Traditionally, the donation process does not cause any difficulties and questions for the participants. But the situation changes when it comes to a very large present, for example, a large amount of money. In this case, it is best to formalize the gift officially in order to avoid possible questions, for example, from the tax authorities.
It is necessary
- - money for donation;
- - money to pay for notary services;
- - passport of the donor and addressee of the gift.
Check if you need to draw up a donation contract in your case. The amount of money that you are going to transfer to another person under a written agreement must be more than 10 times the minimum wage. For 2011, the minimum salary was 4,611 rubles.
Keep in mind that if the donation does not take place between the next of kin, then 13% of the tax will have to be paid from the amount received. In this case, it is better to make the contract orally, which is also allowed by law.
Make a donation agreement. This can be done either with a lawyer or on your own. It is necessary to indicate the surname, name and patronymic of the donor and addressee, their passport data, the amount and currency of the gift, and also put the date and signature of the donor. The contract is drawn up in duplicate for both parties.
The agreement cannot specify any additional conditions for the recipient of the money. Such requirements will not be legally enforceable by law.
The agreement is also valid in simple written form, but for additional legalization it can be registered with a notary. To do this, find the nearest notary office in the directory of organizations in your city or on the Internet, come there in person with your passport, agreement and the amount of money to pay the fee. Give the documents to the notary. He will put on the paper a seal and his signature certifying the authenticity of the document. The second copy of the contract must be certified in the same way.