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Vendor comparison table for vendors. Working with suppliers: how to establish effective cooperation

Attention

If necessary, make additions to the contract - change the terms of its execution, the list of donation objects and other items, is compiled supplementary agreement.

The concept and parties of the donation agreement

An agreement under which one party (the donor) undertakes to free of charge transfer property to the other party (donee) or release him from obligations is called a donation agreement (Article 572 of the Civil Code of the Russian Federation). The transfer of the gift can take place not only in the future, but also at the time of the conclusion of the contract.

In the presence of reciprocal transfer of things or rights by the donee does not count as a gift. The provisions of Art. 170 of the Civil Code of the Russian Federation.

It is impossible to conclude an agreement according to which the transfer of things and rights will occur only after the death of the donor. The only way to do this is for the citizen to commit wills.

Contract form

The form in which the donation agreement should be made is determined depending on the conditions for concluding the transaction - the subject of the agreement, its parties, etc. In accordance with Art. 574 of the Civil Code of the Russian Federation, an agreement can be drawn up not only in writing, but also in oral form. The first method is required only in the following cases:

when it was promised to make a gift in the future;
if the donor is entity(organization), and the price of the gift is more than three thousand rubles.

If in the above situations the contract is made orally, it worthless and does not create rights and obligations.

Note

The transfer of the gift occurs either by actually handing it to the donee, or with the help of a symbolic gift (car keys). Instead of handing over the thing itself, documents on it can be transferred.

Terms of the gift agreement

The donation agreement includes conditions, which include the terms, the price of the agreement, the subject of the agreement, provisions on resolving disputes, etc. All conditions are divided into several groups: significant, ordinary and occasional. In addition to them, the document includes a preamble, data on the parties to the transaction and signatures of the parties or their representatives.

To essential conditions include items of the document without which the contract cannot be concluded. They are listed in the relevant acts and must be contained in the document.
Additional terms may not be included in the text of the contract - in this case, their presence and knowledge of the parties to the transaction are implied. These conditions include the duration of the contract. If it is specified, then the gift can be made during the entire specified period. If the term is not defined, the gift must be made at the time of the contract.
Random contract terms donations are made to the text only by agreement of the parties. Their absence in the contract does not make it invalid. Random conditions serve to supplement or change the usual conditions.

Procedure for making a donation

Gift agreement, in accordance with Art. 574 of the Civil Code of the Russian Federation, may be committed orally or in simple written form. By law, such an agreement not subject to notarization, but if desired, the parties can contact a notary who will help in its preparation.

The order of registration of the contract

Additionally

When drawing up a contract in a simple writing it indicates the data of the parties and information about the property to be transferred to the donee. A promise to donate all or part of an existing property without pointing to a specific thing makes the contract invalid (clause 2 of article 572 of the Civil Code of the Russian Federation).

The contract is signed by the parties, after which its provisions become legally binding. A document concluded after 2013 does not need to be registered.

Required documents

Documents required to complete a written donation agreement include:

passport of the donor and the donee;
a marriage document, as well as a marriage contract (if any);
consent of the spouse to the donation of property. Notarized consent is needed only when donating real estate that is jointly owned;
a certificate stating that the donor is not married (when donating real estate);
property documents;
documentary confirmation of the absence of debts related to property (utility payments);
a document indicating the value of the gift;
permission to donate property if the transaction affects the interests of a minor. The permit is issued by employees of the guardianship and guardianship authority.

The cost of a donation agreement

The final amount that you need to pay when drawing up a document is affected by the method of concluding the contract. If for this the parties to the transaction turned to a notary, in addition to the mandatory payments, you will need to pay notary services. Mandatory payments are:

gift tax, constituting 13% for residents of the Russian Federation and 30% - for non-residents. When donating property to close relatives (grandchildren, children, brothers, sisters, parents, grandparents), tax is not paid;
National tax for state registration of rights to real estate for individuals is 2000 rubles, for legal - 22000 rubles(as of 2015). The amount of the fee is specified in paragraph 22 of Art. 333.33 of the Tax Code Russian Federation(NK RF).

