Having owned a plot of land, you can dispose of it as you wish. One option is to transfer it to another person free of charge. But it is not enough to simply issue a deed of gift for a land plot. It is necessary to properly register the transfer of rights after the transaction so that the gift officially changes its owner, that is, so that the land becomes the property of the gifted person.
A gift agreement, like any other real estate transfer agreement, must be registered with Rosreestr. The information is entered into the appropriate database. Any interested person will be able to obtain information on the property and clarify the moment of transfer of rights and the presence of encumbrances. If the established procedure is not followed, the transfer of rights will not be considered completed, and the property will remain legally with the donor.
Concept and legal regulation
A gift agreement is a transaction aimed at the gratuitous transfer of rights to an object.
And as one famous character from “Winnie the Pooh” said, the object is transferred “free of charge, that is, for nothing.” This is the legal basis of the gift agreement. If we are talking about real estate, in particular land, then the agreement is drawn up in writing, and subsequently state registration of the right to the received object is carried out for the new owner. Article 572 of the Civil Code of the Russian Federation contains the concept of a gift agreement.
Initially, the right to donate land was approved by the Decree of the President of the Russian Federation “On the regulation of land relations and the development of agrarian reform in Russia”; at the moment the issue is regulated on the basis of the following acts:
- Land Code of the Russian Federation;
- Federal Law “On State Registration of Real Estate”.
It is also recommended to pay attention to the rules governing cadastral issues, for example, the Federal Law “On Cadastral Activities”.
Link to document:
Link to document: “On state registration of real estate”
Link to document: “On cadastral activities”
Plot with house
If there are residential buildings on the land plot, and they are also located in
property of the donor, donating one without the other is not allowed. This is spelled out in the Land Code (the principle of unity of allotment and home).
In this case, the deed of gift must also contain information about the house. Ownership rights will apply to both properties.
Insuring your apartment against fire and flooding will significantly save you money in the event of an accident. Do you want to take ownership of a plot leased for 49 years? The step-by-step procedure is described here. Our article contains a sample that will help you prepare a lease agreement for agricultural land.
The procedure for donating land
Any capable owner of a land plot can donate a plot. The process will look like this:
- drawing up a written gift agreement, signing it and, as a rule, notarization (this is optional). Until this moment, an inspection of the plot must be carried out, the owner must be identified and other negotiations must be carried out;
- submitting an application to Rosreestr or MFC;
- receiving an extract from the Unified State Register and a certified copy of the agreement.
The procedure is extremely simple and does not require additional effort.
At the moment, the parties do not need to involve a notary, unless we are talking about the transfer of a share in the right of common property or the donee is not a minor (such a person cannot act as a donor at all).
What documents will be required?
During the registration of transactions, a number of documents will be required. If the plot is privatized, its surveying has been carried out and the information is contained in the cadastral chamber database, then the procedure will be carried out upon provision of the minimum package :
- passport or other document confirming the identity of the parties;
- agreement in triplicate. If there are more than two parties, for example, a plot is given to two persons at once, then the number of copies increases;
- document confirming payment of the duty. If the purpose of the site is for private household plots or individual housing construction, then the amount will be 350 rubles, in other cases you will need to pay 2000.
Download the donation agreement for a land plot without buildings (sample)
Download the donation agreement for a land plot with buildings (sample)
Additional may be required:
- transfer and acceptance certificate, if the contract does not contain a clause on the conditions for acceptance of real estate;
- information about the value of the land plot, if the cadastral or inventory value is unknown;
- documents indicating the presence of family ties between the parties. If the transfer of a gift occurs not to a relative of the first line of inheritance, then the amount of the state duty for the transaction may “hit the wallet.”
- power of attorney for a representative.
The parties do not fill out any statements regarding the transfer of rights or acceptance of the object independently. Now everything is done by an employee of Rosreestr or MFC, on the spot. You will only need to sign those presented by a Rosreestr employee.
