Document year: 2019

Document group: Real estate contracts

Type of document: Agreement

Download formats: DOC, PDF

One of the types of documents that establish ownership of a land plot is a land donation agreement between relatives. A deed of gift certifies the transfer of ownership from one owner to another. Its main feature, in comparison with a purchase and sale transaction, is that the land is transferred free of charge. Moreover, the recipient does not have any other obligations.

Most often, in 2021, such an agreement is drawn up between close relatives. This helps avoid tax charges. Let’s figure out who will still have to pay tax on the gift deed, what features of gift transfer exist for different people. Let's look at the full registration procedure and a sample document: what documents are needed, how long it takes for state registration, how you can challenge the contract.

We advise you to finish reading the article: at the end - expert advice and the opportunity to download a gift agreement between close relatives.

Features of donation

Let’s define that, like any civil contract, donation involves two parties:

• the one who receives the gift belongs to the category being given;
• the one who gives is called the donor.

Why is the form of an agreement for the donation of land, cottages and private buildings in 2019 most often concluded between close relatives:

• the gift is formalized: the recipient is given ownership rights, no payment is required for the land;
• the deal is profitable. In order to give valuable property to a relative, the recipient does not have to pay a tax payment in 2021, which depends on the value of the gift (its cost). If your grandfather gave you the land, you will not be subject to gift tax;
• registration of the gift deed itself is not required in Rosreestr, so registration of ownership takes place quite quickly;
• You can transfer only part of the house to a close relative under a gift agreement (there are some nuances).

You can give gifts to any person: even a neighbor on the site, even a yoga friend. It is important that such party expresses a desire to receive the gift and understands the legal consequences of such a procedure.

The recipient of the gift must be a fully capable person. This does not depend on whether he belongs to a close family circle or not.

The same rules apply when a gift agreement for a vehicle (vehicle) is drawn up from a close relative in 2019. By the way, its sample can be downloaded on the Internet.

Spouse

The spouse, although not a relative by blood, is classified by the Family Code of the Russian Federation as a close relationship. However, in this case, the second half must be legal - a civil marriage must be concluded in the registry office.

The relative will not have to pay tax on the gift agreement; in Rosreestr, the received gift will be counted as his personal property. This means that if the marriage breaks down, then when the property is divided, the land plot will remain with the person to whom it was given.

Thus, a gift agreement in many cases replaces a marriage contract between spouses. Only such a document is more loyal from an ethical point of view.

For a minor child

The law does not restrict minors from receiving gifts. You just need to take into account a few nuances:

• the transaction is carried out with the involvement of a representative of the child (parents, adoptive parents or guardians);
• A minor is only allowed to sign documents from the age of 14;
• the legal representative has no right to the property received by his ward. Such a person must act only in the interests of the child; it is prohibited to act to the detriment of the minor, worsen his situation, or encroach on the right of ownership of land.

It is legal to sign a donation agreement (of a house and a plot of land) between relatives and a child and register the right; the latter can immediately after turning 18 years old.

Shares of land

If the land is in shared ownership, the law prohibits donating it entirely without the consent of all owners.

If grandparents own the garden plot 50/50, then the grandson will not receive anything under the deed of gift unless the grandfather agrees to such a gift. In this case, even the grandfather’s consent will not play a role if the share of the plot is not allocated. For this purpose, land surveying is carried out (the boundaries of the share, the area are determined), and documentation is drawn up separately for this plot.

Legislation

The main regulation of donation as a type of civil transaction is enshrined in the Civil Code.

The definition of close relationship is established in the Family Code.

To familiarize yourself with the articles you will need:

• Chapter 32 of the Civil Code of Russia in full;
• Chapter 3, Article 14.

The specifics of registering property rights are also enshrined in the Civil Code; for certain situations, it will be necessary to study other regulations, including local authorities (if there are any nuances with the land plot).

The same rules apply if any other real estate (apartment, separate room, garage, etc.) is transferred using the model of a gift agreement.

Who is prohibited from giving?

It is prohibited to give gifts to others:

• persons who have not reached the age of 14 (from 14 to 18 years there are some restrictions);
• incapacitated or partially incompetent. Such persons a priori cannot be held accountable for their actions;
• legal entities;
• budgetary organizations (school, kindergarten, hospital) and social structures in favor of their wards (their close relatives). Such an action is considered corruption;
• civil servants.

Procedure for drawing up an agreement

The agreement is drawn up in writing. The parties independently decide whether to notarize the document.

The land donation agreement 2021 must contain:

• passport details of the parties;
• cadastral number, area, location, and boundaries of the land plot;
• description of buildings located on the ground.

You can prepare a transfer deed for a land donation agreement.

