Donation, including an apartment, is a gratuitous transaction. The donor transfers his property (living premises) to the donee and receives nothing in return. If the contract contains an indication that the former owner receives some kind of material compensation (or reciprocal service), the transaction may be considered illegal.

In such cases, a purchase and sale or exchange agreement should be drawn up. Also, the agreement should not contain a condition on the transfer of the apartment after the death of the donor (instead, a will is drawn up).

The following conditions can be included in the deed of gift:

1. That the property will return to the donor if he survives the donee.
2. About the donor's right to live in this apartment in the future.
3. The fact that the property is not transferred immediately after signing, but after a certain time or after some event. That is, this is a promise of giving in the future.

In this case, the transfer of the apartment is formalized by an act of acceptance and transfer. When making a gift after the deed of gift has been prepared, it is not required.

You can familiarize yourself with the essential and additional terms of the gift agreement, as well as the algorithm for registering a deed of gift.

Watch the video for all about the apartment donation transaction:

Types of deeds of gift for an apartment

A deed of gift for an apartment can be from one owner or from several, as well as for one or more donees.

ATTENTION: Housing can be donated in full or only a share in it. A gift with an encumbrance is also possible.

These include, for example, a mortgage or the possibility of a certain person or people living in an apartment.

If you need to receive an extract from the Unified State Register in a short time, take advantage of the special offer from our partners below.

What right does a deed of gift for property give?

The procedure takes about a week (up to two if applied through the MFC).

The application must be completed on site. You will need 2 thousand rubles. If there is more than one new owner, the amount is divided between them.

We talked in detail about registering a gift agreement with the MFC and Rosreestr.

Differences in gifts to relatives and non-relatives

The donative share of an apartment to a relative is formalized in the same way as in the general case. The only difference is that close relatives are exempt from paying tax. These, according to Article 217 of the Tax Code, include:

• children and parents;
• grandparents and grandchildren;
• brothers and sisters who have at least one common parent;
• adoptive parents and adopted children;
• spouses.

Other relatives, such as nephews and cousins, pay tax on a general basis. It is 13% of the value of the donated share. We talked in more detail about the basis on which the tax on an apartment with a deed of gift is paid.

Reference: Inventory, cadastral or market value may be taken into account. It is specified in the contract.

Read about the peculiarities of donating real estate between relatives, and in we talked about how much it costs to make a deed of gift for an apartment from a notary for close relatives and what the cost of drawing up an agreement for other persons is.

How to donate an apartment?

With the right of lifelong residence

The donor can include in the text of the contract a clause stating that he can live in the apartment even after transferring it to another owner. His registration is also preserved. This right remains during the further sale of the property or its rental.

You can learn about the conditions and rules for drawing up a deed of gift for an apartment with the right of lifelong residence of the donor from.

With registered people

Other people may also be registered in the apartment, for example, relatives of the donor. If they are not the owners, their consent is not required. It is necessary to indicate in the contract whether they retain the right to use the housing.

We talked in more detail about how to donate an apartment if another person or a minor child is registered in it.

Upon death of the donor or recipient

If the donee dies before the donor, in general the apartment is included in the inheritance, which is passed on by will or divided between the heirs by law.

But you can include a condition in the donation agreement that in this case the apartment will return to the donor.

If the donor died before registering the transaction, the apartment is considered his property. Accordingly, it passes not to the donee, but to the heir or heirs.

You will find more information about who gets the donated apartment after the death of the donee or donor.

Donation of a share

You can donate not only the entire apartment, but also a share in it. Such transactions have some differences from the gift of entire real estate. It is imperative to indicate exactly what share is being donated - both as a percentage and by the number of square meters. If this is a room, you also need to indicate which one.

From June 3, 2016, a deed of gift for a share of an apartment or house must be certified by a notary. This is evidenced by changes in law N 122-FZ of July 21, 1997. The cost of registration consists of two parts:

1. for work of a legal technical nature (that is, for drawing up an agreement) you will have to pay from 5 to 10 thousand rubles, depending on the prices of a particular office.
2. Fee for certifying the transaction. It is 0.5% of the apartment’s value indicated in the donation, but not less than three hundred and not more than twenty thousand rubles.

The apartment can be in joint or shared ownership. Fractional ownership means that it is determined exactly what share each person owns. In this case, the owner can freely give it as a gift without asking the consent of the co-owners or even notifying them.

