In fact, there is no term of gift in the law, but there is a gift agreement. Moreover, people often think that donation is a one-sided transaction, that is, a person only needs to give it. But a gift agreement is a bilateral agreement, because the donee may not accept the gift. It turns out that donation requires both the desire of the donor and the consent of the recipient, that is, two parties.

Dmitry Kornev

The second feature of the gift agreement is gratuitousness. If the recipient of the gift makes any counter-actions on his part, for example, transfers money in return or donates his real estate, this is no longer a gift, but an insignificant or sham transaction. In essence, such a transaction becomes a purchase and sale or barter, but not a gift.

Let's figure out what should be in the gift agreement and in what case you will need a notary to draw it up. If you don’t have time to read the entire article, you can download our apartment donation agreement form and fill it out on your own behalf. But this is only if you do not need a notary.

Registration of a deed of gift for an apartment

Features of a deed of gift for an apartment

Form of agreement. By law, a gift agreement can be concluded either orally or in writing. But if you are going to give real estate as a gift, you must draw up an agreement in writing and register the transfer of ownership with Rosreestr. If the agreement is not in writing, it is considered invalid, and if it is not registered, it is not concluded. You cannot simply transfer documents for an apartment.

In ordinary cases, notarization of the agreement is not required. A notary is needed if they donate not the entire apartment, but, for example, just a room. Or if the apartment has several owners and only one of them wants to give a part to someone else. A notary is also required if the owners of the apartment or part of it are minors or the donor has limited legal capacity.

From July 31, 2019, the rules on the mandatory participation of a notary in transactions with shares were changed. If the donation of all shares is carried out under one transaction, a notary is not needed. All apartment owners can donate their shares under a gift agreement without the participation of a notary. A notary is still required only if the share is donated by only one of the owners.

What are the requirements for participants in the transaction?

There are mandatory requirements for the donor:

1. Legal capacity. The one who is aware of his actions and controls his actions can give. For example, a minor cannot donate his share in an apartment.
2. Mental health and mindfulness. A gift may be invalidated if the person gave under duress or did not realize what he was doing.
3. Ownership. A person must own what he gives.

Donating real estate between two legal entities is prohibited - that is, one company cannot donate an office to another. But if the office belongs according to documents to the director, and not to the company, the director can donate it to another company. And vice versa: a company can give an apartment to its employee.

What documents are needed for registration?

To draw up a gift agreement, you will need the following documents:

1. Passports of the parties to the agreement - the donor and the donee.
2. Documents that confirm the rights to the apartment - a certificate of ownership or an extract from the Unified State Register of Real Estate.
3. Sometimes they may ask for a technical passport, but usually it is not needed. You will definitely need it if you are donating an apartment that was privatized but not registered in the cadastral register. This happens with old apartments owned by older people.

According to the law, it is not necessary to draw up a transfer and acceptance certificate. But it is better to draw it up - this will avoid mutual claims and problems if the signing of the agreement and state registration are significantly separated in time. Although the gift agreement is considered concluded from the moment of registration of the transfer of rights, the transaction itself is considered completed from the moment the gift is transferred to the donee.

For example, the donor signed a gift agreement and a deed of acceptance and transfer, but did not have time to register the transfer of ownership because he died. The act will help prove that actual ownership has passed to the donee and register the agreement in court.

Where to register a deed of gift for an apartment

Contact a realtor or lawyer. They will draw up the agreement themselves, and the parties will only have to sign it. Lawyers, as a rule, are much cheaper, and the likelihood that they will draw up a contract correctly is greater.

Prepare a deed of gift at the MFC. Some MFCs have separate commercial services that fill out contract templates for a small fee. For example, in Moscow or St. Petersburg These are services under the Unified Document Center.

I already wrote when a notary is required. For other cases, the donation can be registered with a notary if desired.

On one's own. To do this, you need to download and fill out a simple written contract form. I will give it below and explain how to fill it out correctly.

How to save, spend less and earn more

How is the deed of gift completed?

The procedure for drawing up a deed of gift for an apartment from a notary. With notaries everything is simple - bring documents, pay money and sign an agreement. The notary is required by law to explain every word in the contract to you if it is not clear. A notary can also register the transfer of rights to an apartment - and much faster than if you go it yourself. When a transaction is formalized by a notary, he must provide services for electronic registration of the transfer of ownership, that is, he himself submits all the documents to Rosreestr for you. And it's much faster than doing it yourself.

Sample filling. If you decide to draw up a contract yourself, download and fill out the template. Here's what you need to include:

1. Full name and details of the parties. These include passport details and registration. Moreover, registration should be indicated strictly in the same way as in the passport, including the abbreviations used.
2. Details of the apartment: address, cadastral number, entry number in the Unified State Register and the date of its assignment, as well as the grounds for the emergence of rights to the apartment - purchase and sale agreements, donations, etc., acts of acceptance and transfer. If there is a certificate for the apartment on stamp paper, you should indicate its series, number, as well as when and by whom it was issued.
3. It is recommended to decipher the signatures of the parties in full: full name in words and signature.

How much does it cost to issue a deed of gift for an apartment? The cost consists of several parts: drawing up an agreement and state registration fees.