Important! You cannot donate land that is encumbered with anything (for example, a mortgage). It is advisable to prepare an official document confirming the absence of prohibitions.

According to the current legislation of the Russian Federation, for the transfer of a land plot as a gift, the participants in the transaction, also called parties, which include the donor and the donee:

1. must be capable and aware of the consequences of their decisions;
2. are obliged to express their voluntary desire to transfer and accept land without any payment (funds, services, etc.) and without the right to return the donated property;
3. must discuss all the points and conditions of the future transaction and check all the necessary documentation.

In addition, the party receiving the plot must have the right to accept this gift.

ASKING A LAWYER IS FASTER THAN READING! GET A FREE CONSULTATION WHILE OTHERS PAY FOR IT!

In 2021, Russian citizens still have the right to enter into a deed of gift for a land plot with both close relatives and strangers. At the same time, the procedure for concluding an agreement will be similar in both cases, excluding the fact that when concluding a transaction between persons who do not belong to the category of close relatives, the donee will be obliged to pay the appropriate gift tax, the amount of which today will be 13% of total value of the gift.

Also, it is worth taking a closer look at the impossibility of accepting a land plot using this method of alienation. The thing is that the opportunity to receive real estate as a gift may depend on the type of activity of the donee, the donor’s dependence on him, etc.

The list of those who cannot accept such property includes:

• civil servants;
• law enforcement officials;
• employees of nursing homes, medical and social institutions (for example, employees of social services, as well as guardianship and trusteeship employees), etc.

We invite you to read: Working without vacations or sick leave

Features of taxation when donating

The receipt of a valuable gift by an individual refers to the enrichment of his financial situation. And for the source of income, a private individual is obliged to pay personal income tax. Donating a plot of land is no exception. The Tax Code establishes the amount of payment, which is determined by the value of the property. In 2021, this is 13% of the allotment price.

Taxation does not apply if a gift is given from one spouse to another, from children to parents and vice versa, from grandparents to grandchildren and vice versa. People of close relatives are exempt from payments.

People with close family ties also include adopted children, foster parents; brothers and sisters related to only one parent.

If the aunt wants to give her nephew real estate, then the latter is required to pay 13% of the cost to the treasury in the form of a real estate donation agreement, the same applies to any other relatives and strangers. If a foreign citizen participates in the transaction, the tax automatically increases to 30%.

Consequences of donating land

The legal consequence of the donation procedure is that the land plot has a new owner. Now the recipient is given the right to dispose of, benefit from and own the plot. The donor loses the right of ownership. This is the meaning of a deed of gift - the transfer of ownership from one citizen to another.

However, there are a number of conditions under which a transaction can be challenged or declared invalid by law.

A document is considered invalid if at least one of the following features is present:

If there is any building on the transferred plot, even non-residential, it is also transferred. Example: donation agreement for a garage. In 2019, close relatives are required to transfer the buildings located there along with the land.

We'll talk about whether it can be challenged and how to do it in the next section.

How to register a donation of a dacha

The procedure for registering a deed of gift for a dacha is not much different from registering deeds of gift for other real estate properties. However, due to the fact that violation of the registration procedure or making errors can become a reason for challenging the transaction and declaring the donation invalid, it is advisable to consider this process in more detail.

As already mentioned, the donation of a dacha must be formalized in a written agreement. Violation of the written form of the transaction will entail the impossibility of passing state registration, which will not allow the donee to become the full owner of the real estate donated to him (clause 2 of Article 223 of the Civil Code).

Registration procedure

A fairly common contractual practice allows us to identify a number of stages that the parties will need to go through when drawing up a deed of gift for a summer cottage:

1. Preparation of documents . Please note that donating a dacha plot and the buildings located on it is only possible if they are owned by the donor. Therefore, to formalize a deed of gift, it is necessary to have a set of title documents, otherwise the procedure will not be successful.
2. Drawing up and signing a gift agreement . The draft agreement can be drawn up by a notary (recommended) or independently. When making your own, it is important to take into account the requirements of the law regarding the content - the need to specify the gift, its description, an indication of the donor’s intentions, recording the data of title documents, etc. It is important to remember that the contract, along with the transfer of buildings, must transfer certain rights to the land plot . After drawing up the project, the parties sign an agreement.
3. Gift transfer . This stage is implemented in the manner prescribed by the provisions of the contract (conditions, method and timing of transfer). In order to avoid mutual subsequent claims, it is advisable to document the procedure for transferring a gift with a deed of transfer, which reflects the main characteristics of the transferred property.
4. State registration of rights to real estate . The procedure for its implementation is determined by Federal Law No. 122 of July 21, 1997. The parties must submit an application for registration and a number of documents to the local authorities of Rosreestr. At this stage, the state registrar checks compliance with the requirements of the law of all previous stages, only after which the information is entered into the register of rights (USRE).
5. The emergence of property rights in the donee . The donee becomes the full owner of the dacha from the moment the state registrar issues the applicants with title documents with appropriate identification inscriptions, as well as a certificate of state registration.