In joint ownership, the consent of the other owners is required. It is drawn up and certified by a notary. The cost of registration will be about a thousand rubles for legal and technical work and 500 rubles for the notary fee.

How is the deed of gift terminated?

Does the document have retroactive force?

Or cancel only for a limited set of reasons. These include:

1. death of the donee before the donor, but only if such a condition is written in the contract.
2. Violence (or even death) towards the donor from the recipient. In case of death, the heirs can return the apartment.
3. If the property was promised, but by this time the financial condition of the donor had deteriorated significantly.
4. The consent of the spouse or other co-owner was not obtained.
5. The owner of the donated apartment is a minor.
6. If the text of the gift agreement is incorrectly drawn up, including typos, inaccuracies in data, etc.

In all other cases, the deed of gift does not have retroactive effect, and it will not be possible to return the apartment back.

If you want to donate an apartment, you must fill out the documents correctly. Also, before signing the deed of gift, you need to decide whether to formalize a donation or another form of transfer, since such a transaction is almost always irreversible.

Modern realities tell us that purchasing your own home is becoming increasingly difficult. Previously, it was possible to get an apartment from the state or at the place of service, but now - by purchasing it, acquiring it with a mortgage, receiving it as an inheritance or gift. Housing prices are rising every day, and mortgage conditions are often harsh. Unfortunately, this is why the majority of fraud cases are related to the real estate market. In addition, when dividing the property of deceased relatives (and, even worse, during their lifetime), often even the closest people become enemies.

Sometimes young people are not able to purchase an apartment even with a mortgage. That is why the issue of a will or gift from the older generation is so acute. But they are also afraid of being left homeless or of being deceived or unnecessary to their loved ones.

In addition, older people often do not understand the law and do not know what they are entitled to. Therefore, the question so often arises of how to draw up a deed of gift for an apartment. What documents are needed for this? How much does the registration procedure cost and how protected are donors and their loved ones by law? Where to start a deal and what stages to go through?

General principles of gifting

Donation is the transfer of property (or part thereof) owned by a person to another person free of charge. That is, in the absence of any requirements. If there are counter obligations (for example, with the condition of the possibility of living in the transferred apartment), such a transaction will be considered invalid.

The donation procedure, its basic principles and conditions are established in Chapter. 32 of the Civil Code of the Russian Federation, as well as in the rules of inheritance legislation.

When drawing up an agreement on the gratuitous transfer of property, the following mandatory elements must be specified:

• donor details;
• data of the donee;
• an indication of a specific item being transferred into the ownership of another person;
• clear intention to transfer property;
• an indication that the transaction is free of charge.

How to draw up a deed of gift for an apartment

The gratuitous transfer of real estate is carried out according to the general rules of donating property. But there is a small addition: registration of such an agreement includes two procedures.

1. Registration of deed of gift.
2. Registration of an agreement and other documents confirming the transfer of ownership rights to another person.

You will have to go through the following steps:

• drawing up a deed of gift;
• obtaining the consent of both parties (including that it must be expressed by the donee who is ready to accept the apartment);
• collection of necessary documents;
• transfer of all papers to the relevant authorities;
• obtaining a certificate of ownership.

Range of subjects

If the question arises about how to issue a deed of gift for an apartment, you should outline the circle of persons who have the right to participate in this procedure.

The legislation of the Russian Federation provides a list of people who do not have the right to transfer housing to another person free of charge:

• minors (under 14 years old);
• representatives of minors (if the property belongs to children);
• incompetent citizens;
• legal representatives of the incapacitated (if the property belongs to the latter).

In addition, the circle of persons who can be recipients of housing is limited. The following citizens do not have the right to accept real estate as a gift:

• civil servants;
• employees of educational institutions;
• employees of medical institutions;
• social protection workers.

All these persons do not have the right to accept gifts of property from their subordinates, clients, as well as their relatives, but only from their relatives, friends or acquaintances not related to work.

Where to contact?

Where do you get a deed of gift for an apartment? Who should I contact to prepare this document?

The actual registration of the gift deed can be carried out in several ways:

• independently, having studied the necessary legislation and using a sample;
• with the help of a lawyer;
• at the notary's office.

Most often, this document is drawn up by a notary. A deed of gift for an apartment, in principle, is a simple agreement, and you can draw it up yourself. But the notary will do it quickly and take into account all your wishes, in addition, he will explain all the pitfalls that you may simply not know about.