How much does it cost to issue a deed of gift for an apartment? The cost consists of several parts: drawing up an agreement and state registration fees.

Realtors rarely charge less than 10 thousand rubles for a contract, but lawyers can do it for 5 thousand. There is no single price here, and everything depends on the prices of the contractor.

Notarization of the contract costs more: 0.5% of the cost of the apartment (or share in the apartment), but not less than 3,000 rubles, plus approximately 4,300 rubles for technical work. That is, at a minimum it will cost no less than 7,300 rubles. The tariff for technical work differs by region and is set by the notary chamber of the region. Since February 2019, there is no need to pay a notary for electronic submission of documents to register the transfer of ownership - now they do this at no additional charge. Before this, it was necessary to pay separately for certification of the contract and for submitting documents to Rosreestr.

Specialists at the MFC are much cheaper than lawyers, notaries, and realtors. As a rule, they ask for around 2 thousand rubles, but not every MFC has them. In Moscow and St. Petersburg this service costs 2500 rubles. If you draw up an agreement with them, the transaction will be registered within the usual time frame, unlike a notary one.

Prices for drawing up a gift agreement

Through a realtor

What is the price

from 10,000 R

Registration deadlines

up to 10 days

Through a notary

What is the price

from 7300 R

Registration deadlines

At the lawyer's

What is the price

from 5000 R

Registration deadlines

up to 10 days

At the MFC

What is the price

from 2000 R

Registration deadlines

up to 10 days

The state fee for registering the transfer of ownership is 2000 RUR. Usually it is paid for by the donor himself through government services or through MFC terminals. The MFC usually has a consultant who will tell you how to pay correctly and with what details. You can also pay the fee through a bank.

If the donor is married, the notarized consent of the spouse is required to enter into a gift agreement. It costs approximately 1800 rubles.

If the recipient is not a close relative, he will have to pay personal income tax after receiving the gift - 13%. We have already written about

Prepare a deed of gift at the MFC. For a gift agreement to be considered concluded, the transfer of ownership from the donor to the donee must be registered. To do this, you need to contact any MFC that provides Rosreestr services. Moreover, you can choose a multifunctional center in any city and not be tied to the place where the property is located.

The MFC will need the following documents:

1. Passports of the parties - the donor and the donee.
2. Application for registration. It will be prepared by an MFC specialist upon application.
3. Title documents for the apartment from the donor. These are documents on the basis of which the donor has acquired ownership of the apartment, for example, a purchase and sale agreement or a privatization agreement.
4. Permission from the guardianship authorities if the donor is a minor or has limited legal capacity.
5. Consent of the spouse if the donor is married.
6. Receipt for payment of state duty 2000 RUR.
7. Donation agreement in three copies. If there are more than two parties to the agreement, for example, two donors or donees, the number of agreements for registration should always be one more than the number of parties to the agreement. This is due to the fact that one copy remains in the Rosreestr archive. If one of the parties loses the contract, it can contact Rosreestr to restore it.

They will accept your documents and issue you a receipt. According to general rules, an agreement is registered within 10 working days, but in practice it usually happens earlier. After registration, the recipient can come with a receipt to the same MFC and receive an extract from the Unified State Register. It will indicate that he is now the owner of the apartment. The donor does not have to come.

If the gift agreement is notarized and submitted for registration electronically by a notary, the registration period is reduced from ten to three working days. This is due to the fact that the Rosreestr standard for registering notarial transactions is one day, and the notary sends documents for registration to Rosreestr within 24 hours from the date of certification. Therefore, you can get the registered contract back within two days.

If you need an extract from the USRN, you will have to pay for it separately. Since registration through a notary takes place electronically, the notary also receives an extract from the Unified State Register with new data electronically. If the recipient needs a paper statement, a notary will certify an electronic one for 300 rubles.

What are the validity periods of the deed of gift?

You can sign a gift agreement, but not register the transfer of ownership. Since the gift agreement does not have a validity period, it can be submitted for registration at any time. But if the donor is married, the spouse’s consent will most likely have to be renewed.

Until the transfer of ownership is registered, the donor will remain the owner. Accordingly, he bears all the costs of maintaining the property and pays property taxes. As soon as ownership passes to the donee, responsibilities for maintenance and taxes also pass to him.

The donor can cancel the donation. But this requires strictly defined conditions - if the donee made an attempt on the life of the donor or his close relatives. It is impossible to simply cancel the donation if the transfer of ownership has already been registered, only through the court.

Is it possible to challenge a deed of gift and how?

You can challenge the donation. First of all, this applies to spouses when one, for example, gave an apartment without the knowledge of the other. But this rarely happens. As a rule, state registrars do not accept documents if there is no notarized consent of the spouse for the donation. In any case, a donation can be challenged only in court and only within the limitation period - from one to three years, depending on the grounds for the challenge. This is all complicated and

The transaction can also be challenged by bankruptcy trustees for individuals and bailiffs if the donor has debts under court decisions that could be covered by the donated real estate.

Pros and cons of registering a deed of gift for an apartment

If you want to make a transaction between close relatives, it is easier to give it as a gift. If the relatives are not close, donation is unprofitable. Technically, it is possible to disguise a purchase or sale as a gift, but this is illegal. And such a transaction may be considered a sham, and the court, based on the claim of an interested party, may be declared invalid.

