A donation for a land plot is drawn up in accordance with the Civil Code of the Russian Federation, article No. 572. When donating property, the donor and the donor do not have any obligations in relation to each other. The property passes into the ownership of the gifted person by drawing up documents and registering them at the state center for the unified registration of real estate objects. The land plot is transferred completely free of charge.
Necessary
- - passport of the donor and the gifted
- - documents of title to the site
- -extract from the cadastral passport, cadastral plan, certificate of cadastral value
- -notarial permission from all owners
- - donation agreement
- -application to the registrar on behalf of the donor and the gifted
- -receipt of payment of the state fee for registration
- - personal notification of the tax authorities about the transaction
Instructions
Step 1
A land plot can only be donated by its owner. If the ownership rights are not formalized, no legally significant transactions, which include donation, can be made up to the registration of documents on ownership.
Step 2
To register a plot of ownership, you need to invite a land management organization to carry out technical work. Based on the work carried out, technical documents will be obtained, which should be registered at the center for registration of land plots, cadastre and cartography, so that the site can be put on cadastral records and issued a cadastral passport. With an extract from the cadastral passport and title documents for the site, you must contact the state registration center for real estate and obtain a certificate of ownership. After receiving this document, you can donate land.
Step 3
To complete the donation transaction, it is necessary to draw up a donation agreement. It refers to civil documents. Since in relation to the donated property, none of the parties arises obligations towards each other and responsibility for the transferred property, it is possible to conclude a donation agreement in simple writing or with a notary. If the contract is concluded in a notary's office, the notary takes 6% of the cost of the plot, but in case of loss of the document, you can always get a copy of it. To draw up a notarial agreement, in addition to all the documents received, it is necessary to submit a certificate of the cadastral value of the land plot.
Step 4
If the plot is jointly owned by the spouses, permission from the second spouse is not required for the donation transaction to their common children. In the event that the site is jointly owned jointly with other persons, a notarial permission is required for the transaction from all owners, if the shares of each are not allocated in kind. If the shares are divided in a judicial proceeding, the permission of other persons to donate the plot is not required.
Step 5
To register a transaction in a state center, you need to submit a donation agreement in triplicate, the passport of the donor and the gifted person, an extract from the cadastral passport of the site, a cadastral plan and a certificate of cadastral value.
Step 6
When contacting the registration center, you need to write a statement on behalf of the donor and the gifted. The application is drawn up on the spot on a uniform form. After that, property rights are registered in the name of the gifted person. The site becomes his property.
Step 7
If the gift transaction is concluded with close relatives, no tax is paid for it. When donating to distant relatives or strangers, you need to pay a gift tax, which is 13% of the cadastral value of the site.
Step 8
In any case, after registering ownership of the person being gifted, you need to contact the district tax office and report the transaction and the transfer of ownership to another person.
