The question of whether it is necessary to notarize a deed of gift is a question for many citizens. This operation is usually used to transfer a property to a new owner. So, violation of the established legislation can lead to invalidity of the transaction. Therefore, you have to carefully study all the features of the design of gifts. What is required for this? Is it really necessary to go to a notary without fail in order to bring ideas to life? Or are there other arrangements in Russia?
Definition
Do I need to notarize a donation agreement for an apartment or other property? There is no single answer to this question. It all depends on the circumstances.
It should be understood that a gift is a contract indicating the transfer of property from one person to another. At the same time, there is a gratuitous basis. The donor does not receive anything for the transaction. He simply gives available property to someone.
A similar scenario in Russia is becoming more and more common. Especially among relatives and in families where they are not sure of marriage. After all, property received under a gift contract is not subject to a mandatory division. She is recognized as the personal property of the donee.
The legislative framework
Do I have to notarize a deed of gift? The answer to this question will help clarify the design features of the gifts. Enough to study the current legislation.
A deed of gift is a civil law document. Accordingly, it is necessary to turn to the Civil Code of the Russian Federation. It contains all the features of compilation of gifts.
Ambiguity
Do I have to notarize a deed of gift? Having studied the current legislation of Russia, we can conclude that there is no single answer to this question.
Article 574 of the Civil Code of the Russian Federation indicates that, in principle, a deed of gift can be executed both orally and in writing. It all depends on what kind of object is transmitted by gift.
The property
Is it mandatory to notarize a deed of gift? As already mentioned, the type of property being transferred plays a decisive role in this process.
In the case of donation of real estate, as a rule, donations are made out in writing and in the presence of a notary. There is no way to do without it. This is indicated by the Civil Code of the Russian Federation (Article 163).
Usually, the need for notarization is associated with the fact that in the future relatives may have disputes regarding the legality of the transaction. Notarization of documents will indicate that the gift took place legally.
Other property
Do I need to notarize a car deed of gift? As we have already found out, the presence of a notary is not always required. Nevertheless, it is advisable not to neglect it.
If non-real estate is donated, you can do without the participation of third parties in the process. Such gifts may be issued orally. But only on condition that in the future there is no need to prove the fact of transfer of property to property.
Practice
It is clear whether it is necessary to notarize a contract of donation of money or other property. Based on current legislation, it follows that a notary is not always required. In some cases, a verbal agreement between the parties can be dispensed with.
But in real life, everything is not as simple as it seems. More and more often donations are made out in writing and only in the presence of a notary.Such a technique, as we have already found out, will secure the operation and will be able to indicate the legitimacy of the transaction. Notarization of the contract is the legal protection of the parties in the future. In disputes, it will be possible to prove the fact of the transfer of property by donation without problems.
Donor Status
But that is not all. There is another feature of the operation under study that you need to know about.
The thing is that the need to contact a notary depends on the status of the donor. If we are talking about individuals, then the operation does not always require notarization of the agreement. In cases of transfer of property by a legal entity, applying to a notary by law is a mandatory procedure. Otherwise, the transaction shall be declared invalid.
Benefits of handling
As we have already found out, the bulk of the population prefers to immediately turn to notaries when drawing up gift contracts. There are reasons for that. In fact, such a step has many advantages.
Namely:
- lack of attacks on property from notary clients;
- notary actions are performed on behalf of the state and on an independent, disinterested basis;
- notarization is possible only if the applicable legislation is complied with;
- all operations conducted by an authorized person are regulated by law;
- a notarized deed of gift is a means of protecting the rights of a citizen in the future.
Usually the actions of a notary are not cheap. Nevertheless, the cost is fully justified. Especially if disputes about the gift contract in the future are not excluded.
Apartments and gifts
Now a little about the features of the gift of real estate. Do I need to notarize a contract? Yes. But there are several more features of donating apartments. Which ones? What you need to know about this procedure?
A notarized donation contract for an apartment allows you to transfer not only all the property, but also part of it to the donee. The requirements for a transaction when registering gifts for a part of an apartment do not change. The notary will have to contact the location of the property.
If you plan to present an apartment / house that is in joint or shared ownership, you will have to obtain the consent of the remaining owners of the property for the operation. All agreements must be certified by a notary.
When participating in the transaction of minors, the presence of guardianship authorities is necessary. They give consent to the gift. The presence of legal representatives of the child is also required.
Also, when donating housing, it is mandatory to assess the value of the property. The relevant clause must be indicated in the contract.
New standards
In 2016, some changes occurred in the legislation of the Russian Federation. Amendments to Law 122 of July 21, 1997 indicate that a notary must be present in gift deals only in a few cases.
Which ones? These include:
- giving a share in a common apartment;
- alienation by all owners of the apartment of their shares in a single transaction.
An exception is the execution of a deed of gift to the earth. From the foregoing, it follows that the above agreement since 2016 (certification of a transaction by a notary) has become optional.
About cost
Do I have to notarize a deed of gift? Yes, when it comes to real estate and the need to protect their rights and interests in the future.
It should be noted that document certification services require payment of a state fee. The amount of payment depends on the degree of relationship of the parties and the value of the property.
If you plan to issue a gift for a share in the apartment, then in any circumstances 0.5% of the value of the property will be charged. At the same time, the minimum duty is 300 rubles, and the maximum is 20,000. In addition to everything, a technical assessment can be carried out at a cost of up to 8,000 rubles.
Transaction Procedure
Now it’s clear whether you need to notarize a deed of gift.Since 2016, citizens are not obligated to do this if it is a gift for the whole property, and not for its share. Nevertheless, experts recommend a deal with a notary public. So it turns out to secure the operation and prove its legality.
To draw up a gift agreement, you will need:
- Form a package of documents necessary for transferring ownership.
- Write a deed of gift with a detailed description of the gift object.
- Make payment of state duty.
- Contact a notary with prepared papers and sign an agreement.
- Obtain ownership of the property through Rosreestr.
In reality, such a deal does not require any special knowledge and skills from a citizen. The main thing is to prepare the documents correctly.
About Documents
A notarized deed of gift (apartment, house, land, car) is a guarantee of security in the future. To transfer property on a donation, you will need some package of documents.
These include:
- gift;
- receipt of paid duty;
- passports of the parties;
- documents indicating ownership of the property;
- cadastral passport (for real estate);
- the consent of all property owners to the operation;
- permission of guardianship authorities (in a transaction involving minors).
It should be noted that it is impossible to demand money for a gift. If the fact of transfer of property on a reimbursable basis is proved, the transaction is canceled. It is simply invalidated.
findings
Do I have to notarize a deed of gift? From now on this question will no longer cause any difficulties. The thing is that the presence of a notary at the signing of the donations greatly simplifies life. Especially if citizens ask an authorized person to help them draw up a contract.
Important: the agreement on the transfer of property as a gift in this case is made in 3 copies. One for each of the parties and one to the notary public.
The studied topic does not provide any more features. After signing the gift agreement, the recipient of the property will have to formalize the ownership of gifts and pay taxes in the established amounts (13%, personal income tax). Only close relatives are exempted from taxation.
It is customary to relate to close relatives in Russia:
- children
- parents
- grandparents;
- grandchildren;
- spouses.
Nevertheless, it is recommended that you act through a notary public even when applying for gifts of close relatives. It is forbidden to indicate in the agreement the transfer of property to the property after the death of the donor. Under such circumstances, the contract will be canceled, even if a notary participated in the transaction.