If the recipient is a relative
The most popular transaction between relatives is a gift. The most popular gift is a purchased plot of land.
Often there is a need to transfer real estate to a relative.
According to the law, close relatives are:
- children;
- parents;
- spouses;
- brothers and sister.
If the recipient is someone from this list, then the transfer of rights becomes very beneficial for the family budget, since it requires a tax payment (in the form of income tax). A distant relative or stranger will have to pay the state 13% of the total cost of the received plot.
For a foreign citizen without Russian citizenship the rate is higher - 30%.
A deed of gift is an excellent solution to the problem of dividing property during the life of the donor . This document is difficult to challenge in court, so the security of the transaction increases significantly.
If the donor is an elderly owner, it is better to take additional precautions and entrust the transaction to a notary. This will guarantee his legal capacity.
Features and practical nuances of donating land
Relations related to the donation of land plots do not have any special difficulties, but some features should be taken into account :
- ownership can only be transferred by the official owner;
- written registration is mandatory, no real estate can be transferred orally;
- if the plot is withdrawn from circulation, it cannot be given as a gift or otherwise alienated;
- a share in the property right can be transferred, the actual allocation of a part is not necessary;
- the transaction cannot be concluded under a counter-obligation or condition. The donation is always gratuitous, otherwise we are talking about purchase and sale, barter or other relationships;
- It is impossible to donate land and keep the buildings that are located on it. The earth always follows the fate of buildings.
It is possible to challenge a deed of gift, but in practice it is quite difficult. This can be done only in cases where the party acted under the influence of deception, breach of trust and under other circumstances that are illegal.
It is impossible to donate a plot of land owned by the right of perpetual use or inheritable ownership, but it is possible to transfer to the donee buildings located on such a plot. Considering the fact that the land always follows the fate of the building, the corresponding right to it will be re-registered. It will not be possible to transfer rights to a plot issued on this basis by other means.
Can a husband give his wife a plot of land purchased during marriage?
An important point is that in order to give a spouse property that is in common ownership, it is necessary to first establish a regime of shared ownership.
Only after this can one of the parties give the other his or her share in the common property.
The provisions of the current legislation established a regime of joint ownership of all existing property acquired by spouses during marriage. Only except in certain cases of receiving it as a gift or as a result of inheritance.
Such property does not include the results of intensive intellectual work and items of personal use. According to the law, the donation of jointly purchased property is unacceptable without the consent of all owners who are co-owners.
If a husband or wife has movable or immovable property, then each party has the right to donate what it sees fit. This is only true if the marriage contract drawn up between lovers does not provide otherwise.
Let's look at the relationship between spouses from the perspective of current legislation. According to it, spouses are considered close relatives.
That is why any property owned by them, which they acquire from the moment of registration of the official marriage in the registry office, without attaching importance to how it was registered, is legally considered jointly acquired property.
If a spouse wants to give any property to a third party, then to do this he must enlist the support and consent of his wife. According to the generally accepted rule, the family legislation of our state establishes a certain presumption of consent of the second party to enter into transactions with the first.
In most cases, you still need to have the duly executed consent of the husband (wife) to complete such a transaction. If this condition is neglected, the donation process will be declared invalid.
It is also very important that legal spouses will be exempt from paying tax on income received on transactions related to the gift of any expensive things to each other (vehicles, cottages, houses, apartments, jewelry, art objects).
A donation is considered a transaction involving the alienation of property from one person to another - the donee. A characteristic feature that distinguishes it from other types of transactions is that it is completely free of charge. Otherwise, it may be considered invalid according to the grounds specified in Article 170 of the Civil Code of the Russian Federation (sham transaction).
The subjective composition is also considered characteristic of the procedure - relatives, as a rule, are very close, and there are certain trusting and strong family relationships between them.
According to current legislation, close relatives mean parents, children, grandparents, grandchildren, brothers and sisters.
In addition, as noted earlier, spouses are also considered close relatives.