Such cases often occur when an apartment has several owners and one of them gives his share to a stranger. But in fact he does not give, but sells. Other owners by law have a priority right over all other buyers to purchase this share. But the seller tries to circumvent this right by disguising the sale as a gift. Therefore, if you buy a share through a gift, there is a risk of ending up in court and finding out that the agreement is invalid. In this case, the share will have to be returned to the seller, and he, in turn, must return the money he received for it. But by this time they may no longer exist.

A citizen is free to independently dispose of his property. If we are talking about an apartment, he can sell it, mortgage it or give it to another person. Such rules are enshrined in current legislation. Donating an apartment to another person must comply with the established rules. In another situation, the transaction can be challenged. To minimize the number of errors, it is better to use sample agreement for donating an apartment between close relatives presented on our website, 2020 version. With its help, a citizen will be able to quickly prepare a document and conclude a deal. Completing the procedure requires preparing a large package of papers.

The contract must be drawn up in accordance with established requirements. In a number of situations, a citizen may be refused a request to register an agreement regulating the gratuitous transfer of an apartment.

To ensure that donation does not cause difficulties, it is worth studying all aspects in advance. A professional can help in concluding an agreement on the transfer of real estate between close relatives, but his services are expensive. A citizen can complete the procedure independently if he complies with all existing requirements.

Violation of at least one of them may cause the gift agreement to be declared invalid. We will talk further about what documents will be required to formalize the procedure for transferring real estate to a close relative, the specifics of its implementation and the requirements that must be observed.

If a donation agreement for a residential apartment is drawn up between close relatives, the real estate becomes the property of the person to whom it is transferred. Rosreestr is engaged in registration of deeds of gift. You can find a branch of a government body in any locality of the Russian Federation. To make a gift between close people, the person who owns the property and the recipient of the property must visit the branch of the government agency together. If one of the parties for any reason cannot be present during the registration of the transaction, a power of attorney will be required. It must be certified in accordance with established requirements. In this situation, a third party will represent the interests of the party. It will not be possible to perform the manipulation without preparing a package of documents.

To formalize a standard transaction for donating a house, room, apartment or garage to a close relative, in 2020 you must provide the following to Rosreestr:

• Statement by the donor who owns the property by right of ownership. The document is drawn up in free form;
• A receipt confirming payment of the state fee for registration of the contract. To pay, you need to obtain details from Rosreestr in advance and deposit funds;
• Passports of the donor and recipient.
• Original and copy of the gift agreement (drawn up in at least three copies).
• Technical passport of an apartment, non-residential premises or room - original, certified copy.
• Certificate of family composition of the donor. The document must contain information about the number of persons registered in the apartment.
• Cadastral passport of the apartment - original and certified copy.

To formalize an apartment donation agreement between close relatives, you need to prepare a package of documents in advance. All photocopies provided to Rosreestr are certified. The easiest way to perform this action is to contact the passport office or another government agency that provides a certificate of family composition. Papers can also be certified by a notary. However, you have to pay for this procedure.

Apartment donation agreement between close relatives - list of requirements

In order for a document to be recognized as valid, the contract must be drawn up in accordance with all the rules, in triplicate.

The document can be printed on a computer or drawn up by hand; sample agreements are available on our website.

The choice of method depends on the convenience of the donor. However, experts advise downloading a sample apartment donation agreement for Rosreestr and filling out documents based on it. This will minimize the number of errors.

Regardless of which method of execution of the paper regulating the gift between close relatives is chosen, the document must reflect the following information:

• the place of drawing up the donation agreement and the date of the procedure;
• passport details of the donor and recipient of the gift;
• a list of documents that confirm that the apartment is owned by the person transferring it free of charge;
• information about who will pay registration costs;
• ready agreement;
• date of entry into force of the agreement;
• address of the apartment donor and the donee;
• signatures of the parties to the transaction.

The law allows the transfer only of property that is not encumbered. The opportunity to conclude a donation agreement for an apartment is provided only to a legally capable citizen who understands the essence of his actions and is aware of it. This fact needs to be confirmed. A doctor’s certificate should be attached to the general list of documents.

If an agreement on the transfer of an apartment as a gift is drawn up on several sheets, they all need to be sewn together.

The place of stitching must be secured and it must be indicated who is transferring the apartment and to whom. A similar action must be performed with all copies of the contract.

Procedure for registering an agreement to donate an apartment to a close relative

When the documentation package is prepared, you can go to the Rosreestr office. An application for registration must be prepared at the office of the government agency. The document form is provided by an employee of the government agency who accepts the papers. The donor or his representative must write the application. If the donor encounters difficulties during the registration of the agreement for the gratuitous transfer of an apartment, you can contact a Rosreestr employee for help. Don't be shy. The donor signs the completed application. The package of documents can also be sent by mail. If the donor has chosen this method of transferring papers, the application form will need to be filled out in advance. You can find a sample of it on the Internet.

If sent by post, documents must be sent by registered mail with acknowledgment of receipt.

