One of the transfer options land plot relatives is to draw up a gift agreement. This transaction has a number of specific features that make it possible to change ownership as simply as possible, but at the same time require taking into account some nuances that may affect future relationships.
Features of gifting between relatives
A donation involves the transfer by one person to another person of certain property free of charge, for example, a plot of land. In this case, the donee receives, from the point of view of legislation, income that is subject to taxation at a rate of thirteen percent. However, this requirement does not apply to gifts between close relatives. According to the law, close relatives include:
- Spouses;
- Parents;
- Children;
- Brothers and sisters;
- Grandparents;
- Grandchildren.
Partial relationship is allowed, for example, stepbrother and sister. When drawing up a gift agreement, you can specifically indicate in it family relations between the parties to the transaction, which will avoid future questions from the tax authorities.
It should also be remembered that a gift agreement is the only opportunity to transfer your share in common shared property without the consent of other owners. This is especially true when there are not entirely favorable relations between the owners.
Sample land donation agreement 2016-2017
The gift agreement must be concluded in writing. There is no need to have it certified by a notary if the land plot that belongs entirely to the donor is being donated. In case of donation of a share in shared ownership, the deed of gift must be notarized.
The deed of gift must contain the following information:
- Full name each of the parties;
- Data on the transferred plot: cadastral number, its area, location, etc.
- Link to documentary evidence of the donor's ownership of the plot;
- If there are certain encumbrances, they must be specified in the contract.
Also, the parties can indicate in the contract the cost of the site, in which case it makes sense to indicate not the market value, but the cadastral value, since.
The agreement must be drawn up in three copies: for each party and for state registration authorities. The act of acceptance and transfer, which necessarily provides for the purchase and sale, is optional in this case; the parties can independently decide whether it is needed or not.
A gift agreement cannot contain conditions that limit the transfer of a land plot as a gift. Since the transaction is gratuitous, the parties have limited mutual rights and obligations. The donor must transfer the land plot free of charge, and the donee must accept it without any conditions. If the donee does not agree to accept the gift, the deed of gift is not concluded.
The deed of gift comes into force from the moment of state registration of the transaction in the manner prescribed by law. A gift agreement signed by the parties that has not passed state registration is invalid and does not give rise to a transfer of ownership. In practice, situations often arise when the parties have entered into an agreement and believe that the transaction has taken place and the recipient of the land as a gift uses it at his own discretion, but from the point of view of land legislation there is no transaction, the donee is actually using someone else’s property.
Advice: the law does not establish a period when a gift agreement must be submitted for state registration, but you should not delay this, and the point here is not only that the transaction is not considered concluded without registration, but also possible changes in legislation, which will entail the need to redo the deed of gift.
Donation of land to a relative - documents in 2016-2017
To draw up a gift agreement, the parties will need to prepare a number of documents. The donor needs:
- Passport;
- Certificate of ownership of the land plot;
- Documents of title, for example, a purchase and sale agreement;
- Cadastral plan.
The donee will only need a passport; sometimes lawyers and notaries also ask for written consent to accept the gift, but most experts agree that such a document is not needed, since the signing of the gift agreement by the donee is actually consent to accept the gift.
Based on these documents, a gift agreement is drawn up. This can be done by any lawyer, notary, or the parties themselves, using the sample.
When the deed of gift is drawn up, the parties need to sign it and submit the following package of documents to the Rosreestr authorities:
- Donation agreement in 3 copies;
- Passports of each party;
- Application for transfer of ownership;
- Receipt for payment of state duty;
- Title documents for the land plot;
- Notarial consent of the second spouse - if the land plot is joint property;
- Resolution of the guardianship authorities - if the donor is a minor.
To register a transaction in Rosreestr, the presence of the donor and the donee or their representatives, who have a notarized power of attorney with the authority to register real estate transactions, is required.
The period for registering a transaction cannot exceed thirty days from the day following the day of submission of the package of documents for the transaction. If you submit a notarized donation agreement, the registration period is reduced by an average of two times.
Consequences of deed of gift
After state registration of the gift agreement, the donor loses all rights to the donated land plot, and the donee becomes its owner. The legislation provides for the possibility of canceling a donation only if after this transaction the donor has experienced a significant deterioration in health or financial situation. For example, a grandfather, suffering from a serious pulmonary disease, lived on a country plot that he gave to his grandson, and is now forced to live in the city. As a result, his condition worsened, since, according to doctors, he needed fresh air. This basis makes it possible to cancel the donation. In this case, the Civil Code of the Russian Federation provides for the indisputable right of the donor to terminate the gift agreement. In practice, such termination cannot be accomplished without trial. In addition, the deed of gift can be terminated through the court in the following cases:
- Attempts on the life of the donor or his close relatives;
- The donee significantly worsens the condition of the donated land.