Any of the above persons can become the owner of this or that property and take direct part in civil transactions. We are also talking about giving here.
We should not forget that it is strictly prohibited to donate property on behalf of minors and incapacitated citizens.
Donation expenses
When registering a donation, you will need to pay a fee. If the land is classified as land for private household plots or individual housing construction, the cost of the duty will be 350 rubles, and in other cases the payment amount will be 2000 rubles.
After the transfer of ownership, the donee is considered to have received a profit. Accordingly, he has an obligation to pay income tax, which for individuals will be 13 percent.
There is no need to submit information about concluding an agreement; Rosreestr itself will transmit the information to the tax service. If the information was not sent or there are any errors, you can independently contact the Federal Tax Service and clarify the information, taking supporting documentation with you.
Gifts between close relatives are not subject to taxes. You can transfer the property to your spouse, parents or children without worrying about additional expenses. There are also various ways to reduce the tax base through the use of tax deductions; each case must be considered individually.
Expenses may also include paying for a lawyer’s services if the transaction is carried out with his help. At a minimum, you can contact a notary or other specialist to conclude an agreement, and then submit the information yourself. If the document is drawn up correctly, there will be no problems. Lawyer services will cost differently, depending on the region and the volume of work.
Can a husband give his wife a share in an apartment?
Very often, families come to the conclusion that the apartment must be owned by one of the parties.
Then the question arises: can a spouse give his wife his share of real estate? Such a possibility actually exists.
The same as donating a share of an apartment or land. Real estate purchased during marriage is considered jointly acquired (common) and is therefore divided in half.
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Question answer
I want to give a dacha to my grandson, since my age and health do not allow me to fully care for the beds and trees. The harvest is lost, the children don’t want to help, they buy everything at the market. And my grandson just got married, maybe when I give him a plot of land, he will want to look after him
.
But I was faced with the fact that I do not have documents confirming my ownership of the country house and the land under it
.
And without them I can neither sell nor give away the dacha
. What can be done in this situation?
The case is quite common. Citizens use their dacha all their lives, think that they are the owners of the property, invest considerable funds in its improvement and do not suspect that they are not its owners.
Indeed, without having a certificate of ownership in hand, the owner of the dacha cannot dispose of it at his own discretion. For such summer residents who received or purchased plots back in Soviet times, a simplified procedure for registering property has been introduced, under the so-called “dacha amnesty”.
Having collected all the documents you have for your dacha, you first privatize the plot, register ownership of it and the dacha house with the registration service, receive the appropriate certificate, after which you can give it to your grandson.
My father is going to give me a dacha. All documents for ownership are available (for the country house and for the land plot)
.
But the fact is that we live in the regional center, and the dacha is located in a distant area
.
My father won't be able to go there
. Where can we complete the transaction, and will they accept my documents for registration without his presence?
The dacha donation agreement is drawn up in simple written form. Therefore, you can compose it yourself by finding a sample on the Internet
. The main condition is to carefully fill out all the points and do not forget to sign the gift document.
Your father’s interests in the transaction can be represented by any individual he trusts, including you. This can only be done with a notarized power of attorney.
. The power of attorney must specifically indicate the details of the representative, the donor (your father), whose interests you or another person will represent, as well as the authority for state registration of the transfer of ownership of the objects of the gift.
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Can I donate an apartment that was given to me? This question gnaws at the owners of real estate received by gift. The gratuitous transfer of property to another person raises many questions - is it possible to donate a donated apartment, when can this be done, is it necessary to wait a certain period, and if the donor is alive, is it possible to transfer the object to the donor? The subtleties of this topic are discussed in our material.
Where to contact?
You can write the agreement yourself or use intermediaries for money.
Registration of the transfer of ownership takes place in Rosreestr.
Help with drawing up an agreement:
- realtors;
- lawyers;
- notaries;
- can be ordered at the MFC.
Reference! The service of drawing up a contract is paid.