Additional agreement to the contract

The contract may be amended and supplemented by additional agreement drawn up on the basis of an agreement. With it, it is also possible to terminate the document. Since the agreement is part of the contract, it is drawn up on the basis of the provisions contained in the document. Agreement cannot be made without the consent of one of the parties to the contract and may not be contrary to applicable law. It creates rights and obligations from the moment of its signing or from the date specified in the agreement itself.

The agreement contains a list of conditions that have not previously been included in the main contract, and instructions on the abolition or amendment of certain provisions in it. The document is signed by the parties to the transaction and goes through the same registration procedure as the main contract.

Registration of property rights when donating real estate objects

The owner of real estate has the right to donate it to another person in accordance with Art. 572 of the Civil Code of the Russian Federation. After the conclusion of the contract and the receipt of property, the donee must contact the registrar body of the Russian Federation for registration of the transfer of ownership.

The body responsible for registering ownership of property received by the donee is Federal Registration Service of Cadastre and Cartography. Registration takes place in several stages:

preparation of documents;
payment of the state fee, the amount of which is determined in Art. 333.33 of the Tax Code of the Russian Federation;
submission of documents. It is allowed to use the services (multifunctional center). Documents may be submitted in person, by mail, or electronic form via the Internet;
documents must be ready within 10 working days, after which, in accordance with Art. 14 of the Law of July 21, 1997 N 122-FZ, the applicant receives a certificate of ownership.

The documents submitted to the Rosreestr branch include:

documents proving the identity of the parties to the donation agreement;
receipt of payment of state duty;
application for state registration;
three copies of the donation agreement;
certificate of ownership of the donor;
real estate documents;
extract from the house book;
consent of the donor's spouse certified by a notary to complete the transaction (Article 35 of the RF IC);
permission of the guardianship authority if the transaction affects the interests of a minor.

Citizen Zimin gave an apartment in the suburbs to his adult son, having bought an apartment in Moscow shortly before. Since the donated housing was bought before marriage, Zimin's wife could not prevent the donation. A donation agreement was drawn up, certified by a notary. Zimin had younger son, under the age of 16 - required permission from the guardianship and guardianship authority. Zimin was provided with information about the presence of a second apartment in which the child lives.

Registration of the transfer of ownership took place with the help of the MFC. Documents were submitted to the center, including a certificate of payment of the state duty, which amounted to two thousand rubles. Documents from the MFC were sent to the local branch of Rosreestr, from where, after 10 days, they sent a certificate of ownership in the name of the donee.

Conclusion

According to the donation agreement, one party transfers to the other the rights or things for free. Also, the donor has the right to release the donee from property obligations. The contract is concluded orally or in writing. When donating real estate, the conclusion of the contract is allowed only in writing.

An agreement concluded after March 1, 2013 is not subject to state registration. At the same time, it is necessary to register the transfer of ownership of the donated property. If the donor is married and the property is joint property of the spouses, the spouse must consent to the donation of the property. If the donation concerns the interests of minor children, permission from the guardianship and guardianship authority will be required.

The situation in which a person wants to donate real estate to one of his close people is quite common and not surprising. A deed of gift differs a lot from a will, since the property is given to one specific person, indicated on paper, and for nothing. Therefore, it is forbidden to indicate in the contract any provisions on the transfer to the donor in return for any amount of money or other material values, and also that the donee will receive an apartment only when the previous owner dies, or, for example, the donor offers a deal on the condition that that the gifted person will begin to care for him. These are unacceptable options and such an agreement will not be considered a donation, but qualified as a sham transaction, impossible. With the proper execution of the transaction, none of the close relatives will have claims to the living space.