It is not necessary to have the document certified by a notary. But many still use this service, since at any time, in every city, if necessary, they have the opportunity to receive a copy of the contract.

But in any case, the signed document must be registered with a special service of the Federal Registration Service.

Registration of a deed of gift for an apartment. Documents you will need

First of all, you need to conclude the gift agreement yourself, with the help of a lawyer or at a notary office. When submitted to state registration authorities, the document must be signed by both parties to the transaction. In addition, it is necessary to provide 3 copies: one for each participant and one for Rosreestr. A gift agreement is a deed of gift for an apartment.

What other documents will be required?

• confirming that the apartment belongs to the owner-donor;
• BTI certificate with housing inventory assessment;
• cadastral passport of the premises;
• a certificate from the passport office about all residents/registered in the apartment;
• statements from the donor and recipient of the property;
• receipt of payment of state duty;
• passports of the donor and recipient (or birth certificate of a minor).

If the transaction is made by a trustee, a document confirming the latter’s authority is required.

If the recipient is incapacitated or a minor, the consent of the legal representative.

If the apartment belongs to several persons - written permission of all owners, certified by a notary.

After all the procedures, the recipient will be given a certificate of ownership of the apartment.

Registration cost

Naturally, before registration, you need to think about how much the deed of gift for an apartment costs. How much will it cost you to draw up and register such a document?

When you draw up a contract yourself, you do not have to pay for the services of a lawyer or notary. You just need to pay the state fee for state registration. Currently, the fee for registering such a transaction at the registration chamber is 1,000 rubles. If you decide to use the services of a lawyer, you will have to pay additionally according to the price list of a legal agency or private specialist. Cost may vary. Typically, drawing up such an agreement costs from 1,000 to 3,000 rubles. The cost of a deed of gift for an apartment when executed by a notary is on average 1,500-2,000 rubles.

Taxes

Please note that when receiving any property in our country, you must pay taxes to the budget. In the case of an apartment, the donee receives economic benefits in kind, in the form of property. That is why he is required to pay income tax.

How does a deed of gift for an apartment differ from other types of transactions (for example, sales and purchases)? The tax is not paid in only one case. Namely: if the donor and recipient are close relatives. According to the Family Code of the Russian Federation, this category includes:

• parents;
• Grandmothers and grandfathers;
• children (natural and adopted);
• brothers and sisters (from the same or the same parents).

If the parties are distant relatives or are not related by blood at all, the tax amount will be 13% of the inventory value of the apartment. The price of housing is determined based on the amount specified in the contract. It corresponds to the market value and is confirmed by a BTI certificate. The apartment is assessed by BTI at your request before completing the transaction.

If the recipient does not need housing in kind, after receiving the document on ownership, you can sell it or dispose of it in another way at any time. But it should be taken into account that the sale of a donated apartment also entails the obligation to pay fees to the state. Only housing that has been owned by the owner for three or more years is not subject to taxation. Therefore, having received an apartment under a gift agreement, it is better to wait a while. It doesn’t matter which way it came to you: without taxes (from a close relative) or with them already paid.

Giving to relatives

The procedure for registering a deed of gift for close relatives is the same as for strangers. But with such action, government agencies always treat the parties more loyally and do not ask unnecessary questions. In addition, a gift for an apartment to a son, daughter, parents, grandparents, brothers and sisters is not taxed.

Distant relatives, as well as complete strangers, are required to pay a fee to the state when receiving housing for free. Its size is 13% of the inventory value of the premises.

It should be remembered that a gift for an apartment to a minor who is not a close relative is also subject to tax. But the children have no sources of their own income. Therefore, consent to such a transaction is given by the child’s legal representatives, since they will have to pay the tax.

Giving to minors

It would seem that a gift is a gratuitous transaction that does not require any money or other participation from the recipient of the property. But free is not always good. For example, not everyone can afford to pay utility bills. The premises are not always suitable for habitation and often require huge material investments.

In addition, if the parties are not close relatives, the recipient of the apartment will have to pay considerable taxes to the state, and not everyone has this opportunity. That is why the deed of gift for an apartment for a child must also be signed by someone on the part of the minor, by the person who has such a right. These may be legal representatives, father, mother, guardians or trustees.

An interesting situation arises when the official representatives of a minor transfer their housing to him. For example, a deed of gift for an apartment to a daughter is signed on the one hand by the girl’s mother and father, and on the other by them. And although they act on behalf of the child and in his favor, the agreement looks very strange to an ignorant person - as if the person is making a gift to himself.