The signed agreement is submitted to Rosreestr. As a rule, he accepts applications through the MFC by appointment. You can send copies of documents by registered certified mail with an inventory.
In some cases, the assistance of a notary is required:
- alienation of land and house occurs from a teenager from 14 to 18 years of age;
- the donor has limited legal capacity;
- at least one of the parties insists on notarization;
- the subject of the transaction is a share of real estate.
A notary establishment is not necessary if all owners of shares of land and houses donate them in one transaction (agreement).
In all other cases, contacting a notary is not necessary, but is not prohibited. He will explain every word and clause of the agreement to the parties and speed up the re-registration of rights. For a fee, he will draw up a deed of gift.
Features of drawing up a contract
Just as there are no standard plots of land, there are no single unified forms. Taking into account the need to comply with the structure and format of the document, the parties determine the terms of the transfer individually, taking into account the provisions of civil law.
Per share
Sometimes the property in respect of which rights are alienated is divided into shares between several landowners. Within the scope of their rights to real estate, each of the owners has the right to dispose of their share in the allotment at their own discretion. When selling a share, the consent of the remaining owners of other shares is not necessary, and the procedure itself corresponds to the generally accepted scheme of actions for the free alienation of rights in favor of another person.
Download a sample land share donation agreement (16.0 KiB, 278 hits)
The main feature is a clear indication of the size of the transferred land, as well as a description of the constructed objects, if any, and the exact location address.
The condition for successful re-registration will be the absence of encumbrances (arrest, claims of third parties, pledge, etc.)
Terms of gift
A deed of gift for land and a house involves the gratuitous and unconditional transfer of these real estate objects into the ownership of another person (Article 572 of the Civil Code of the Russian Federation), in this case:
The gift does not obligate the new owner to anything. The donor has no right to demand money, property, or services in return. In particular, the recipient is not responsible for land and other tax debts that the donor has accumulated.- The document should not contain any reservations , such as a ban on sale. You cannot donate land on the condition that the new owner pays all the old owner’s land tax debts.
The agreement may involve a promise to transfer a gift in the future, but not after the death of the donor (this will be regarded as a will). It is permissible to include a condition for canceling the transaction if the donor survives the donee.
If the donor dies before the actual transfer of the land and house, this responsibility shifts to his heirs. If, on the contrary, the donee passes away earlier, his successors do not receive rights to the property. This order can be changed by agreement.
The gift of real estate, unlike a will, is a two-way transaction. You cannot draw up an agreement alone, without the new owner or his representative by proxy . He must, by his signature, agree to accept the gift, the rights and obligations that flow from it. Rosreestr will also need his presence.
When donation is prohibited: article of the Civil Code of the Russian Federation
The main feature of property donation transactions is gratuitousness. If the transaction is imaginary or feigned, then it may be declared invalid.
The grounds for declaring a transaction invalid are specified in Art. 170 Civil Code of the Russian Federation:
- the transaction was carried out without the intention of achieving legal legal consequences that correspond to it;
- the transaction was carried out with the intention of covering up another transaction (including a transaction concluded on different terms).
It is prohibited to make a gift of property if either spouse is incapacitated or unable to understand the legal consequences of their actions.
The recipient has the right to challenge the transaction in court. The limitation period is 1 year.
The grounds for challenge are as follows:
- the alienated property is subject to the regime of common matrimonial property;
- the donee did not agree to the transaction;
- the donee has evidence that he did not agree to the transaction, which the donor knew about;
- at the time of concluding the transaction, the recipient was in a state of insanity; he took this step due to threats, violence, etc.
Tax on gifts of property between spouses
A gift transaction between husband and wife is not subject to tax. The gift agreement is gratuitous, and the donor does not receive any income. As for the donee, by law such people are exempt from taxation when receiving property as a gift from close relatives.
If a man and a woman live together without registering a marital relationship, then the transaction for the gift of real estate between them is taxable, since cohabitation does not have any legal consequences for the parties.