When the documents arrive at the department of the government agency, its employee will familiarize itself with the papers. According to the agreement, the apartment is registered after the following steps:

• The registrar will accept documents if they meet the established requirements. A thorough examination will take place. The donor and recipient of the apartment must be prepared for the fact that additional certificates and documentation will be required.
• An entry is made in the Unified State Register. The action is performed only if all papers are in order.
• The transaction participant then provides evidence that the action was completed successfully. When the certificate is received, the donee becomes the full owner of the property.

According to the agreement, the apartment is registered with the Federal State Registration Service. If the donor decides to challenge the concluded agreement, actions can only be taken through the court.

Types of gift agreements

Type of agreement	Peculiarities
Standard	A simple type of agreement that contains information about the parties to the transaction and the object that is transferred to another person. Typically, if such a document is drawn up, the new owner will be able to take over the rights upon completion of the registration procedure.
Agreement-promise	In addition to standard information, the document contains the requirements imposed by the donor on the donee. Thus, the owner of the property can indicate that the rights to it will be transferred to the new owner only in the event of marriage.
Gift deed during life	The agreement is valid as long as the donor is alive. The paper will be canceled if the owner of the property dies and the re-registration of ownership has not been carried out.
In favor of a third party	The document reflects information about the transfer. This means that the property can subsequently be transferred to a third party.
Gifting to multiple recipients	An agreement is concluded if the owner of the property wants to transfer the property to several persons at once. Each recipient will receive a share in the apartment.
With an inventory of property	The inventory is carried out at the request of one of the parties or if the property has valuable content.
Gift between close relatives	The document differs from others in the presence of an additional clause that provides evidence confirming the relationship of the parties to the transaction. Such paper will allow you to avoid paying tax on the gift of property.
Donation of real estate purchased with maternity capital	Information that the property was acquired using maternity capital funds must be reflected in the contract. The transaction will be verified by representatives of the guardianship authorities. This is done in order to prevent violation of the rights of the child.

Transaction period and manipulation price

If no violations are found during the study of the documentation package, the registration of the apartment donation agreement in Rosreestr is carried out within 10 days. The report begins from the day the documents are accepted, and the corresponding mark is made in the accounting journal. After submitting the paper, the donor receives a receipt. It will indicate the list of documents submitted and the deadline for completing the verification procedure.

If some papers raise doubts among a Rosreestr employee, the donor will be sent a letter containing a list of documentation that will need to be prepared additionally.

In this situation, the transaction processing period will be extended. However, the maximum period cannot exceed one month. A state fee is charged for registering a gift agreement. Its size in 2020 is 2000 rubles. The citizen independently decides when it is necessary to deposit funds.

You can find out the details for transferring state fees:

• by contacting the bank;
• search on the Internet;
• by independently visiting the Rosreestr branch.

Payment is made through a branch of the credit institution. When carrying out manipulation, it is imperative to receive a check. It is worth making a photocopy of it and attaching it to the general package of documentation.

When will the donor's application be rejected?

If an apartment, non-residential premises or room is donated to a close relative, a citizen must be prepared for the fact that he may be refused registration of such a transaction.

Such a decision may be made in the following cases:

• the application was made incorrectly;
• the application is signed not by the donor himself or his representative, but by third parties;
• the registration certificate contains information for the entire apartment, but the person transferring the property is the owner of only a share;
• not all signatures are present in the gift agreement;
• the donor's property is encumbered;
• the state fee has not been paid or has not been paid in full.

Registration of a gift agreement in Rosreestr will be carried out only if all the conditions for the procedure are fulfilled correctly. An agreement drawn up according to the rules allows you to transfer the property of the donor to the donee free of charge. If the persons involved in the transaction make a mistake, registration of the agreement will be refused. If the transaction is nevertheless registered, it may later be declared invalid.

This article will help determine what needs to be taken into account when drawing up an apartment donation agreement, which persons pay the tax fee, and which are exempt from payment. You will also find out what package of documents you need to have in order to take ownership of real estate and which government agencies you need to contact.

Donation of an apartment- this is a complex process that needs to be legally formalized. Among all types of valuables (family jewels, silver cutlery, money), real estate is the only one that requires registration in accordance with the rules established by law.

It is important to remember that by donating square meters, the owner is giving away the living space free of charge. The apartment donation agreement does not provide for the transfer of funds for the property received. If the agreement states that the owner of the apartment receives money for the property, the transaction may be canceled and declared illegal. If the owner wants to receive compensation, it is recommended to draw up a purchase and sale agreement.

Donating an apartment, what do you need to know when registering?

If, after his death, the donor wants the apartment to be transferred to another person, it is not recommended to indicate this data in the agreement. To do this, it is better to draw up a will.

Procedure for donating an apartment

Donating an apartment in 2019 begins with drawing up an agreement and collecting a package of documentation.

You can complete the transaction either independently or with the help of a notary (application to a notary increases risk reduction).

The agreement is signed by both parties, which indicates that the residential property passes into the ownership of another owner. Drawing up a contract is an important point; the document contains many legal nuances and aspects that must be displayed.

Afterwards, a package of documentation is collected and sent to Rosreestr, where they will make a note that the property has a new owner.

Sample apartment donation agreement will help determine what main nuances should be displayed in the document.

Important! The main document for conducting a donation transaction is, which you can order on our website.