Donation of a share (part) of housing

If the premises belong to two or more citizens as common property, before issuing a deed of gift for part of the apartment, it is necessary to allocate the shares belonging to them. They are determined in parts (for example, 1/2 or 1/3), since it is impossible to divide such a room in kind.

According to the law, a record of the right of each owner in a single apartment is registered with one number, in addition, the cadastral number is assigned to the housing as a whole. Therefore, division into shares is a prerequisite for making this type of transaction.

There are two options for registering a donation of a share of housing:

• other apartment owners;
• to other persons.

If documents are drawn up for one of the existing owners, the consent of other persons is not required.

If a deed of gift for a share in an apartment is drawn up in the name of another person who does not have part of the housing, the notarized consent of the other owners is required. If one or more owners are minors, permission from their guardians or legal representatives will be required.

Deadlines

Signing of the agreement and its registration is possible only in the personal presence of the donor (his representative). If it turns out that at the time of the transaction the owner of the apartment died (recognized as deceased), the transaction is not carried out.

Thus, the owner can only draw up a deed of gift for the apartment during his lifetime. Documents, including an agreement signed by a notary, will not be valid if there is no fact of registration of the transaction in Rosreestr.

After submitting all papers, both parties are given a notification of receipt. The registration service is provided within 20 calendar days from the date of receipt of all documents. Notification of the decision on your application comes in the form of an SMS to your phone number (if you indicated it when submitting papers) or by mail. You can obtain a certificate of ownership of an apartment at any time; the deadlines in this case are not established.

Controversy

In what cases can you challenge a deed of gift for an apartment?

The owner himself, who has transferred the apartment to another person free of charge, can exercise his right and file a claim to cancel the transaction in the following cases:

• if his health has deteriorated or his standard of living has changed significantly (when this happened as a result of the transaction);
• if the actions of the donee aimed at concluding a transaction were criminal in nature;
• if the recipient's actions in relation to the acquired property cause damage to the property and may lead to damage, loss or complete loss of housing.

If the donor has died, the heirs of the deceased can challenge the deed of gift in the following situations:

• if the actions of the recipient of the property when signing the agreement were criminal in nature;
• if at the time of conclusion of the transaction the donor or donee was part of the circle of persons who do not have the rights to carry out such actions (see paragraph “Circle of subjects”).

Also, some state and municipal bodies (for example, prosecutor, social protection), legal representatives of minors, incompetent and partially incompetent persons have the right to challenge.

In addition, the donee himself can refuse the property received by registering the refusal with the relevant authorities.

What is the difference between a deed of gift and a will?

We often hear the expression “deed of gift for an apartment.” What it is? In fact, this is a simple everyday expression and it has no practical meaning. A deed of gift and a will are completely different documents with different legal consequences. How are these transactions similar and different?

General rules:

• both documents are signed by the owner of the apartment during his lifetime;
• when making transactions, property is transferred from one party to another free of charge;
• When calculating tax, the same rules are used: close relatives are exempt from it, while distant and strangers pay.

The main differences in the disposal of property obtained in different ways:

	Donation	Will
Nature of the transaction	It is a bilateral agreement and requires the consent of both the donor and the donee (his representative).	It is a one-sided transaction and the consent of the heir is not required.
Saving the transaction form	The presence of the donor, the drawing up of an agreement and the personal participation of the party (or a notarized representative) during registration with Rosreestr are required.	Notarization of the will is required. But there is a simplified procedure (drawing up a simple written form) if the life of the testator is in danger.
The agreement comes into force	After registering it with the authorities of Rosreestr (notarization does not create any rights).	After registering it with a notary.
Obtaining property rights from the donee/beneficiary under a will arises	During the lifetime of the donor.	After the death of the testator.
Risks for the donor/testator	From the moment the agreement is registered, the donor loses ownership rights and is deprived of the opportunity to dispose of the apartment, including living in it.	From the moment the will is signed until death, the owner has all rights to dispose of the apartment. This includes the opportunity to cancel a will and dispose of property in any way (surrender, sell, donate, bequeath to another person).
Risks for the donee/heir	Once the contract is registered and title is obtained, the only risk is that a legal dispute may arise. But at the same time, the recipient has all the rights to challenge and provide evidence.	The owner can write a new will at any time; the heir may not even know about it and may not be able to protect his rights to the apartment.
Encumbrance of the contract	You can transfer property with the stipulation that in the event of the death of the donee, the apartment will return back to the donor.	The will is final and does not imply any reservations.
Mandatory share	During his lifetime, the donor can dispose of his property as he wishes. Relatives can challenge the agreement only in cases expressly specified by law (if the transaction was criminal in nature, the donor is incapacitated or a minor, etc.).	A will can be challenged if there are relatives or dependents who have a mandatory share (children, parents and retired spouses, etc.). In this case, the share under the will is reduced by the part provided by law, without the right of the heir to dispose of someone else's property.