The contract is possible with having two sides: the one who voluntarily and gratuitously gives and the one who accepts the gift. Predominantly, gift agreements are drawn up by parents for one of the children in order to ensure loved one housing. It is the parents (guardians) of young children who will act in their interests when making a transaction. The donee has the right, until the time the property is transferred to him, to refuse it, in this case, the contract is considered invalid.

Each party is interested in the proper execution of the contract, it is obvious that violations of the rules can lead to undesirable results, most often to litigation between close relatives. So, in order for the transaction to be executed correctly, it is necessary to follow all the standard rules of law to the smallest detail, therefore, in order to avoid excesses, use the services of a notary, at least public, at least private.

A deed of gift, unlike a sale, is not disputed, except in cases specified by law, for example, forgery of documents. Or in tragic situations: the recipient of the property committed a crime against the family of the donor or deliberately killed him, then the heirs have the right to legally request the annulment of the contract. It is also desirable that the apartment at the time of registration be free from the rights and claims of other heirs. We will analyze the procedure for issuing a donation step by step.

We collect documents

It is allowed to issue a standard contract form in person, but practice shows that it is better to go to an experienced notary. It will not only help you draw up the document correctly, but also edit it, if the case is special, in order to avoid possible troubles. In addition, the notary has a copy of the contract.

According to the legislation of the Russian Federation, incapacitated people, as well as persons under the age of majority, cannot act as donors. Civil servants, as well as medical workers, cannot receive real estate as a gift. educational institutions and social sphere.

A donation for real estate is registered in the state service. registration.

The package of documents should look like this:

a receipt for the payment of the state duty (it can be produced here, at the cash desk of the service);
deed of gift in 2 copies (original) and 1 copy (copy);
original passports;
a document confirming the donor's ownership of this very property;
extract from all tenants registered in the apartment;
written consent of the spouse of the donor, certified by a notary, or a death certificate if the spouse has died;
an extract from the registration certificate, it can be obtained at the BTI, with an inventory assessment of the apartment;
the consent of the guardianship department, when a child who has not reached the age of majority lives in the apartment, which is donated.

This is a standard package of documents, but some territorial offices of Rosregistration have the right to request additional documents. When everything is ready, the registrar will draw up an application, and the participants in the transaction need to, after carefully reading it, put their signatures under it.

The transaction processing process provides for the payment of tax, but, in accordance with the Family Code, it is not charged from the next of kin, for this you need to submit the correct documents from tax office. However, if the parties are distant relatives or unrelated people, then the tax will be 13%.

Completion of registration and issuance of a certificate of residence

When the deed of deed is signed, your notary keeps all the documents, except for the passports, and sets the time and date when the new certificate will be ready.

At the specified time, the new owner is awarded apartment ownership certificate and previously submitted package of documents. The donor, the gifted person, is given copies of the contract, after presenting passports and a receipt issued earlier by a notary.

The process of processing the transaction is completed when the gifted person has received an agreement valid from the date indicated in the document - it is called real. However, it is possible that the contract comes into force after some time - consensual agreement.

Features of the donation

Having entered into the rights, the owner of the apartment disposes of it at his own discretion: he has the right to rent, sell, evict the living or settle new tenants. The donation agreement is not rewritten. Therefore, if you, as a donor, continue to have a desire to live in the donated apartment, do not forget to indicate such a condition.
It is impossible to take away an apartment received as a gift for debts.
Everyone who received a property as a gift must submit the required papers to the tax office by April 30th.
After the start of the contract, the new owner already has the right to go for a subsidy.
An apartment given as a gift should not be divided in the event of a divorce.

The donation transaction is the most important, albeit a simple procedure. It is very beneficial for close family members, as it allows you to legitimize the right of ownership and avoid all kinds of claims and quarrels from other relatives.

A well-written donation agreement is the main stage in the transfer of property free of charge. The fate of the parties to the transaction and the object that is transferred depends on the correctness of the preparation of the document. Further, in detail, step by step, we will consider how to issue a deed of gift for an apartment.

