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It is possible to transfer any movable and immovable property into the ownership of another person free of charge. It can be a car, an apartment, land, etc. However, it is not always enough to simply transfer the property to another person, it often becomes necessary to legally confirm the fact of the transaction and the transfer of ownership. In this regard, you need to know how to issue a deed of gift, what documents you need to collect for this.

The donation agreement is drawn up in writing. It must comply with legal requirements. Otherwise, it may be invalidated, and this will lead to the cancellation of the transaction. The donor and the donee sign the contract after it is drawn up.

Is it necessary to contact a notary? How to issue a donation correctly?

It is not necessary to contact a lawyer. But in order to draw up a document for sure correctly, it is better to contact either him or legal advice.

If the object of the donation is simply signing an agreement, and if real estate, state registration is also carried out (only after that the right of ownership is transferred).

How to issue a deed of gift, what package of documents should be provided?

statements from both sides state registration. Can be filed by their representatives under a power of attorney certified by a notary;
identity document (passport);
document confirming the payment of state duty for state registration;
donation agreement in 3 copies;
for residential premises - an act of acceptance and transfer and a plan (original and copy), certified by an organization for accounting for real estate objects;
other documents that may be needed (depending on the property that is the object of the donation).

When making a donation, a tax of 13% of the value of the transferred property is levied. Exception: if the donor and the donee are representatives of the same family, or In this case, the tax does not need to be paid.

How to issue a donation for an apartment?

To do this, in addition to the above documents, you must provide:

a document that confirms the donor's ownership of the apartment;
cadastral passport of the apartment (issued by the BTI);
consent of the spouse, if any (notarized);
a certificate containing information about the persons registered in the apartment;
a certificate obtained from the technical inventory bureau, with an assessment of the apartment.

When registering an apartment, it is desirable that the donation agreement be drawn up with the participation of a notary, since in case of loss of the document, you can get a copy of it.

How to issue a donation for a house?

The contract is also drawn up in writing without or with the participation of a notary. Scroll required documents can be adjusted depending on the situation, but in general it is similar to the one needed for decorating an apartment. After the home, it must be registered with the registration service.

To donate a car, it is necessary to deregister it with the State traffic inspectorate. Then draw up an agreement, preferably with the participation of a notary, in order to avoid mistakes in its preparation, which can lead to a contestation of the document. After that, the gifted person must register the car with the State traffic inspectorate. A car donation agreement can be carried out not only by the owner, but also by any other person who has such a power of attorney issued for a period of not more than 3 years and can also be drawn up in a simple written form or certified by a notary. In order to avoid unnecessary delays when making a donation, it is better to use the second method.

As well as by persons who are not related, except for civil servants and officials, who are prohibited from accepting as a gift any rewards, including material ones, related to the implementation official duties ().

Difference between donation and sale agreement:

Sale and donation are similar in that documents can be drawn up in plain or notarized form and registered accordingly.

If claims may arise from the donor's relatives, it is better to draw up a deed of gift from a notary in order to involve him as a witness, if necessary. He will confirm that at the time of filing the documents, both parties were capable and sane.

Sometimes it becomes necessary to transfer an apartment or its share related to property jointly acquired in marriage,. In this case, to begin with, a marriage contract is concluded or a marital share is drawn up from the common property (Civil Code of the Russian Federation Article 254), and then a donation is drawn up.

Article 254 of the Civil Code of the Russian Federation. Division of jointly owned property and allocation of a share from it

The division of the common property between the participants in joint ownership, as well as the division of the share of one of them, may be carried out after the preliminary determination of the share of each of the participants in the right to the common property.
When dividing common property and allocating a share from it, unless otherwise provided by law or by agreement of the participants, their shares are recognized as equal.
The grounds and procedure for the division of common property and the allocation of a share from it are determined in accordance with the rules of Article 252 of this Code, insofar as otherwise for certain types joint ownership is not established by this Code, other laws and does not follow from the essence of the relations of participants in joint ownership.

Necessary documents and cost of the transaction

To transfer ownership of housing, it is necessary to prepare the following:

If the parties have recourse to a lawyer, they can:

confine yourself to drawing up a deed of gift in a simple written form;
draw up a document in a notarial form.

In the first case, the cost of a lawyer's services when alienating property to a close relative includes (rubles):

registration of the contract - from 2000 to 10000;
registration in Rosreestr - from 3000.

The services of a lawyer in issuing a deed of gift to a close relative in a notarial form will cost (rubles):

registration of the contract - from 5000 + 0.3% of the cadastral value of the property (but not less than 300);
inventory - from 2000.