Conclusion

So, if you have a question about how to draw up a deed of gift for an apartment, contact a lawyer, a notary, or independently study the legislation on this issue. Collect the necessary documents, obtain the consent of the other party (or its representative). Draw up a gift agreement in triplicate. Put your and the recipient's signatures on it. Contact Rosreestr with everything you need. Warn the donee (if he is not your close relative) about his obligation to pay tax and obtain a certificate of ownership.

Do you want to know a way to gift an apartment to a relative and avoid taxes? When donating, you cannot do without drawing up a deed of gift for the apartment.

The deed of gift is drawn up differently depending on the specific situation of the gift, so a notary or consultants at the MFC or the Federal Reserve System will help to highlight the nuances of each specific case of drawing up a deed of gift. Below we will look how and where to issue a deed of gift for an apartment and documents are required for this.

Concluding a donation agreement for an apartment

One of the ways to transfer ownership of real estate is through donation. Giving is a transaction. However, the peculiarity of this transaction is in its nature, namely, that it does not require any conditions on the part of the recipient, that is, it is unconditional for him. In exceptional circumstances, however, conditions may be specified in the gift agreement, and in this case, if the recipient does not fulfill the specified conditions, he will be forced to refuse the gift.

Registration of a deed of gift involves identifying the persons in whose favor the deed of gift is concluded.

It is important that certain categories of persons are prohibited from receiving gifts from subordinates, clients and their relatives, as well as other citizens. This category includes, for example, government and other employees who are permitted by law to receive gifts only from their close relatives.

Also, not all citizens have the right to transfer gifts. The following categories are legally included in the number of such persons:

1. Minors or incompetent persons. They can give anything only with the knowledge and consent of their legal representatives or trustees.
2. Also, the trustees of these persons are deprived of the right to donate property to their wards.

When making a gift, as well as during a sale, the ownership right passes to the acquirer only after registration of the ownership right with the RosReestr body. Only after re-registration of ownership rights, the owner can perform any actions with his apartment, including selling, dividing, renting and donating.

Compared to donation, it has some advantages, for example:

• If an apartment was received as a gift by one of the spouses, then during a divorce this apartment cannot be divided and remains the property of one of the spouses.
• When donating real estate, close relatives are exempt from taxes.

The main disadvantage of a gift agreement is the possibility of challenging the gift transaction through the court.

To exclude such a scenario, the gift agreement must be drawn up strictly in accordance with the requirements of the law.

How to give an apartment to a minor

If the recipient is under 14 years of age, the gift transaction is signed for him by his parents or legal representatives. If over 14 years old, he can sign the gift agreement himself, but his parents also sign.

Documents for registration of deed of gift for an apartment

To register a deed of gift for an apartment, you need to prepare the following documents:

• Donation agreement.
• A document confirming the donor's ownership of the apartment.
• An extract from the house register about all residents registered in the apartment.
• Passports of the parties to the gift agreement.
• An inventory document that is obtained from the technical inventory bureau.
• Cadastral passport of the apartment.
• If the apartment is jointly owned by spouses, the second spouse’s consent to the donation, executed by a notary.
• If the apartment becomes the property of a minor, the consent of the parents or the child’s representative. The same consent of the representative is required when donating an apartment to an incapacitated person.
• If the apartment was originally located in, it can be donated only with the written consent of all owners of the apartment.
• If the agreement is drawn up by a representative of one of the parties, a notarized power of attorney will be required.

Tax on donating an apartment is not paid only when the donation occurs between close relatives. In other cases (distant relatives or strangers), a tax of 13% of the property is paid.

Sample of a deed of gift for an apartment

How to arrange a donated apartment yourself? You can draw up a deed of gift for an apartment either independently or with the help of qualified specialists - a lawyer or a notary. A faster and better-quality contract will be drawn up by a professional, but here everyone chooses for themselves: to look for a professional who can be trusted or rely on themselves and their knowledge of the laws. Let's look at how to draw up a deed of gift yourself.