Types of deeds of gift for an apartment

The agreement to donate an apartment to a relative can be of several types, depending on whether the entire property or a share is transferred and the number of owners. Another type of deed of gift for an apartment is a gift with an encumbrance.

Drawing up a contract yourself

The seller can draw up an agreement on his own; the law does not prohibit such a procedure. The only caveat is that all points must be drawn up correctly.

A sample agreement for donating an apartment between close people will help you understand what points should be included in the agreement.

It is important to remember that independently drawing up a contract with errors can lead to the cancellation of the transaction and its recognition as illegal.

Before drawing up a contract, it is necessary to correctly enter data about the property.

The sample donation of an apartment contains the following main points:

1. What is the subject of donation? The agreement must indicate square meters, address, how many rooms, if a multi-storey building, then on what floor the apartment is located, telephone number.
2. Who is the party to the transaction? It is necessary to register the details of each party, for example, passport details, full names, where the persons reside at the time of drawing up the agreement.
3. When and on what date the transfer took place.

The agreement is confirmed by the signatures of both parties. This is only the first stage of the transaction; then the new owner must assume legal rights.

Actions after drawing up the clauses of the agreement:

1. Write an appeal to the MFC or the Registration Chamber.
2. Pay the state duty
3. Receive a certificate indicating that the application has been accepted.
4. Come for help.

Registration through a notary

Drawing up documents for donating an apartment through a notary deprives the parties of the need to take an active part. The notary will draw up an agreement on his own, which will help to avoid mistakes and the transaction will take place within the framework of the law.

If all expenses are paid, the specialist can independently submit documents to all government agencies. All the parties need to do is sign.

Conditions and rules for donating an apartment

Donating an apartment between loved ones is a responsible process where you need to think through every step. The owner of square meters must do this consciously, understand that after the transfer of the residential property the owner will change.

There should be no pressure from the receiving party; no money is paid when transferring property.

The basic rules include:

1. Only the owner can transfer a residential property.
2. This is a voluntary process.
3. A minor can accept an apartment, but not as a gift.

The same conditions are suitable for a donation agreement for a share in an apartment or the entire property.

What right does a deed of gift for property give?

What right does a deed of gift for property give? A donation agreement for a share in an apartment or the entire property does not limit the rights of the new owner. The main thing is that the transaction is completed correctly, in accordance with the law.

The resulting square meters can be sold, transferred to another person, or lived there independently. The old owner no longer has rights to the apartment.

When does it take effect?

When does it take effect? After drawing up the agreement and accepting the terms by the parties, the collected package of documents is submitted to Rosreestr. This body issues a certificate of assignment of ownership rights to the new owner, after which he will become the legal owner.

Donation of an apartment with the right of lifelong residence

If the donor plans to live in the apartment even after the property is transferred to the new owner, the agreement must include a clause on the right of lifelong residence in the residential property.

If there is a clause in the donation of an apartment with the right of lifelong residence, the grantee has no legal grounds to prohibit the donor from using the property. If the gifted person does not comply with the terms of the agreement and prohibits using the apartment, these are all grounds for appealing to the courts.

Donating an apartment to a minor child

The owner has the right to donate a share in the apartment or all property to a minor. A minor has the right to live in an apartment and do everything with it that is not prohibited by law.

The law does not reserve the right to sign for a minor (he is a legally capable subject), therefore, when donating an apartment to a minor child, parents or an official guardian can sign the documents.

Donating an apartment to a married son/daughter

Parents, being married, can give an apartment to their son or daughter. Often the party receiving the property has a question about whether the apartment will be divided if the parents divorce.

Experts answer this question in the negative. Parents may only have rights if their living conditions have improved, for example if they have invested in renovations.

Do you need your spouse's consent to donate an apartment?

Donating an apartment between relatives or donating an entire residential property requires the consent of one of the spouses. Do you need your spouse's consent to donate an apartment? If square meters were acquired during marriage, they will be assessed as jointly acquired property.

Consent is then a prerequisite. To obtain consent, you must contact a person authorized to certify legal documents (notary). Consent is provided only in writing.

Differences in gifts to relatives and non-relatives

When preparing documents for the transfer of a residential property to another person, all owners must adhere to the same procedure regulated by law. When transferring an apartment to a relative as a gift, the seller is exempt from paying tax.

The tax is not paid if the square meters are transferred between the following relatives:

1. Parents transferring an apartment to their children.
2. Grandfathers and grandmothers passing on living space to their grandchildren.
3. Sisters and brothers who have a common parent.
4. The adoptive parent transfers real estate to the adopted person.
5. Spouses.

If brothers and sisters are cousins, or property is transferred to nephews, payment of tax is mandatory. This is the difference between gifts to relatives and non-relatives.

The tax amount is 13% of the total amount of real estate.

When can you sell an apartment after donation?

When can you sell an apartment after donation? After donating an apartment, you can sell a residential property immediately, but experts recommend waiting. The apartment is transferred to the donor under a gift agreement; accordingly, he does not pay money for it.

There is such a nuance in the legislation: if real estate has been owned for less than three years, then in case of sale the owner pays a tax in the amount of 13% of the amount of income.

Does the document have retroactive force?

