How to draw up a deed of gift (gift agreement) at the MFC between relatives and more

Deal Features

The main principle of giving is gratuitousness. It is noteworthy that the parties to the transaction may be:

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two individuals at the same time;
individual and legal entity.

But it is no longer possible to donate housing that is on the balance sheet of one company to another company (according to paragraph 4 of paragraph 1 of Article 575 of the Civil Code of the Russian Federation).

If the owner of the property makes a counterclaim against the donee, the transaction may be considered void. In this case, the owner has the right to include in the gift agreement any condition, without which the use of the property will be impossible (for example, organizing the funeral of the donor, the birth of a child, graduation, completion of a house, cottage, etc.). All these and other points should be written down in the deed of gift.

Differences in gifts to relatives and non-relatives

When preparing documents for the transfer of a residential property to another person, all owners must adhere to the same procedure regulated by law. When transferring an apartment to a relative as a gift, the seller is exempt from paying tax.

The tax is not paid if the square meters are transferred between the following relatives:

Parents transferring an apartment to their children.
Grandfathers and grandmothers passing on living space to their grandchildren.
Sisters and brothers who have a common parent.
The adoptive parent transfers real estate to the adopted person.
Spouses.

If brothers and sisters are cousins, or property is transferred to nephews, payment of tax is mandatory. This is the difference between gifts to relatives and non-relatives.

The tax amount is 13% of the total amount of real estate.

Important conditions for a gift agreement

Depending on the actors and the type of real estate being alienated, gift transactions have their own nuances in execution. A deed of gift does not require a notary's endorsement. Exceptions are transactions with shared ownership, as well as with the property of minors or incapacitated Russians. But usually it is compiled in simple written form () and carried to the multifunctional center.

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The deed of gift must include the following items:

Full name of participants;
an accurate description of the object;
the basis for the emergence of previous ownership rights.

It and other documents related to the transaction are best submitted for registration at the MFC. But in multifunctional centers there is no service for drawing up contracts, so the document should be drawn up and signed in advance.

Does the document have retroactive force?

An agreement on donating a share of an apartment to a close relative or donating all property has a retroactive effect. The agreement can be terminated out of court or in court.

Does the document have retroactive force? When drawing up a gift agreement, experts recommend simultaneously drawing up a termination agreement. The deed of gift is drawn up in writing and signed by both parties. If the document is certified by a notary, the cancellation of the deed of gift must also be certified by a notary.

If the owner decides to reject the gift agreement, the agreement must indicate:

When the contract was concluded and when it happened.
The main purpose of the document is to cancel the deed of gift.
When and on what date was the agreement signed?
Information about real estate transferred as a gift.
Number of copies.

It is important to indicate in the document what expenses the parties incurred and within what time frame they will be compensated.

The document has retroactive force even after registration. To do this, the former owner needs to submit an application to cancel the registration.

If the old owner understands that the reasons for termination are justified, but in fact it was not possible to terminate the contract, it is recommended to go to court. When submitting an application to the court, you must have substantial evidence of the reasons for termination of the agreement and attach it to the package of documents. For example, you can attach photographs or video materials or involve witnesses.

Preparation for registration through the MFC

In all branches of the MFC there are special vending machines for issuing coupons for receiving visitors on a first-come, first-served basis, but for real estate transactions it is better to choose a pre-registration. This will speed up the procedure for accepting documents.

You can make an appointment at the MFC 30 days before the transaction. Pre-registration is made by:

personal appeal to the territorial office;
a telephone call to the hotline or directly to the desired department (the number is publicly available);
leaving an application on the public services portal or regional MFC websites.

In the application, the client provides the following information:

Full name for individuals;
name and contacts of the organization for legal entities;
in any case, you must set the desired date and explain the reason for your visit.

Regardless of the choice of the pre-registration form, the visitor will receive a ticket indicating the time of visiting the office, the address of the MFC and the reception window number.

The coupon cannot be transferred to third parties, and this time cannot be used to resolve another issue (for example, to register not the donation of an apartment, but its purchase and sale). If for some reason clients are unable to show up on the specified date, they can notify a service employee at any time and choose a different time.