In life, the second situation is most common, for example, the donee, on a land plot intended for agricultural production and which is highly productive arable land, erects residential buildings for the purpose. Often the inappropriate use of land is associated with the buildings located on it. For example, the donee can lease out a plot of land, and, for example, a cowshed, will provide for the placement of an automobile repair shop in it and in the adjacent territory.
In turn, the donor is responsible for damage caused to the life and health of the recipient as a result of a lack of land that arose before the signing of the deed of gift. The only exceptions are those shortcomings that were known to the parties and are reflected either in the contract or in the acceptance certificate.
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Deed of gift - great option transfer your land to loved ones with minimal hassle. To conclude it, you don’t even need to know what the Unified State Register is or the procedure for determining cadastral value; just contact a lawyer or notary who will do everything necessary. The advantages of this deal are minimum costs in terms of time and finances. Expenses here will only be required for the services of a lawyer or notary, as well as payment of state fees. The new owner does not need to pay tax on the received land plot, since gifts between relatives are not taxed, regardless of how much the land plot is worth.
Typically, loved ones prefer to transfer property free of charge. To simplify the conclusion of a transaction, the law allows you to draw up land donation agreement between relatives in 2020. By drawing up the document, the parties will be able to change the owner of the property without paying a fee. In a number of situations, you can avoid paying tax to the state treasury. The land donation agreement must be drawn up correctly.
The donor and the donee are obliged to follow the provisions of the current legislation. Papers executed with violations can be challenged in the future.
Therefore, it is necessary to familiarize yourself with the rules for registering a deed of gift in advance. Thus, not all property owners have the right to transfer it to another person. If the donor is incapacitated or a minor, such a transaction will subsequently be declared invalid. There are a number of additional restrictions. We’ll talk further about how to correctly draw up a deed of land, what documents are required to conclude an agreement, and in what cases it is necessary to pay taxes.
The conclusion of a land donation transaction begins with the execution of an agreement. It is compiled in in writing and signed by the donor and the recipient. The deed of gift must contain a number of mandatory information. Their absence will lead to the paper being invalidated. The contract must describe in detail the subject of the donation.
In the case of a land plot, you will need to provide the following information:
- the name of the property being donated;
- location of the land plot;
- category of land;
- cadastral number;
- availability of permission to use;
- land area.
Additionally, the deed of gift must indicate the existence of an encumbrance, the rights and obligations of the parties, as well as other restrictions. If the text of the deed of gift lacks mandatory clauses, it will be declared invalid. To make a donation, it is not necessary to draw up an act of acceptance and transfer of land.
The parties have the right to include additional clauses in the agreement. The deed of gift can indicate the validity period of the document, the rights of heirs and other features.
If additional items are missing, this will not be a reason for refusal of registration. Doing the paperwork yourself can be problematic. Experts recommend using ready-made form. You can download a sample agreement for the donation of a land plot between relatives on the Internet.
Preparation of deed of gift
If the land owner wants to transfer property free of charge to relatives, he will need to prepare a package of documents. The list is regulated by the current legislation of the Russian Federation.
The parties will have to provide:
- Completed application. The paper is drawn up by each of the participants in the procedure. The donor indicates that he wants to transfer the land free of charge. The recipient states that he accepts the gift.
- A receipt confirming payment of the state duty. The original and a copy of the document are provided.
- Passports of participants in the procedure.
- Donation agreement. If the parties independently draw up an agreement, three copies of the paper can be prepared. If a notary is involved in the procedure, an additional copy will be required.
- Papers confirming the existence of land rights. A copy must be provided along with the original. Specialists can independently request data from Rosreestr.
- Consent of the guardianship authorities, if one of the parties to the transaction is a child. The document is provided in 2 copies.
- Permission from the donor's spouse if the plot is joint property. The paper is presented in the form of an original and a copy.
Land rights can be transferred either to a close relative or to another citizen. The law does not establish restrictions. However, there are a number of conditions that serve as grounds for declaring a transaction invalid.
Download a sample land donation agreement between relatives:
A concluded agreement is recognized as such in the following situations:
- real estate is donated to a commercial organization;
- the donor is a child under 14 years of age or a person declared incompetent;
- persons working in government organizations who accept property as a gift from a ward, client or visitor;
- the donor is a person who does not have permission to turn over the land.
If there is a permanent structure on the site, you cannot donate only the land. The property is donated along with the building. The parties involved in the transaction must be personally present during the execution of the contract. If such a possibility is not available, the law allows the delegation of powers to a representative. For this purpose, a power of attorney is issued.