An agreement on donating a share of an apartment to a close relative or donating the entire property has retroactive effect. The agreement can be terminated out of court or in court.

Does the document have retroactive force? When drawing up a gift agreement, experts recommend simultaneously drawing up a termination agreement. The deed of gift is drawn up in writing and signed by both parties. If the document is certified by a notary, the cancellation of the deed of gift must also be certified by a notary.

If the owner decides to reject the gift agreement, the agreement must indicate:

1. When was the contract concluded and when did it happen?
2. The main purpose of the document is to cancel the deed of gift.
3. When and on what date was the agreement signed?
4. Information about real estate transferred as a gift.
5. Number of copies.

It is important to indicate in the document what expenses the parties incurred and within what time frame they will be compensated.

The document has retroactive force even after registration. To do this, the former owner needs to submit an application to cancel the registration.

If the old owner understands that the reasons for termination are justified, but in fact it was not possible to terminate the contract, it is recommended to go to court. When submitting an application to the court, you must have substantial evidence of the reasons for termination of the agreement and attach it to the package of documents. For example, you can attach photographs or video materials or involve witnesses.

Taxation when donating an apartment

The first expense that one of the parties will incur is real estate tax.

Since square meters are transferred under a gift agreement, the gifted person does not pay any money for housing. The exception will be tax.

When calculating tax, you need to use a standard formula; the interest rate depends on the subject. If the new owner lives in Russia for more than 6 months, or is abroad for more than six months, such a person will be considered non-resident. Accordingly, the tax amount will be 30% of the total value of the property received.

In all other cases, the tax amount when donating an apartment will be 13% of the total cost of the apartment.

Tax deduction for donating an apartment

In its usual form, a reduction in the tax base when receiving real estate under a gift agreement is not provided. When receiving square meters as a result of a gift, there are citizens who must pay the tax fee, and there are those individuals who are obliged to pay the tax in the mandatory manner established by law.

1. If the square meters are transferred to the mother or father.
2. If real estate is transferred under a gift agreement from parents to children.
3. If the gifted persons are the sister and brother.
4. If real estate is passed from grandparents to grandchildren.
5. If a residential property is transferred under a gift agreement from grandchildren to grandparents.

It is important to remember that a gift agreement can be drawn up either with or without a notary. If the agreement is certified by a notary, then all subsequent actions are carried out upon notification of him.

When selling real estate, a parent or guardian must sign; you can sell the apartment immediately, but you need to take into account the amount of the tax fee.

A donation or deed of gift is a civil document that implies that the donor gives movable or immovable property, or part thereof, to the recipient of the gift for free. To give property, it is not enough to simply hand over the key; you need to legally formalize the gift. To do this, registration is done in Rosreestr, and samples of apartment donation agreements can be viewed below. Let's figure out today what an apartment donation agreement is and how to carry out this whole procedure correctly.

The agreement is drawn up, like many others, in simple written form. It will take on greater seriousness if it is printed on a computer. It is drawn up without a notary; his participation in the transaction is not a prerequisite, but if you wish, you can resort to the services of an office. How much does a gift agreement cost? The notary fee varies from 2,000 to 10,000 rubles.

Drawing up a housing donation agreement takes place in several stages:

Stage 1. You need to write a header (indicate the name, city, date).

Stage 2. Information about each party (full name of the donor and recipient, passport data and place of registration).

Stage 3. Filling out information about the property.

1. In paragraph 1, they specify what kind of property, who gave it to whom, and also indicate its location, that is, the address.
2. Clause 2 states on the basis of which the apartment belongs to the donor, i.e. information from all available papers.
3. In paragraph 3, the value of the real estate is written.
4. In paragraph 4 it is stated that the recipient of the gift accepts the object from the donor (the address of the home is indicated here).
5. In 5 it is stated that the transaction is not enslaving for the donor.
6. Q 6 – whether anyone is registered in the living space.
7. In 7 they indicate that after registering the gift agreement, the apartment will belong to the donee and its address.

Stage 4. From 8 to 15, unchanged points are prescribed.

They specify the legal basis of the contractual relationship, as well as who, after concluding the transaction, is responsible for paying taxes, fees, utility bills, and who bears the costs of processing the transaction (usually the recipient of the gift).

Final stage 5.

Signatures of the parties with transcripts. Everyone must fill in the blank lines, i.e. sign and put your signature and initials.

How to correctly draw up an apartment donation agreement

According to Art. 574 of the Civil Code of the Russian Federation, a completed deed of gift is registered in simple written form, and in order to make a transfer according to the law, it must be formalized at the registration authority. Sometimes an apartment donation agreement is concluded at a notary's office, but there is no need for such a transaction to be completed at a notary's office.

A typical completed document contains the following information:

• about the participants in the process;
• subject of the transaction;
• preliminary conditions of the apartment donation agreement;
• deadlines for fulfilling obligations;
• calculations;
• procedure for transferring an apartment.

Important! The deed of gift can be real and consensual. A real document assumes that the gift is transferred after its signing, and a consensual document assumes that the donee will receive the property in the future. In practice there are no significant differences.

According to Article 575 of the Civil Code of the Russian Federation, making a gift is prohibited:

1. Minors and incompetents, the same applies to their representative.
2. Employees of government agencies.
3. Employees of medical institutions and their analogues.
4. Between commercial organizations.