This is done in two stages:

1. We draw up a gift agreement.
2. Registration of property rights.

The donation agreement, which is drawn up in writing, must take into account the following information:

• The full names of the parties to the agreement are indicated: the donor (donors) and the recipient. In addition to the full name, the passport details of the parties to the agreement, date and place of birth and registration address at the place of residence must be indicated.
• The subject of the agreement is presented in the following text: “The donor gave the recipient an apartment free of charge, belonging to him by right of ownership, located at the address: Moscow, Aviakonstruktora Sukhoi Street, building 19, apartment 24, consisting of 2 (two) living rooms with a total area of ​​54.3 (fifty-four point three) sq. m, living area 31.4 (thirty-one point four) sq. m. The recipient accepts the gift.”
• After this, the details of the Certificate of ownership of the donor for the apartment are indicated.
• A common practice is to make a record that the donor guarantees that the apartment, prior to the conclusion of the gift agreement, is not mortgaged, has not been sold or donated to anyone, is not in dispute, under arrest or prohibited.
• At the bottom, the agreement is sealed with the signatures of the parties with a transcript.

If a deed of gift is drawn up not for the apartment, but for its share, then the donation agreement must indicate that part of the apartment is being transferred as a gift.

After the donation agreement is drawn up, the agreement is signed.

Where to register a deed of gift for an apartment

A deed of gift for an apartment can be issued at the MFC or at RosReestr, that is, at the Office of the Federal Registration Service.

To register a deed of gift, you need to have the following documents with you:

• Passports of the parties to the agreement.
• The deed of gift itself is in triplicate.
• Certificate of ownership of the apartment.
• Extract from the house register.
• Cadastral passport, apartments.
• Consent of the owners in the case of shared ownership of the donated apartment.
• Consent of parents or legal representatives for deeds of gift involving minors or incapacitated citizens.

A state fee is charged for issuing a deed of gift.

The fee is paid according to the details, which can be found in the RosReestr branch.

Registration of a deed of gift for an apartment from a notary

How to register a deed of gift for an apartment with a notary? You have the right to entrust the drafting of a gift agreement to a notary, which, on the one hand, will require additional funds to pay for services, and on the other hand, you will quickly receive the necessary agreement drawn up correctly and professionally. A notary can also certify documents necessary for a gift agreement, such as the spouse’s consent to the gift.

In Russia, the concept of “deed of gift” is often used as a synonym for will. This is a big mistake. The deed of gift has nothing to do with the inheritance procedure, except for the ability to transfer property free of charge to other hands at the request of the current owner.

Donation agreement

A written agreement on the irrevocable and free transfer of property, property rights or release from material obligations, on the basis of which one person acts as the donor, and the other as the donee is called gift agreement ().

Since the deed of gift has a contractual basis, the donee must either approve the gift or refuse it in writing, indicating the reason.

Any legally capable individual can become a donor if he has the object of the donation.

A deed of gift has legal force if the donor undertakes to transfer any values, rights or freedom from obligations in writing. Gift descriptions must be clear and detailed. Also, the deed of gift must indicate the intention to make a donation at a specific specific moment.

The donation must be made during the life and health of the donor and the recipient. If a person wishes to make a gift after his death, indicates this in the gift agreement, then such a document will be invalid.

The donation is made absolutely free of charge, without obligations and conditions to be fulfilled, as is possible when drawing up a will. That is, the donor does not receive any benefits from the recipient.

According to the law, the object of a donation can be:

• movable and immovable property, any valuables (dacha, car, house and land, jewelry and antiques, equipment, equipment);
• property rights or claims in relation to oneself, other persons;
• release from obligations (debt, for example).

In what cases is donation not allowed?

Not all citizens can donate valuable things and rights, and not everyone has the right to become a recipient. The exception is things, gifts price up to 3,000 rubles.

Donation is not carried out in accordance with:

• minors, incompetent persons;
• employees of the educational, medical, social spheres, including employees of shelters, orphanages, boarding schools;
• civil servants who occupy leading management municipal positions in the Russian Federation (banks, administrations, departments, courts, tax authorities, police).