Taxation when donating an apartment

The first expense that one of the parties will incur is real estate tax.

Since square meters are transferred under a gift agreement, the gifted person does not pay any money for housing. The exception will be tax.

When calculating tax, you need to use a standard formula; the interest rate depends on the subject. If the new owner lives in Russia for more than 6 months, or is abroad for more than six months, such a person will be considered non-resident. Accordingly, the tax amount will be 30% of the total value of the property received.

In all other cases, the tax amount when donating an apartment will be 13% of the total cost of the apartment.

Procedure for registering a deed of gift

Registration of a deed of gift at the MFC begins with the presentation of a coupon to a specialist. Only after this the client is asked to provide the necessary paperwork for the transaction. The employee conducts an initial examination of the documentation and then makes a conclusion about the possibility of processing it. An MFC specialist may immediately refuse to accept documents for the following reasons:

an incorrectly executed deed of gift for an apartment (garage, dacha, land plot, etc.);
the applicants did not provide all the necessary certificates;
the owner is no longer alive, and a representative acts on his behalf;
the donor is sick, needs a medical examination and is not aware of his actions;
minors are registered in the housing (in this case, registration of donation of an apartment through the MFC is possible only after permission from the guardianship authorities);
A medical (social) worker and his patient came to draw up a gift agreement.

If there are no objective superficial reasons for the refusal, then the employee takes the papers for state registration, and in return gives the applicants a receipt indicating the accepted documents, the date of readiness of the transaction and an identification number. Registration of gift agreements through the offices of multifunctional centers, as a rule, takes no more than 7 working days. The period for registering a deed of gift for an apartment in the MFC with the participation of a notary can last only 3 days.

State duty and payment methods

When donating, a state fee is paid. Money can be deposited immediately at the terminal of the multifunctional center, or you can pay using the details in Sberbank. The cost of the state duty for donation through any registration authority (both MFC and Rosreestr directly) is 2 thousand rubles. The terminal does not issue change.

List of required documents

Giving is a two-way transaction. It is impossible to register a gift deed without the consent of the recipient. The donee may simply not accept the offered property due to debt obligations associated with it or unfulfillable conditions. Therefore, a deed of gift can be issued at the MFC only in the presence of the donor and the donee.

List of required documents:

application for public services (a sample can be found on the website in advance or filled out directly at the MFC);
passports (or birth certificates);
originals of deeds of gift;
certificate of ownership;
a paid receipt or document on the basis of which the applicant is exempt from state duty;
an extract from the Unified State Register of Real Estate, which will indicate the cadastral value of the property (if necessary, this information can be included in the deed of gift, despite the gratuitousness of the transaction, in some cases no one has yet canceled the payment of taxes on a gift, and it is paid precisely from the inventory price);
EZhD;
certificate of family composition.

In some cases, an extended package of documents will be required. It includes:

notarial consent to the transaction from the donor's wife (uncharacteristic for the donee);
permission of OOiP (if the owner is a minor or incapacitated, but in practice the deed of gift through the MFC with the participation of these categories of citizens does not pass);
documents confirming the relationship between the parties to the agreement (registration of a deed of gift for an apartment between relatives is exempt from taxes);
notarized power of attorney (if the donee attracts a representative).

All these documents must be submitted to the MFC, and from there they are sent to Rosreestr for a more complete legal examination. In case of a positive check, it is there that the transfer of the right to the property is recorded by entering a registration mark in the Unified State Register of Real Estate.

Typical transaction for an apartment donation agreement

The apartment donation agreement is concluded in the PPF, unless otherwise provided by law. All technical characteristics of the object are written down on paper. If the apartment is donated along with the property, then it can also be described. Registration of an apartment donation agreement at the MFC usually takes 7 working days.

By agreement of the parties, the donor has the right to live in this premises until the day of his death, and he can formalize this as a mandatory condition of the transaction. If the donee suddenly writes him out of the living space, the former owner will go to court. If necessary, you can draw up a donation agreement for an apartment in the MFC with the participation of a representative or handicapper.

Giving to minors

You can give real estate to a child, but his legal representative will accept the gift. If one of the parents wants to transfer their property to their son or daughter, then the second parent will act as the minor’s representative. Registration of a gift agreement at the MFC takes the standard time frame for this procedure.

