Gift deed for a garage between close relatives: sample 2021

In the section on the deed of gift, we are often asked how to draw up a deed of gift for a garage in 2021 and whether there is a way to save on the procedure, within a short period of time and without violating the law. A practicing lawyer and constant author of the Legal Ambulance website, Oleg Olegovich Ustinov, will tell you about all this, as well as about important nuances, ignoring which can lead to loss of property.

So, first it is worth noting that, according to the letter of the law, a garage is included in the category of real estate, which entails conditions and rules for its transfer specific to real estate transactions. At the same time, the donation of this object today requires mandatory official registration, which is regulated by information from paragraph 3,574 of Article of the Civil Code of the Russian Federation, namely, “Form of the gift agreement.”

This concept includes not only the execution of a deed of gift in accordance with all the rules established by law, but also the mandatory registration of the property under the name of the new owner in Rosreestr.

How to close the deal in 2021

In 2021, Russians have the opportunity to donate a garage that is part of their property in one of two ways:

contact a notary to draw up a gift agreement;
conclude a deed of gift independently, without involving a specialist, by preparing all the necessary documents and registering the transaction with Rosreestr.

As you understand, the first option is suitable for sellers who want to save as much as possible. However, we note that it is quite difficult for people who do not have certain experience in this area of law to control its legality, which often becomes the reason for the cancellation of the contract. Therefore, we recommend, at a minimum, that you seek help from our free lawyers, telling them the whole situation and receiving important recommendations.

Question to the website “Legal Ambulance”:

I heard that when donating a garage in 2021, you need to submit documents to the tax office. This is true?

Lawyer's answer:

No. This is completely unnecessary. By submitting documents to the MFC or directly to Rosreestr, you can count on the employees of these organizations to independently send the necessary data to the tax service.

Another method is an excellent option for those who do not want to bother studying the laws , but want to have guarantees that the terms of the transaction will not be violated. Just contact any notary, pay the required amount and be sure of the transparency and legality of the deed of gift.

At the same time, the garage donation transaction in question, according to existing legislation, does not require mandatory notarization and in order for the agreement to have legal force, you only need to correctly draw up its contents and confirm the signature of each of the parties, confirming acceptance of the conditions set out in it.

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Step-by-step process for donating a garage

If you decide to transfer real estate to another person, you will need to go through the following steps:

preparation of a mandatory package of documents, the list of which is established by the current legislation of the Russian Federation;
drawing up a deed of gift or gift agreement with the help of a notary or independently;
signing of the agreement by the parties;
submission of all certificates and papers to Rosreestr or the MFC to undergo the mandatory procedure for state registration of the transfer of ownership of the object of the transaction to another person;
transfer of completed documents to the donee.

Who has the right to act as a donor?

Donation of real estate is possible only by an adult and legally capable citizen. If the garage belongs to a child under 14 years of age, any transactions are prohibited. If he is over 14 years old, the consent of the guardianship authorities will be required, and the likelihood of obtaining it is negligible - they act in the interests of the children, and alienation does not contribute to their compliance, because a gift is a gratuitous transaction, and the child is not given anything in return.

If the owner has limited legal capacity, a guardian acts on his behalf, but with the permission of the guardianship authorities. The likelihood of it being processed is low.

Briefly: the donor has the right to be a citizen over 18 years of age, to whom the garage belongs as property. Donation on behalf of children by parents is possible with the consent of the guardianship authorities, and it is difficult to obtain.

What documents are needed to draw up a gift agreement for a garage in 2021?

In addition to a signed, correctly drawn up gift agreement, to register the transfer of ownership of the garage, the party donating the property is obliged to provide the following documents to Rosreestr or a multifunctional center:

deed of gift in three copies (one for the Rosreestr specialist and for each party to the transaction);
passports of the donor and recipient;
a written statement from the donor confirming the fact of the voluntary donation of the garage and a similar document from the donee, in which he agrees to accept this property on the terms established by the contract.

In addition, you will also need documents related to the object itself:

cadastral plan;
technical certificate;
a document confirming the fact that the transferred property is not under encumbrance (optional);
documents that confirm the existence of family ties between the parties to the transaction (in the event that the object is transferred between close relatives);
ownership of the donated object;
a receipt confirming successful payment of the state duty established by the law of the Russian Federation.

Also, in our practice, there have been cases when a specialist of the state registration authority asked to include other papers in the mandatory list of documents - for example, papers confirming the fact that the property has no other (shared) owners.

Taxation

Receiving ownership of any object is recognized as profit, for which you need to pay personal income tax - 13% of the cadastral value. The payment deadline is July 15. The declaration must be submitted by April 30.

Close relatives of donors are exempt from paying tax: brothers, sisters, parents, children, grandparents. But you will still have to bring a declaration and a document confirming the relationship.

This can be done in person at the Federal Tax Service at the location of the property, or through the taxpayer’s personal account on the official website of the department.

How to give a garage to a close relative?

It’s worth noting right away that the procedure for donating a garage between close relatives (for example, donating a garage to a son from a father) is practically no different from the procedure usual for drawing up a donation agreement for a stranger or distant relative.

Lawyers believe that the only significant difference in the transaction is the fact that in the case of close relatives, the donee is exempt from paying state tax!

Question to Oleg Ustinov:

Is it legal to draw up a deed of gift between strangers without going to a notary office?

Answer:

Yes, there is nothing illegal about this. According to current legislation, people can enter into a gift agreement without notarization in a simple form.

When drawing up and registering a deed of gift, you will need to prepare the same package of necessary documents as we described above. However, in addition to them, it will be necessary to provide a document that confirms the family relationship between the parties to the transaction. This paper can be, for example, a marriage or birth certificate.