For the transaction to be considered concluded, the recipient of the gift must accept it. If he does not want to accept it, then the paper will not be legally issued.

If difficulties arise during registration, then turn to an experienced lawyer for help / Sign up on our website through an online consultant. You can also download a sample apartment donation agreement for free on the website. To be more confident, you can draw up a deed of gift from a notary; he has a ready-made template and an example of drafting. You just need to pay the tariff.

Conditions for terminating an apartment donation agreement in accordance with Article 578 of the Civil Code of the Russian Federation:

• the recipient committed an unlawful act on the life of the donor or his immediate family;
• the newly minted owner uses the property inappropriately and risks losing it altogether;
• a clause is written about the death of the donee earlier than the donor.

Apartment donation agreement between close relatives: sample and form

How to draw up a gift agreement with a relative? With close relatives, papers are drawn up in the same way as for a stranger. The contract does not indicate a relationship. It is characterized by a simple written form and a conclusion in Rosreestr (to enter into legal force).

The documentation states:

1. Place and date.
2. Data from the passport of both parties to the contractual relationship.
3. A list of papers on the basis of which the property belongs to the donor.
4. Other information about costs and more.
5. Effective date.
6. Details of the parties.
7. Signatures of each party.

Important nuances

To register documentation with close relatives, there are the following nuances:

• Income from receiving property as a gift is not subject to tax if it is received from a relative.
• According to the Family Code of the Russian Federation, close relatives are spouses, children, grandchildren, grandparents, sisters, and brothers.

Agreement for donating an apartment to a minor child: sample and blank form

According to the Family Code of the Russian Federation, a minor is a citizen under 18 years of age. Until this age, parents are representatives, and accordingly, parents are responsible for the child’s property. After reaching the age of majority, the child himself has the right to dispose of property.

The following points are prescribed:

• date and place of conclusion of agreements;
• information from the passport of the owner of residential property;
• data from the birth certificate, if the recipient is under 14 years of age;
• information from the passport of legal representatives (you can indicate one parent);
• information about the object of donation: information from a cadastral or technical project, from a certificate of ownership or an extract from the Unified State Register of Real Estate;
• cadastral or assessed value of housing;
• notes about the absence of restrictions on the property, and about the adequacy of the owner;
• signatures of the owner and the recipient's representative.

Important nuances

Aspects for concluding a transaction with a person who has not reached the age of majority or to whom an apartment can be donated:

1. The sale of a gift by minors is not carried out independently, i.e. cannot be sold, surrendered, exchanged without the consent of the guardianship authorities.
2. It is possible to challenge or cancel a deed of gift only in court within 3 years. After this time, more significant grounds for its liquidation are needed.
3. According to Art. 217 of the Tax Code of the Russian Federation, the gift tax is paid by a minor child (essentially his representatives, i.e. mother or father), if the donor is not a close relative.

The grounds for termination are:

• violation of legal norms for processing a transaction;
• negligence of the recipient towards the gift;
• the donor’s living conditions have deteriorated;
• violation of children's rights.

Donation agreement for two recipients: sample and blank form

The principle of drawing up two donees is the same as with one recipient. Only the shares of real estate and data from the passport of the two donees are included. The shares for each may be the same or different.

Important nuances

The following rules are important for the two recipients of the gift.

The state duty is paid according to the following scheme:

• for one donee – 2 thousand rubles;
• for two – 1 thousand each;
• for three – 667 rubles each.

If the donor decides to give away his share, then by law the consent of other home owners is not required, as when selling real estate.

What other documents may be needed for a gift agreement?

Provide to the registration authorities:

• Statement by the parties to the contractual relationship.
• Passports of each participant.
• Legal documentation.
• Certificate of family composition or extract from the apartment register.
• A paid receipt in the amount of 2 thousand rubles.
• The form of the apartment donation agreement in triplicate (if it is on several sheets, then it must be stapled).

Important! If an apartment is purchased under a gift agreement, then the consent of the spouse for the purchase is not required, as is the case with the sale. Do not confuse a gift agreement with a purchase and sale agreement. With a standard DCT, consent is only required for the sale if the property was purchased during marriage. Consent is required only when one of the spouses (husband or wife) donates residential premises purchased during marriage.

To draw up an apartment donation agreement based on the model for a minor citizen, you need:

1. Passports of participants (for the gifted child this is a birth certificate, or a passport if he has reached 14 years of age).
2. A marriage certificate from the parents (or a paper confirming the absence of a marriage, and a paper on the alienation of property - both of these papers are drawn up at a notary office).
3. Documentation for the object (technical and cadastral papers, extract from the Unified State Register or certificate).
4. Appraisal for the apartment.
5. Guardianship issues permission (if property is given as a gift where the minor is the owner).

The registration period for donating an apartment in Rosreestr is 10 days. If there are typographical errors or other reasons for refusal or suspension, then all documents are returned to the applicants. A certain time period is given to correct and resubmit the application to the registration authorities.

Conclusion

It is possible to draw up a contract for donating an apartment correctly if it is executed correctly. It is worth considering that the recipient of the gift, if he is not a close relative of the donor, must pay a tax of 13% of the price of the home for the gift received. This condition also applies to children. It is also very difficult to liquidate a deed of gift, especially if the gift was made to a minor child. An apartment donation agreement is declared invalid in court.

