilities.
Registration Dates
As you can see, the package of documents for different occasions (an apartment or part thereof, a house or a land plot is presented) is different and specified for each specific situation. Of course, in order not to miss all the nuances, and so that the deed of gift is not later challenged in court, this issue needs to be taken seriously. It is best to seek the advice and assistance of a professional lawyer to avoid mistakes.
Remember also that the period during which a deed of gift must be registered is defined by law as one month. During this time, ownership must pass to the donee. No one has the right to increase the time for consideration. Unless such a situation may occur if you have not collected all the necessary documents.
What taxes will have to be paid
Does the fact that both parties have a relationship or not have a relationship with a donation contract? For the donor transaction itself, this does not play any role. The registration procedure, a list of required documents, deadlines and all other points are the same for relatives and for strangers.
The only significant nuance in only one thing is the payment of taxes. The tax code states that when this type of transaction is concluded, the other party (the donee) must pay income tax on individuals. It is equal to 13 percent of the cost of housing, which is estimated at the BTI. It is important to pay attention to this point - not the market value of housing, but rather the valuation of BTI.
But if there are family ties between the donor and the donee, then such a tax is not paid. The list of relatives is indicated in the Family Code of the Russian Federation. It can be spouses, children and parents, grandparents, grandchildren. The same applies to adopted children and adoptive parents. The so-called half brothers and sisters who share a common mother or father enjoy the same rights.Only these individuals are exempted from the 13 percent tax. But for such a release, it is necessary to provide documents that certify the fact of kinship of one degree or another. In this case, a tax return is submitted to the tax office stating that you are exempt from paying taxes and the relevant documents. This is a mandatory moment, and a declaration is submitted even when the law does not require tax to be paid.