It is permissible to conclude a gift agreement with a minor only after the consent of the guardianship and trusteeship authorities, where they must check the absence of encumbrances and conditions associated with the donated property. You can't burden your children! A child will be able to dispose of the housing received (office, land, garage) only after 18 years of age. Until this age, all issues with real estate will be decided by a guardian or parent.

To issue a deed of gift for an apartment at the MFC, you must bring, in addition to the donor’s passport, the child’s birth certificate. The presence of a representative of the minor at the registration center is mandatory.

The law provides for any age of the gifted child. You can issue a deed of gift for an apartment one day after receiving a birth certificate.

Taxes on gifts between relatives

Donating an apartment, room, house, garage or land to a relative involves spending only on paying the state fee. The donee does not pay taxes on the property received. To prove their relationship, the parties to the transaction must provide relevant documents.

If clients do not provide these certificates to the MFC and the tax office, the inspectorate may require payment of 13% of the cadastral value of the property to the treasury.

Donating a share of an object

Donating a share of an apartment to a relative or any other person requires mandatory notarization. In this case, the consent of the remaining co-participants is not required, since the transaction is free of charge. The cost of notary services varies depending on the region and the inventory price of housing, but cannot be more than 20 thousand rubles. (Article 333.24 Tax Code).

The MFC does not have full-time notaries, so you need to look for a specialist separately in order to formalize the donation of a share according to the law.

Features for transactions with land plots

Donation of a land plot requires the presence of additional documents to the main package of papers:

certificate of paid land tax;
building certificates;
cadastral documents (in 2021 it will be impossible to dispose of plots without defining boundaries; today the legislation still makes allowances).

You can issue a deed of gift for a land plot at any MFC office. Moreover, it is possible to contact the city department if the plot is located in the region.

How to register a transaction and where to apply

When donating real estate, the parties are required to carry out state registration of the transfer of ownership. The legislator enshrined such a requirement in paragraph 3 of Art. 574 Civil Code of the Russian Federation. If this requirement is neglected, if the gift agreement is not registered with Rosreestr, it will not have legal force. This means that the parties to the transaction do not have rights and obligations.

Before starting the registration process, check that all documents are ready:

Donation agreement signed by the parties and drawn up in triplicate.
Confirmation of the identity of the parties (passport, and when applying through a representative, a power of attorney).
Spouse's consent to the transaction. Consent is mandatory if the property that is the subject of the agreement was acquired during the marriage. The consent is drawn up by a notary.
Certificate of registration of rights on the part of the donor; after July 15, 2016, it is replaced by an extract from the Unified State Register of Real Estate.

The registration procedure can be completed in different ways: either by registering a donation in Rosreestr, or by applying through the MFC or sending documents by mail. Based on the above documents, an MFC employee will draw up an application and issue a receipt for acceptance of documents.

The maximum registration period is nine working days. Registration of property rights is completed by receiving an extract from the Unified State Register of Real Estate. A certificate of registration is not currently issued.

Rosreestr employees have the right to refuse registration actions. In this case, they will send a notice indicating the actions that need to be taken. Let's consider the order of your actions in this case in the form of a diagram.

Results and possible refusal to issue a deed of gift

7-10 days after submitting the documentation, the client must appear at the MFC with a passport and receipt and receive a registered deed of gift. Information about the registration has already been entered into the Unified State Registration Register; starting from 2021, it is no longer necessary to issue additional certificates of ownership.

But the deal may be suspended for reasons:

falsification and forgery of documents;
the applicant lacks authority to dispose of the property;
long-term transmission of the necessary information through interdepartmental channels;
suspension of the transaction by the court and appeal of the deed of gift;
presence of encumbrances on real estate;
lack of data about the object in cadastral databases (typical for a land plot).

Suspension of the deed of gift is an interim solution. If during further verification the problems are not eliminated, then the transaction will be denied registration. You can appeal it in court and register the gift deed later in a shortened time.

Features of donating a residential building

According to the law, a residential building is an individual structure consisting of rooms, utility and other premises. It will not be possible to give a high-rise building as a gift - it is owned by several citizens, and alienation in favor of one person will require the will of all owners.