If you still have questions about donating an apartment, we are waiting for you for a free consultation with a lawyer. Sign up through an online consultant. More details about that, or you will find out further.

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Apartment donation agreement (sample)

City __________, nineteenth of March two thousand and thirteen.

We, Last Name First Name Patronymic, "___" __________19__ year of birth, place of birth _________________, gender female, passport of a Citizen of the Russian Federation 00 11 223344, issued __________________________ DD.MM.YYYY, subdivision code 123-456, living at the address: city _______, street __________, house ____, apartment ____, hereinafter referred to as Donor, on the one hand, and Last Name First Name Patronymic, "___" __________19__ year of birth, place of birth _________________, gender male, passport of a Citizen of the Russian Federation 11 22 334455, issued __________________________ DD.MM.YYYY, department code 654-321, permanent resident address: city _______, street __________, house ____, apartment ____, hereinafter referred to as donee, collectively referred to as Parties, have entered into this agreement as follows:

1. Donor transfers ownership free of charge To the donee apartment located at: ___________________ region, ( republic, region, other subject of the Russian Federation), city __________________, street _________________, house ______, apartment ______, then - Apartment.
2. donee as a gift from Donor Apartment accepts.
3. Apartment consists of 1,2,3,4. ( Quantity in words) living rooms, balcony, kitchen, bathroom, located on the _________ floor, has a total area of ​​10.3. ( Ten point three) square meters, including living area 7.3 ( Seven point three) square meters.
4. Apartment is owned by Donor on the basis of the purchase and sale agreement dated DD.MM.YYYY, about which registration entry No. 000001 was made in the Unified State Register of Rights to Real Estate and Transactions with It “_____” ___________ 20____, which is confirmed by the Certificate of State Registration of Rights issued "_____" __________ 20__ by the Office of the Federal Service for State Registration, Cadastre and Cartography subject of the federation on the form Series 00AA No. 123456. Conditional object number: 11-22-123456.
5. Apartment is considered transferred To the donee from the moment of signing this agreement.
6. K To the donee the share in the right of common ownership of common property in an apartment building is transferred to the extent that belonged to To the donor.
7. This agreement is considered concluded from the moment of its signing Parties.
8. Expenses for state registration of transfer of ownership are paid by Donor.
9. From the moment of state registration of the transfer of ownership donee acquires ownership of Apartment and assumes responsibilities related to the operation Apartments, bears the costs of maintaining the common property of an apartment building in accordance with the rules and regulations in force in the Russian Federation.
10. At the time of conclusion of this agreement Apartment not alienated to anyone, not mortgaged, not in dispute or under arrest (ban), not leased, free from the rights and claims of third parties.
11. At the time of conclusion of this agreement, persons registered in Apartment, No; persons permanently or temporarily residing in Apartment, No; third parties entitled to use Apartment in accordance with the current legislation of the Russian Federation, no.
12. Donor And donee confirm that their legal capacity is not limited; are not under guardianship, trusteeship, or patronage; due to health reasons, they can independently exercise and defend their rights and fulfill their responsibilities; do not suffer from diseases that prevent them from understanding the essence of the contract being signed and the circumstances of its conclusion, that they do not have circumstances forcing them to enter into this contract.
13. Donor at the time of purchase Apartments was not in a registered marriage.
14. Donor And donee are close relatives - sister and brother.
15. Contents of the articles of the Civil Code of the Russian Federation, namely: Article 161 (Transactions made in simple written form), Article 209 (Content of the right of ownership), Article 223 (Moment of emergence of the right of ownership of the acquirer under the contract), Article 288 (Ownership of residential premises), Article 292 (Rights of family members of the owners of residential premises), Article 450 (Grounds for termination and amendment of the contract), Article 551 (State registration of the transfer of ownership of real estate), Article 572 (Donation agreement), Article 573 (Refusal of the donee to accept gift), Article 574 (Form of donation agreement), Article 575 (Prohibition of donation), Article 576 (Restriction of donation), Article 578 (Cancellation of donation); as well as articles of the Housing Code of the Russian Federation: Article 30 (Rights and obligations of the owner of residential premises), Article 38 (Acquisition of a share in the right of common ownership of common property in an apartment building when purchasing premises in such a house) To the donor And To the donee known.
16. This agreement contains the entire scope of agreements between Parties with respect to the subject matter of this agreement, cancels and invalidates all other obligations or representations that may have been accepted or made Parties orally or in writing before entering into this agreement.
17. In everything that is not provided for in this agreement, Parties are guided by the current legislation of the Russian Federation.
18. Any changes and additions to this agreement are valid provided that they are made in writing and signed Parties and registered in the prescribed manner.
19. This agreement may be terminated in accordance with the procedure established by law before registration of the transfer of ownership rights to To the donee.
20. This agreement has been drawn up in three copies, one of which is kept by Donor, the second - at donee, the third - in the Department of the Federal Service for State Registration, Cadastre and Cartography for subject of the federation.

Donor Last name First name Patronymic signature
donee Last name First name Patronymic signature