Registration of donation of land
When the deed of gift for land between close relatives has been drawn up and the package of documents has been prepared, you can proceed directly to the procedure for registering the transaction. To do this, you need to contact Rosreestr or MFC. You must have a prepared package of documentation with you. If papers are provided in the required quantity, they will be accepted for consideration.
The analysis procedure takes 10 days. When the period ends, authorized specialists will register the transfer of ownership or temporarily suspend the registration process.
If the registration process has been suspended, participants have the right to correct the mistakes made and re-apply to Rosreestr. The maximum period for stopping is one month. At the initiative of the donor, the period can be extended by another 3 months. If the parties do not have time to correct the documentation within the established period, they will be denied re-registration of property rights. To avoid wasting time, it is recommended to consult a lawyer or download a ready-made sample land donation agreement.
Features of taxation when donating
If land is donated, a tax will be required to be paid to the state treasury. If relatives are involved in the procedure, payment of the fee can be avoided. Privileges are granted only to persons who are close relatives.
In accordance with Article 14 of the Family Code of the Russian Federation, these are:
- brothers and sisters;
- husband and wife;
- parents and children;
- grandparents.
Single-parent or adopted children, as well as adoptive parents, are also recognized as close relatives. Persons entitled to donate land on preferential terms will only have to pay a state fee. Its size in 2020 is 2000 rubles. Additional payment to be made cash for the transfer of land rights. The amount is 350 rubles. The need for the above payments is regulated by the Tax Code of the Russian Federation.
If the state fee has not been paid, the documentation will be returned to the applicant within ten days. The deed of gift will not be considered.
If the parties to the transaction are not close relatives, you will need to pay tax. Its size is 13% of the value of the donated land. If a person does not know how to draw up a standard contract, it is recommended to use a ready-made template as an example of filling it out.
Consequences of donating land
When land registration is completed, the former owner loses the right to a garden, dacha or other plot. The donee becomes the owner of the property. However, the current legislation of the Russian Federation contains a number of conditions under which the transaction can be cancelled. The donor himself has the right to challenge the conclusion of the agreement. His requirements can be satisfied if financial situation and the citizen's health deteriorated greatly.
The transaction can only be challenged in court. The claim will need to be supplemented with documentation confirming the applicant’s correctness.
The Civil Code of the Russian Federation fixes additional conditions, in which the transaction is cancelled. Such a decision is made if the contract was signed under physical or moral pressure, or the plot with the house has fallen into disrepair as a result of the actions of the donee. This decision is made depending on the individual characteristics of the current situation.
In practice, deeds of gift are drawn up quite often. However, often the property is in shared ownership. A citizen has the right to donate only his share. All other owners of the property must agree with the implementation of the action. Written permission will need to be attached to the list of documentation. All property owners must write it.
Co-owners of the land have a priority right to purchase their share. Before registering a deed of gift, you will need to notify other property owners about the planned action, and then wait 30 days.
A period is provided for them to issue a refusal to purchase property in gardening. If a response is not received within the prescribed period, it is considered that other owners have refused to purchase the land. Notification of the transfer of property as a gift must be in writing and then handed over personally to the other owners of the site or sent by registered mail with a description of the contents. If a person independently transfers documents, it is worth asking for a mark indicating that citizens have read the paper and studied its contents. If a person is the sole owner of a plot, he has the right to donate the property in full or transfer only a share in it. Documents must be completed correctly. To know how to draw up papers correctly and what form of document to use, it is recommended to study the provisions of the Civil Code of the Russian Federation. If only part of the property is transferred, the gift agreement is drawn up in accordance with the classical rules. However, the parties will have to additionally indicate the size of the transferred share, its area and location of the site.
The presented free sample of a land donation agreement between close relatives is recommended by Rosreestr, and can be downloaded via a direct link.
To draw up a gift agreement between relatives, most people turn to experienced practicing real estate lawyers. Today, in order to donate a plot of land to a loved one, it is enough to fill out a sample gift agreement yourself and submit it for registration. The free form of execution was provided for by the legislator after the start of operation of the body registering the transaction. The free sample land donation agreement presented on the page is recommended by Rosreestr, and can be downloaded via a direct link.
It must be remembered that only the gift transaction that actually takes place between close relatives will pass without consequences. The concept of close relatives is clearly defined by law. Often, when ordering a gift deed from lawyers, people hide this information, thereby deceiving themselves. Tax office, having received information on the transaction, can conduct a check and reveal the absence of a blood connection between “close relatives”. Such a case obliges the donee to pay tax on the market value of the property.