Lawyer’s services for issuing a deed of gift to a person who is not a close relative in a notarial form (RUB):

registration of the contract - from 5000 + 1% of the cost (but not less than 300), if the apartment is valued at less than 1 million; from 5,000 + 10,000 + 0.75% at a cost of 1 million to 10 million; from 5,000 + 77,500 + 0.5%, if over 10 million;
registration in Rosreestr - from 3000;
inventory - from 2000.

A donation agreement for an apartment is drawn up when it is necessary to transfer the living quarters to someone free of charge in accordance with the rules provided for by the legislation of the Russian Federation. It is subject to the provisions of Art. 421 of the Civil Code of the Russian Federation and Chapter 32 of the Civil Code of the Russian Federation.

The deed of gift is considered one of the most reliable documents. It is difficult to dispute it, it requires a good reason.

However, to prevent this from happening, it is important to compose it correctly. Particular attention should be paid to the points that should be in the text of the document:

information about the donor (full name, passport details, place of residence);
information about the recipient;
characterization and definition of the subject of the transaction. If such is housing, then it is necessary, on the basis of title papers, to indicate in the contract the area, location address, number of rooms and other important data;
presence of special conditions. If the donor wishes to retain the lifelong right to reside in the donated object, he has the right to indicate this in the text;
date of transfer of the gift or promise of transfer in the future;
signatures of the donee and the donor.

An agreement on the transfer of property as a gift can be drawn up in a simple written form. The law does not oblige the parties to the transaction to certify it by a notary.

The procedure for drawing up an agreement depends on whether it is drawn up independently, or the parties turned to a notary for help.

The procedure for drawing up an agreement for an apartment

The donation agreement is drawn up in a certain order. Moreover, the sequence of actions of the participants in the transaction is determined depending on whether they draw up an agreement on their own or turn to a notary for this.

Self-registration of a donation for an apartment

If the parties decide to draw up an agreement document on their own, they need to be guided by the rules of the Civil Code of the Russian Federation and use a sample document. It is enough to issue it in a simple written form and sign the donor and the donee.

Contacting the MFC or the registration authority at the location of the property.
Payment of the state fee for the issuance of a certificate.
Submission of an application for registration with the application of the required documents. In exchange for the received papers, the employee who accepted them will issue a receipt and inform the date of application for the result.
Waiting for registration and contacting the registration authority on the appointed day. You must have a receipt for the receipt of documents with you.
Obtaining a ready-made certificate or a reasoned refusal to issue it.

In case of refusal, we correct the shortcomings and submit the application again.

The package of documents that must be submitted for registration includes:

statement;
title document confirming that the gift was the property of the donor;
passports of participants in the transaction;
receipt of payment of state duty;
other papers required in a particular case.

After receiving the certificate, the registration of real estate in the property is considered completed. However, if the recipient is not a close relative of the donor, you will have to pay 13% of the value of the donated object as a tax.

When contacting a notary to draw up and certify a deed of gift, the following advantages are revealed:

the absence of errors in the content of the document. The notary will draw up everything correctly and take into account the requirements of the law for the form of deed of gift;
reducing the chances of challenging the donation;
independent work of a notary with documents and state registration.

However, drawing up a donation agreement with a notary has disadvantages. All of them consist in increasing the cost for drawing up a contract, which will consist of:

payment for the services of a specialist who has the right to charge cash for consulting and other services;
payment of state duty. It is charged for assurance;
gift income tax, if the donee is not a close relative of the donor;
state duty for registration of rights. When registering with a notary, if he himself draws up the state registration, the state fee is paid to him, and he will pay it to the registering authority.

Gift to relative

An agreement on the transfer of property free of charge in favor of a relative is drawn up in the same way as in favor of another person. The difference lies solely in the cost of registration. Moreover, it is of decisive importance what kind of relative the donee is.

If registration takes place in a notary's office, then a significant difference is in the amount of the state fee. Namely, in favor of parents, children, spouse (s) and grandchildren, the state duty rate for certification of a deed of gift is equal, depending on the value of the gift:

up to 10 million rubles the fee will be 3,000 rubles + 0.2% of the assessed value of the donated property;
more than 10 million rubles - 23,000 + 0.1% of the assessed value of the property, which is more than 10 million.

For a donation in favor of other persons, the amount of the fee is, depending on the value of the donated property:

less than 1 million rubles - 3000 rubles + 0.4% of the estimated amount;
from 1 to 10 million - 7000 rubles. + 0.2% of the estimated value of the donated property, over 1 million rubles;
more than 10 million rubles - 25,000 rubles + 0.1% of the amount, above 10 million rubles, but in the end no more than 500,000.

In addition, the existence of the obligation to pay tax depends on the presence and proximity of kinship. If the donee is a close relative of the donor, he is exempt from paying tax on income received as a result of the transaction.