If the donor is a minor ( under 14 years of age) his parents and guardians can handle legal formalities. Children 14-18 years old have the right to independently resolve legal issues. In order to prepare for the procedure of donating valuables to a minor, it is necessary to submit documents confirming:

1. family ties and guardianship of a minor;
2. the presence of property in a minor, as well as the right to dispose of material assets at the age of 14-18 years;
3. consent of parents (guardians) to donate the child’s property over 14 years old;
4. permission from the guardianship authorities to make transactions for the parents of the donor, who under 14 years old or permission for a minor over 14 years old independently perform legal actions.

The absence of such documents guarantees the impossibility of donating property.

Form of gift agreement

There are 2 forms of gift agreement: oral and written.

The oral form is accompanied by the transfer of rights to ownership and disposal by transferring to the recipient the object of donation or documents for it, keys, passwords without paper confirmation of the procedure.

Written form of gift agreement(you can view and download here:) is concluded by a notary in the presence of both parties. A paper form is required when:

• the gift is transferred by a legal entity, and the value of the gift exceeds 3,000 rubles;
• real estate is transferred as a gift, which must undergo state registration.

The procedure for registering a deed of gift

Writing a deed of gift is a fairly quick procedure. The legal procedure is as follows:

1. Compose at the notary gift agreement. The donor and the recipient, in the presence of a lawyer, sign an agreement in which, in addition to information about the parties, important points and distinctive features of the gift are noted:
   • what share is donated;
   • where the item of donation is located (address);
   • features of the gift (size, area, floor, brand, year of issue, color);
   • conditions of the transfer, if any (for example, until what point does the donor have the right to use the item of the gift or live in the apartment).
2. Registration of deed of gift with state authorized bodies.

   To register a gift agreement, the parties can apply at the MFC, Cadastral Chamber or URFS. List of documents that are required:

   • for personal identification - passports of both parties;
   • certificates, acts of the donor on ownership rights to the subject of donation;
   • a written agreement of the guardianship authorities for a transaction with property, if one of the parties is a minor participant;
   • a power of attorney is relevant when the donor or recipient was unable to be present in person for a number of reasons, and a proxy is present instead.

List of documents

To transfer property as a gift, it is necessary to collect many certificates, extracts and papers in advance.

Example of drawing up a deed of gift

Petrov V.S. wishes to donate his apartment to his daughter, who was inherited from his father. Together with his wife, the family lived there for 3 years, while all three family members were registered in the apartment.
The procedure for registering a gift agreement will be standard in this case. It is known that the wife’s consent is required if she is also an equal owner of the property. But in the case of a gift of real estate by V.S. Petrov, he does not need the consent of his wife, despite the fact that she lived in the apartment for a long time and was registered here. Art. 34 of the RF IC states that inheritance is not the common property of a married couple.

Conclusion

Donation agreement– the ability to permanently transfer any property for use free of charge and without obligation.

Where to start registering a deed of gift:

1. Contact a notary for advice. The registration procedure is simple, but requires a lot of documents. Tell us about the expected difficulties and features of the future transaction.
2. Notify the potential recipient of your intention to donate valuables. Since the relationship is contractual, his consent or refusal will play a leading role in the future donation procedure.
3. Collect the package of documents recommended by the notary.
4. Draw up and sign the contract with a lawyer.
5. Submit the agreement to the authorized bodies (notary) to subsequently obtain a certificate of ownership of the item of gift.

The most popular questions and answers to them regarding the procedure for drawing up a gift agreement

Question: My grandfather wants to give me an apartment as a gift because he is leaving for permanent residence in another country. What is the most profitable way for us to re-register the apartment in the name of me, that is, my adult granddaughter? By means of a gift, a will or a purchase and sale agreement?

Answer: Since you are relatives, it is most profitable and affordable to draw up a gift deed.

1. Firstly, you will be able to take ownership of the property in a short time, and not after the death of a relative, as is the case with a will.
2. Secondly, you will not have to pay tax on the gifted property. In accordance with clause 18.1 of Art. 217 of the Tax Code of the Russian Federation, being closely related to his grandfather.
3. Thirdly, donated property can no longer act as an inheritance. A will does not guarantee that the property will go to you in full.

When drawing up a purchase and sale agreement, you will be required to pay tax, regardless of the relationship.

Registration of a deed of gift for an apartment between relatives will be cheap: 0.3% of the appraised value of the property. Wherein cost of registration of deed of gift should not be less than 300 rubles.

List of laws

Samples of applications and forms

You will need the following sample documents: