Such a civil law transaction as a gift is governed by Chapter 32 of the Civil Code of the Russian Federation. Donation - an agreement according to which the donor transfers his property to the donated person free of charge. Like any contract, the gift must be drawn up correctly so that it cannot be challenged in the future.
Features of the donation agreement
The subject of this agreement can be any property belonging to the donor, including real estate that is not limited in circulation. Any individual can act as a donor. You can also issue a deed of gift for any legal entity or individual, and even for several individuals. True, in this case, in order to avoid subsequent disputes and legal proceedings, it is advisable to indicate in the donation agreement in what shares this property is transferred to the gifted. This deal is two-way, since not only does the donor show a desire to give someone, this “someone” must also act as the second party to the agreement and confirm his willingness to accept this gift.
A donation agreement can be concluded in a simple written form and does not require notarization. But in the case when real estate is donated - a house, apartment or land plot, the donation agreement must be registered with the territorial agency of Rosreestr at the location of the real estate object. The transaction will be considered completed only after the state registration of the transfer of ownership and the receipt by the gifted of a certificate of this. Until the moment of registration of the transfer of rights, the transaction can be canceled by one of the parties at any time. After the property has become the property of the gifted person, it is almost impossible to cancel the donation agreement.
For registration with the Rosreestr authorities, it will be necessary to submit the originals and copies of the passports of the donor and the gifted person, three copies of the donation agreement, a receipt for payment of the state duty. If real estate is donated, the package of documents must include title and title documents for it.
Taxation of deed transactions
Only property can be donated, not monetary amounts. Therefore, from the moment of registration of the transaction, the gifted person has an obligation to pay tax on personal income to the budget in the amount of 13% of the value of the property received as a gift. But, since the family is a cell of society that accumulates material wealth, according to Article 217 of the Tax Code of the Russian Federation, family members of the donor or his close relatives acting as gifts are exempt from paying tax. The category of family members and close relatives, according to the Family Code of the Russian Federation, includes the donor's spouse or spouse, his parents and children, including ward or adopted children. This category also includes grandparents, grandchildren, brothers and sisters, both full-blooded and relatives only by the father or mother.