The owner of a residential individual house has the right to give it to any person, but it is important to observe several features. According to Art. 572 of the Civil Code of the Russian Federation, a gift agreement (hereinafter referred to as DD) implies a gratuitous transaction, because the donor has no right to demand money or services from the recipient.

There are other conditions:

real estate cannot be donated by actual transfer - the right of ownership to it is given;
the house is alienated only with the land plot on which it is located (donation separately is prohibited (Article 35 of the Land Code of the Russian Federation);
household appliances, tools, furniture and various devices located in the house will not be transferred to the donee unless they are indicated in the deed of gift;
the donee's right of ownership arises not from the moment of signing the DD, but from the date of registration of such right in Rosreestr;
If the house is mortgaged, the written consent of the mortgagee will be required for alienation.

Important! If the house was purchased by the donor during marriage, the consent of the spouse must be obtained. Real estate transactions made without consent can be challenged by the spouse within 1 year from the moment it became known about the alienation of property (Article 35 of the RF IC).

Donation of a house on a rented plot

If a house is built by a donor on a rented plot of land, the building itself can be donated, but the transaction must be agreed upon with the owner of the land, because the rental agreement will need to be renegotiated.

If the plot with the house belongs to the donor and is rented out under a lease agreement, before drawing up the deed of gift, you need to negotiate the terms of the transaction with the tenants. You should also look at the rental agreement itself regarding early termination.

There are two options here:

real estate is donated, the donee continues to rent it out to tenants;
The lease agreement is terminated and a deed of gift is drawn up.

It is important to consider that if employers do not agree to early termination, they will be able to go to court to resolve the issue.

Donating a house for different forms of ownership

Property can be joint or shared. In the first case, the house belongs to several citizens on equal rights, in the second, shares determined by them are allocated by agreement.

If the house is jointly owned, the consent of the other owners will be required for the donation. You can also agree on the allocation of shares: in this case, you will not have to obtain permission, but the DD will be notarized.

Who can you give a house to?

The owner of a residential premises has the right to give it to any person:

close relative: mother, father, children, sister, brother, spouse;
to a third party (acquaintances, friends, etc.).

Note! After signing the deed of gift and registering with Rosreestr, the donor loses ownership rights, so the identity of the donee must be approached as responsibly as possible if you want to continue living in the house in the future.

Donating a house to children as a maternity capital obligation

According to Art. 10 Federal Law dated December 29, 2006 No. 256-FZ, parents who have used funds under the maternity capital program to build or buy a house sign a notarial obligation to allocate shares to all family members, incl. and children.

Shares can be allocated by drawing up an agreement of the same name, or through the execution of a deed of gift.

This must be done within six months after the Pension Fund transfers money to the seller, pays the last installment under the purchase and sale agreement, fully repays the mortgage or settles with the organization that built the housing.

Gift between spouses

According to the law, property purchased during marriage belongs to the spouses in equal shares and is jointly owned without actual separation (50/50). In order for a wife to give a house to her husband, the shares must be allocated by agreement, after which she will be able to draw up a deed of gift for it.

If the real estate belongs to the donor solely on the basis of a marriage contract, shares are not allocated, and the consent of the second spouse is not required.

Property received during marriage by the donor as a gift, inheritance or before marriage belongs only to him. He has the right to give housing to his wife without obtaining her consent.

Important! If the donor intends to give the house to a third party, in the absence of a marriage contract or agreement on the allocation of shares, the consent of the spouse must be obtained.

Donating a house to the state

Donations to state or municipal institutions are allowed, but with some restrictions:

You cannot make gifts to employees of such organizations if the transaction is related to their official position and the value of the gift exceeds 3,000 rubles;
if the donor is a legal entity, the transaction is carried out in agreement with other owners, if this is provided for by the terms of the charter.

Legal advice: if the house is planned to be used for socially beneficial purposes, and the role of the donee is a non-profit organization (hospital, school, social institution, etc.), instead of a standard deed of gift, it is better to draw up a donation agreement and indicate exactly how it should be used. If these conditions are not met, the donor will be able to cancel the transaction (Article 582 of the Civil Code of the Russian Federation).