Where to draw up a contract

Gift real estate does not require mandatory notarization. This is what gives the parties to the donation the right to make a deal anywhere. Further actions of the participants in the donation transaction should be based on the need to register the right of ownership. The donee must apply to the registration authority, where the registration of the apartment in the property will continue and it will end with the receipt of a certificate of state registration of the right.

Contract of donation of an apartment for a son

Drawing up an agreement on the transfer of property as a gift to a son does not differ from the standard procedure. As the donee, it is necessary to register the data of the son: his full name, passport data, etc.

Drawing up such a paper allows you not to pay income tax.

This is due to the presence of a close family relationship between the participants in the transaction.

In addition, if the transaction is formalized by a notary, the state fee for certification is paid at a reduced rate.

How to issue a donation share of an apartment

The agreement can be drawn up not only for the entire living space, but also for a share. The donor, possessing the whole apartment, has the right to donate part of it. In addition, the donor himself may be the owner of only the share of real estate that he is entitled to donate.

Registration of a transaction for a share of living space is carried out according to general rules inherent in the preparation of a donation. However, in the text of the document, it is important to correctly designate exactly the share that passes to the donee.

The amount of the state duty and all other expenses arising in the course of the transaction are calculated in the same way as for other types of property.

Thus, a donation agreement can be drawn up for many types of property, both in favor of a relative, and in favor of another person. The costs associated with the execution of a donation agreement arise depending on various factors. If the donation is issued independently, then the costs will be minimal. If a notary is involved in the case, the costs will be higher.

Hello. Since 2014, I have helped 23 clients complete donation deals for their apartments. Now the law has changed, so the instructions for issuing a donation have also changed.

To arrange a donation (donation) of an apartment, you need to draw up an agreement and submit it along with other documents to the MFC or the Registration Chamber (UFRS) so that the transaction itself is registered there. The donation instructions on this page are relevant for 2019 and are suitable for most cases.

There are also separate articles on different situations, choose yours:

Stage number 1 - order a donation agreement

Previously, a contract in a simple form was suitable for formalizing an apartment donation transaction. A simple form refers to a regular contract printed on A4 sheet. But since June 2016, in most cases, they began to require a contract only in a notarized form - clause 1 of Art. 42 federal law N 218-FZ. Those. first you need to certify (certify) the donation agreement with a notary, and only then submit it to the MFC or to the Registration Chamber for registration.

How can I find out which contract is needed in my case - in a notarized form or a simple one?

A notarized contract is required if an apartment is donated, in which several owners share - shared ownership (taken from our article). It makes no difference whether this apartment is given to a relative or not, to one or several, etc. Since the apartment is in shared ownership, then you need to contact a notary public so that he draws up and certifies the contract. Read the article at the link how to certify an apartment donation agreement at a notary public, what documents are needed + how much does this service cost.

In other cases, an ordinary contract in a simple form is suitable, namely: 1) when an apartment is donated, which has one owner. This is called individual property; 2) when spouses donate an apartment that they jointly own.

Even if the donation agreement is suitable in a simple form, then you do not need to draw it up yourself. I strongly advise you not to look for contract templates on the Internet. Almost all templates on the Internet are outdated or generic. Understand that almost every donation transaction is individual, and standard templates do not have those items that need to be specified in each specific case. Therefore, contact a lawyer, because. he will look at the situation of the donors and the donee, take into account all the nuances and draw up the correct contract. After all, if even one spelling mistake is found in the contract, the deal can be suspended.

In order not to look for a lawyer yourself, you can leave an application for drawing up a donation agreement in the Pravoved.RU service. How to leave a request, read the instruction with pictures. On average, the contract costs 1000 - 3000 rubles.

Pravoved.RU is also convenient in that you do not need to visit various offices, all work is done online. The service works like this: 1) You leave a request. The application itself is free and does not obligate you to anything; 2) Professional lawyers send their proposals within 5-10 minutes, for how much they are ready to draw up a donation agreement; 3) Choose the lawyer you like by price, reviews, experience; 4) Discuss the donation agreement with a lawyer. If you don’t know what to add to the contract and don’t understand it at all, then just write the situation: who wants to donate an apartment, to whom an apartment is being given, why and why. Lawyers will orient themselves in your situation; 5) Now you can pay for the service; 6) After payment, the lawyer will draw up a contract and send a link to download it.

Donation agreements in a simple form can be signed in advance, or done in front of an employee at the MFC / Registration Chamber (next stage), there is no difference. The employee himself does not certify signatures. But if the contract is in a notarized form, then sign it in front of a notary, because then he will certify these signatures.