Mandatory clauses of the agreement for the gratuitous alienation of a land plot between relatives
:- At the top - the name of the document, place and date of writing;
- Full name of the parties to the agreement, registration addresses, date of birth;
- A technical description of the land plot and a direct indication of its free transfer into full possession and disposal to another person;
- It is important to record the objects on the land plot: a house, an unfinished building, etc. The absence of a direct indication of buildings in the gift agreement between relatives may serve as a reason for suspension if the database contains information about the presence of construction projects on the land plot;
- General provisions governing the institution of gratuitous alienation, rights and obligations, signatures of the parties are included at the end of the contract.
The owner - the owner of a land plot has the full right to transfer it into ownership to another person free of charge.
To do this, you need to draw up a special document - a land donation agreement.
How to draw up a contract correctly
This legal procedure is most appropriate if the parties to the transaction are close relatives; however, in accordance with current legislation, the owner of a land plot has the right to issue a deed of gift not only to a member of his family, but also to a person with whom he is not related.
If we consider the donation of real estate from a financial point of view, then registering a deed of gift will cost an order of magnitude cheaper than re-registering a plot of land to another owner. However, there are regulations established by law that both parties to the transaction must comply with.
Documents required for execution of the contract
Like any real estate transaction, registration of a deed of gift begins with the collection of documents. The owner of a land plot is required to provide a document confirming his ownership of the land. If the land plot is pledged (for example, the owner previously registered bank loan secured by land) or under arrest, the transaction cannot be completed due to existing restrictions.
Also, the owner of the land is required to provide a cadastral plan of the land plot, a certificate of payment of land tax, a document on the estimated value of the real estate subject to donation, as well as an extract on the presence (absence) of residential and non-residential buildings or objects under construction on the site.
This list of documents is mandatory for the execution of any land donation agreement, but in some cases additional certificates or extracts may be needed, which may be requested by the notary preparing the deed of gift. For example, land may be owned not by one person, but by several. In this situation, to register a deed of gift, you will need the notarized consent of the remaining owners of the property.
Don't forget to pay tax
Another important issue is the payment of tax on the donated plot. There are also some nuances here: if the parties to the transaction are closely related (children and parents, spouses), then the property received as a gift is not subject to tax. For distant relatives and unrelated persons, the payment amount will be 13% of the assessed value of the land.
On our company website you can download a sample for free standard contract to familiarize yourself with all the nuances of this legal procedure in advance. During the consultation process, our employee is ready to explain to you all unclear or controversial points, which will make it possible to fully master the information related to the transaction.
Land donation agreement
___________________________________________________________
(place and date of conclusion of the Agreement in words)
Gr. _______________, hereinafter referred to as "Donor", on the one hand, and gr. _______________, hereinafter referred to as ____, hereinafter referred to as the “Grantee”, on the other hand, have entered into this land donation agreement, hereinafter referred to as the “Agreement”, as follows:
plot of land with a garden house Gr. , passport: series, No., issued, residing at the address: , hereinafter referred to as “ Donor", on the one hand, and gr. , passport: series, No., issued, residing at the address: , hereinafter referred to as “ donee", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:- transfers ownership of a land plot with a cadastral number with an area of sq.m. free of charge. and the garden house located on it is a residential building without the right to register residence, located at the address: . The donated land plot is classified as agricultural land and is intended for gardening. On the land plot there is a one-story wooden garden house transferred under this agreement - a residential building without the right to register residence with a total area of sq.m. Conditional object number.
- The above-mentioned land plot and garden house - residential building without the right to register residence belong on the basis of: .
- The parties value the donated property in rubles.
- accepts a gift from the specified land plot and garden house - residential building without the right to register residence.
- Before the completion of this agreement, the donated property has not been sold to anyone, not given as a gift, not pledged, not encumbered with the rights of third parties, and is not in dispute or under prohibition (arrest). The Donor confirms that there are no claims of third parties to the alienated property.
- The actual transfer by the donor to the donee of a land plot and a garden house - a residential building without the right to register residence at the time of signing this agreement was carried out. The said real estate was accepted by the donee.
- The parties, within days from the date of signing this agreement, submit to the Department Federal service state registration (hereinafter referred to as the “Registration Authority”) of an application for state registration of the transfer of ownership of the alienated property to the donee. The right of ownership to real estate arises from the moment of state registration of the donee.
- The agreement comes into force from the moment it is signed by the parties.
- This agreement has been drawn up in four original copies, the first two of which remain in the files of the registration authority, the third is issued after state registration of property rights to the donee, and the fourth to the donor.