This is important to know: Methods of donating shared ownership of a residential building

Required documents

To carry out all stages of registration of a deed of gift for a dacha, you will need the following documents :

1. Passports of the donation parties;
2. Title documents for the dacha (for buildings, for land);
3. Documents confirming state registration of the dacha (buildings and land under them);
4. Cadastral and technical passports, as well as plans for the building, other buildings and land;
5. Other land cadastral documentation.

To carry out state registration , in addition to the above documents, you will need:

1. Donation agreement;
2. Transfer deed;
3. Receipt for payment of state duty.

Can I challenge it and how?

Cancellation of the contract also occurs if the transaction is contested in court. This can be done by any party or third parties (for example, the donor’s children if their rights are violated).

The contract can only be challenged through court.

The transaction is declared invalid:

• in which the recipient launched the land plot given to him;
• if a citizen pollutes the soil or harms the environment;
• if, during the transfer of ownership, the financial situation of the donor worsened;
• if the form of the donation agreement for the share of the house did not take into account the consent of other close relatives;
• if the rights of the donor’s heirs, children and other interested people are violated.

A lawsuit is filed in court, a copy of the deed of gift is provided, and documents are collected that prove the invalidity of the transaction.

Expert advice on donating land

1. Obtain consent to the deed of gift from other owners, if signed by a relative and given a sample deed of gift of a share of a house and a plot of land. And the plot itself is registered as shared ownership. Make sure that the transferred plot is separated from common to shared – there are separate documents for it.

2. In advance, write down the mandatory clauses in your copy of the donation agreement for a house and land between relatives on the Internet.

3. Contact a lawyer if you doubt that you can resolve the issue yourself. In our free chat, a lawyer answers questions about donating land plots and draws up contracts for a specific situation.

4. Check in advance, if you receive land as a gift, whether there are legal heirs to it. After the death of the donor, these citizens will be able to challenge the donation.

5. Check with Rosreestr for a complete list of required documentation.

Donation of land, although a common procedure for transferring real estate, is more complex than purchase and sale. To prevent your deal from being challenged in court in the future and the contract being declared invalid, contact a lawyer for help. We have a free chat, and in addition to the donation agreement form for real estate, a lawyer will help you draw up a form for a car and other property.

How to draw up a deed of gift for a dacha with a plot of land

The methods for registering a gift between close relatives differ only slightly from concluding a regular real estate transaction. The donation is also formalized by a written agreement. The rights of the donee to the dacha and plot are subject to mandatory registration in Rosreestr. Documents for registration of rights are submitted to the MFC or through a notary.

In a gift agreement between close relatives, the degree of relationship of the donee must be indicated with reference to the details of a document certifying the relationship - a marriage certificate, a birth certificate. Copies of documents are attached to the agreement.

You can prepare a gift agreement yourself and submit it for registration at a multifunctional center or contact a notary to draw up a document and submit it directly to Rosreestr. However, when drawing up a deed of gift from a notary, you must keep in mind that the cost of his services depends on the market price of the property that is being donated. Therefore, carrying out registration with a notary is not always advisable in terms of costs.

This is important to know: Validity period of the deed of gift for the apartment

There are a number of requirements when a gift agreement must be executed only through a notary. Notarization is required if :

• the donor is a minor (from 14 to 18 years old);
• donor - a citizen recognized as having limited legal capacity;
• The donor is not the only owner of the dacha, but has the right only to a share in the right of common ownership.

A sample agreement of gift for a dacha between close relatives can be downloaded here.

Required documents

What documents are needed to formalize a deed of gift for a dacha and land? For this you will need :

• gift agreement in at least three copies (one for each party and one for Rosreestr);
• documents confirming ownership of the dacha and land (certificates of registration of rights or extracts from the Unified State Register of Real Estate);
• documents confirming the degree of relationship (birth certificates, marriage certificates);
• fee for registration of rights;
• passports of the parties;
• application (filled out by an MFC employee).

Additionally, you may need the notarized consent of your spouse or other co-owners of the dacha for donation.

The state fee for registering the rights of the donee is 2,000 rubles. for each object (dacha, plot). If rights to a plot of agricultural land are registered, the fee is 350 rubles.

Reference. A receipt for payment of the fee may not be provided to the MFC employee, but it must be paid at the time of submitting documents, otherwise registration may be suspended.