→ Lawyers will draw up an apartment donation agreement for you Leave an application and lawyers will draw up an apartment donation agreement without errors. Without going to the office. Plus free legal advice. Lawyer.RU

Stage No. 2 - we apply to the MFC or to the Registration Chamber (UFRS) to register a donation transaction

If the donation agreement was drawn up with a notary (in a notarial form), then the notary is obliged to submit the registration agreement FOR FREE AND ON THE SAME DAY. This is already included in the transaction certification service. Notaries have such obligations since February 2019 on the basis of Art. 1 of the Federal Law of August 3, 2018 N 338-FZ. This law excluded the notary's tariff from Art. 22.1 Fundamentals of the notary, and added in the 2nd paragraph - the notary does not have the right to charge money for additional legal services.

The notary will submit the documents to in electronic format. Then the transaction must be registered in one business day. If the notary does not have the opportunity to submit electronically, then he or his assistant must submit documents in person to the Rosreestr branch and within a maximum of 2 working days. And the registration deadline will be 3 business days after submission. All this is indicated in paragraph 9 of Art. 16 of the Federal Law on Registration of Real Estate dated July 13, 2015 N 218-FZ.

The parties must pay the notary only the state duty for registering the transaction - 2000 rubles (clause 22 clause 1 article 333.33 of the Tax Code of the Russian Federation). If the notary submits documents electronically, then Rosreestr has set a discount of 30% - you only need to pay 1,400 rubles. The donee pays the state duty, but in practice, the notary does not care who gives the money.

If the parties did not draw up the contract with a notary (in a simple form), then they themselves submit it for registration. Since 2017, in many cities, it is possible to apply for donation registration only at the MFC. Then the MFC employee themselves transfer the documents to the Registration Chamber. Those. The Reg. Chambers of citizens are no longer accepted directly, but only through an intermediary in the form of an MFC. If in your locality documents can be submitted directly to Reg. Chamber, it is better to do so.

The submission of documents to the MFC or to the Reg. Chamber does not differ, therefore, in the instructions, I indicated through the MFC.

The donor(s) and the donee(s) need to apply to the MFC, pay the state duty and submit signed agreements with other documents.
If the donee is under 14 years of age, then his presence is not required, one of the parents (guardian, trustee) must be present. If the donee is between 14 and 18 years old, then one of the parents (guardian, trustee) must be present with him.

State duty for registration - 2000 rubles(clause 22 clause 1 article 333.33 of the Tax Code of the Russian Federation). Payment details can be obtained from the employee. The cash desk is usually located in the MFC building itself. Now the position of Rosreestr is such that the donee pays the state duty. In practice, it doesn't matter who pays the state duty, it's all by agreement. It's just that the donee will be indicated in the checks for payment.

After paying the state duty, in order of priority, the employee should give the documents in the originals:
- Passports of donors and donee;
  If the donee is from 14 to 18 years old, his passport and the passport of one of the parents. If the donee is under 14 years old, his birth certificate and passport of one of the parents.
- donation agreements;
  The number of copies of the agreement depends on the number of participants in the transaction, plus one copy remains at the MFC. For example, if there are two donors and one donee, then 4 copies are needed.
  
  Contracts are signed by both parties. If the contracts are in a simple form, then you can sign them in advance or in front of an MFC employee, there is no difference. If it is in notarial form, then it is signed in front of a notary.
  
  If the donee is under 14 years old, one of the parents (guardian, trustee) signs the contracts for him. If the donee is from 14 to 18 years old, one of the parents (guardian, trustee) signs the agreement with him.
- Notarized consent of the spouse (s) of the donor;
  This consent is required only if an apartment is donated, which was bought in marriage, but is issued only to one of the spouses. After all, an apartment purchased in marriage is considered the joint property of BOTH spouses, even if it is issued only to one of them (clause 2, article 34 of the RF IC). Consent is issued only by a notary (clause 3 of article 35 of the RF IC) and costs 1-2 tr. Additionally, you will need a marriage certificate.
- If donors want to stay to live (be registered) in the apartment after the donation transaction, then an extract from the house book / certificate of registered citizens will be additionally required. An extract is needed to prove that the donors really live / are registered in this apartment. How and where to get this extract - instruction. About accommodation, a separate clause should also be written in the donation agreement;
- If a trustee acts for one of the participants in the transaction - a notarized power of attorney (original and copy). However, donors cannot issue a power of attorney for the donee to sign a gift agreement for him, and vice versa. Because the donor and the donee cannot be in one person (clause 3 of article 182 of the Civil Code of the Russian Federation). They have the right to issue a power of attorney for each other, for example, to submit a signed registration agreement and receive it;
I listed above main list of documents, but additional ones may be required in each specific case. You can find out the full list in the help window from the consultant of the MFC / Reg. Chamber. Describe your situation in detail and the consultant will tell you what documents and certificates you need to collect in your particular case. You can also consult with a legal consultant of our site for free. Ask your question in the online consultant window at the bottom right of the screen or in