A donation agreement for real estate, and in some cases for movable property, must be registered, otherwise the donation will be considered invalid. It is possible to receive property under an unregistered deed of gift only by a court decision, and a positive verdict is very rare here. So take care of the correct design of the donation in advance.
Necessary
- - dedication signed by two parties;
- - documents confirming your ownership of the property that you want to donate;
- - registration with the Office of the Federal Registration Service.
Instructions
Step 1
You can donate property immediately after signing the donation agreement or at a certain moment (your move, fulfillment of certain conditions, etc.). This is the so-called consensual agreement. To donate real estate, be sure to conclude a donation agreement in writing and register it with the Office of the Federal Registration Service.
Step 2
Writing for movable property is necessary if: - the donor is a legal entity, and the value of the gift exceeds five minimum wages; - the contract contains a promise of donation in the future. When such an agreement is verbally concluded, it is considered worthless (invalid). An agreement that is subject to state registration is considered concluded from the moment of its registration with state bodies.
Step 3
To register a donation, present to the Office of the Federal Registration Service the donation agreement itself in 3 copies, as well as documents that confirm your ownership of the donated property (BTI documents, an extract from the house book, technical passport, etc.), a receipt for payment of the state duties, and in some cases the consent of family members to transfer property and the consent of the guardianship authorities. In each specific case, the list of documents that must be attached to the donation agreement is determined separately.
Step 4
Execute the donation in a certain form, deviation from which may result in non-acceptance of registration documents or suspension of registration. Therefore, it would be better to consult a notary or a lawyer in advance. However, a donation agreement can be drawn up in a simple written form, without notarization. Until 1996, a donation agreement was considered valid if notarized. But since 1997, the functions of a notary for checking documents have been entrusted to employees of the Registration Services.
Step 5
For registration of the gift, pay the tax, it depends on the degree of kinship between the donor and the gifted. If the giver and the gifted are members of the same family or close relatives (spouses, children, parents, grandfathers, grandmothers, grandchildren, brothers, sisters), they are exempt from tax. If the donor and the gifted person are distantly related (aunts, uncles, nephews, cousins) or are not related by kinship, they will have to pay 13% of the cost of the apartment. In the latter case, it is cheaper to draw up a contract of sale and purchase of property for a symbolic price than to pay 13% of the value of the property, assessed by the specialists of the Bureau of Technical Inventory.