How to draw up a deed of gift for a garage so that it is not rejected by the MFC or Rosreestr

Quite often, citizens who choose the “economical” way of conducting a transaction and do not contact a notary’s office make mistakes when drawing up and executing an agreement. Therefore, let's look at the most common reasons for refusal and cancellation of a deed of gift for a garage.

So, first of all, we note that the agreement must be drawn up in writing. At the same time, there is no mandatory form for its preparation and therefore it can be done in a free interpretation.

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At the same time, a correctly executed document must necessarily contain the following points:

name of the document (see sample photo);
place, as well as the actual date of drawing up the contract;
important data about the donee and the donor (full name, registration addresses, passport details, etc.);
the most accurate characteristics and description of the donated object (garage) - data on the land plot on which the building stands, technical condition, etc.;
rights and obligations of each party to the transaction - it should be indicated that the donor is ready to transfer the property of his own free will, and the donee is ready to accept it.

Also, as we already mentioned above, we recommend that you be sure to indicate in the content the fact that the property being transferred is not encumbered, and also indicate on the basis of which of the documents attached to the deed of gift the garage belongs to the donor (for example, a certificate from Rosreestr on registration of property rights) .

Question for a lawyer:

Tell me, can I draw up a deed of gift for a garage for a minor child?

Answer:

Certainly! But, if the donee party is a person who has not yet turned 14 years old, then his interests during the transaction must be represented by a legal representative (parent, guardian or employee of the guardianship and trusteeship authorities). Moreover, if the donee has reached the age of fourteen, but has not yet turned 18, his parent must be with him at the time of signing the deed of gift, who will also need to sign the document.

An equally important point is the listing in the contract of the grounds for its termination (for example, the deed of gift will be terminated if the donor survives the donee). Also, try to ensure the quality of the signatures. Thus, they must be legible and belong exclusively to the parties to the transaction.

Restrictions and prohibitions

Please keep in mind that:

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

Registration of a deed of gift for a garage is not available to incapacitated and minor persons, as well as organizations. It is prohibited for the recipient of the gift to be employees of state or municipal institutions if their activities are related to the provision of services (goods) of any type. A minor may be the recipient of a gift. In this case, the mandatory participation of his guardian or representative is necessary.

To make a donation, you must be the owner of the object of the gift - a garage and land. In Russia, the alienation of a garage, which is what a donation is, cannot be carried out without transferring ownership rights to the land under the garage. A transaction executed without compliance with this rule will be considered void. Therefore, the donor first needs to register ownership of the garage and land.

Deed of gift for garage and land in 2021

Depending on the design features, a garage may be included in the category of both real estate and movable property. For example, since it is impossible to move a building made of brick or reinforced concrete, such an object will be classified as real estate. The same cannot be said about a “metal box”, which can be transported and, therefore, belongs to movable property.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

Problems with a gift agreement for a real estate garage, as a rule, arise when the donating party does not own the land plot on which the building is located. However, if he has documents for the “land”, the transaction will go through without complications and problems.

At the same time, in cases where donors are members of garage cooperatives and pay a regularly established share for a plot, the donor will be obliged to complete the transaction, in accordance with paragraph 4 of Article 218 of the Civil Code of the Russian Federation, to pay the share in full.

We also note that if the object is part of a garage cooperative, when registering it, the donating party is obliged to prepare not only all title documents, but also:

certificate of successful payment of share contributions;
a valid certificate of membership in the cooperative.

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In the event that the donor illegally installed his garage and does not have documents for the site, in order to transfer ownership, he will be required to legitimize his construction.

How much does it cost to issue a deed of gift for a garage?

In 2021, the cost of registering a gift agreement can be “broken down” into several separate items, which include the price:

notary services, which can vary depending on various factors (region of registration, specialist status, complexity, consultations, etc.) from 300 to 20,000 Russian rubles;
official registration of ownership of the new owner, amounting to 350 rubles for a land plot and 2,000 for the garage itself ;
tax established by the legislation of the Russian Federation in the amount of 13% of the total value of the object being donated (applies only to cases when strangers or distant relatives act as parties to the transaction).

The final cost can be determined by a specialist at the first stages of the transaction. In addition, you can find out about it by contacting our duty lawyer at any time.

How to donate a share in a garage

According to the current legislation of the Russian Federation, the donating party has the right to dispose of its property at its own discretion, including donating a share of the garage, and not the entire property. At the same time, the donor can give several such shares to several persons at once.

Question to a specialist:

The neighbor says that my grandson will also have to pay taxes on the garage that he inherited from my husband - his grandfather. Is it so?

Answer:

If you mean personal income tax, that is, tax on individuals, then the recipient party, which is a close relative, is completely exempt from paying it. At the same time, the grandson will still have to pay a fee established by the state when registering the transfer of ownership of the garage to him.

The process of registering a deed of gift in this case will remain completely similar to the procedures described above and its only difference will be that in the content of the deed of gift the donor will need to indicate the fact that not the entire garage is being donated, but part of it (with the obligatory indication of each transferred shares).

Who cannot be a party to the contract

The State Code of the Russian Federation clearly indicates the following list of persons who do not have the right to act as one of the parties to the garage donation agreement. This:

minors and incapacitated citizens, as well as persons officially representing them;
employees of social, educational and medical institutions that house citizens whose trustees are one of the parties to the garage donation agreement;
employees of state and municipal institutions who are entrusted with the performance of official duties;
commercial enterprises when performing mutually beneficial transactions among themselves.

It is worth noting: in order to avoid various legal incidents and litigation in the future, it is important to clearly meet the criteria of the parties to the gift agreement.