Features of drawing up a donation agreement

The Civil Code of the Russian Federation stipulates the rules of donation, regardless of the subject of the gift. By adhering to the basic rules, you can issue a donation for an apartment with maximum accuracy, which will help to avoid the possibility of challenging in the future. The donation agreement must include:

Gift item. The transaction will be invalidated if the subject of the donation is not specified or described incorrectly. Therefore, it is necessary to describe the apartment, which is transferred free of charge, as accurately as possible.
Forbidden to indicate transmission Money or the provision of services (actions) in exchange for an act of donation.
If the person making the donation is elderly or sick, you should take a certificate from the neuropsychiatric dispensary on legal capacity and attach it to the package of documents. This will allow avoiding legal proceedings to invalidate the transaction in the future.
The deed of gift is drawn up in writing, but it is not necessary to notarize it. If the parties insist on certification, the law does not prohibit doing so.
In the donation agreement, you can specify the condition for the donor to live in the donated apartment until the moment of death.

These rules must be followed. Otherwise, the deed of gift may be challenged in judicial order. The court has the right to declare the document invalid in the event of disputes.

Drawing up a donation agreement

In order to accurately draw up and quickly issue a donation for an apartment to a relative, the parties must think through each step in advance. Initially, it is worth deciding where to issue a donation for an apartment. Will a notary take part in the drafting of the contract?

If the parties decide to act independently, they should do the following:

Study a sample donation agreement. Outline the provisions applicable to their particular case. Wherein new document must be checked for legal compliance.
Prepare a package of documents on the basis of which the contract is drawn up (certificates of ownership, passports of the parties).
In full accordance with the sample fill in the data about the donor and the donee, details of the apartment.
The parties sign a donation agreement. At this stage, the drafting of the document ends, but the parties must draw it up correctly.

Package of documents

The list of documents that are submitted in originals and copies for registration of a deed of gift:

Passports of the donor and the donee.
Gift agreement - one copy for each representative + one copy will remain with the registrar.
A document evidencing ownership of the apartment (contract of sale, certificate of ownership, rental agreement, certificate of inheritance, extract from the USRR, etc.).
If the property was acquired during marriage, the written consent of the second spouse to the deed of donation is required. The document is notarized.
Document on persons registered in the apartment (extract from the house book) original and copy.
If one or both parties are represented by proxies, powers of attorney are submitted - the original and a notarized copy.
Permission from guardianship authorities. Such a document is required if the donor has decided to donate the apartment to a child or an incompetent person under guardianship.

The Registration Chamber or a notary can expand the package of documents on an individual basis.

Step-by-step instructions for registration of property rights to an apartment

The parties must:

Contact the registration authority that registers property rights (Registration Chamber or MFC).
Apply ( type specimen provided locally).
Submit a package of documents with the application.
From the employee who accepts documents, get a receipt on the acceptance of your package of documents for consideration, and also find out the date of application for the finished document.
At the specified time, come for a ready-made certificate of ownership and documents that were submitted for registration.
Pay tax. This clause applies only to those donee who were not close relatives of the donor.

If the deed of gift is drawn up through a notary, the procedure for the parties is completely different. After all, the lion's share of the work instead of the participants in the transaction will be performed by a lawyer.

To draw up a donation for an apartment at a notary, the parties must take the following steps:

Contact a notary public to draw up a deed of gift.
Provide documents, including passports of the parties and evidence of property rights.
Pay the necessary fees, notary services.
Sign the donation and wait for the notary to issue a certificate of ownership in the name of the new owner. This is done by the notary.
Get a contract and a ready certificate from a notary.
After all, the gifted person must pay tax if he does not belong to close relatives.

How much does it cost to make a donation for an apartment

The price of the issue very often worries the participants in the transaction much more than other points. The cost of the procedure when drawing up a donation agreement depends on the following:

Self-preparation of the contract or recourse to the services of a notary.
Expert assessment of the donated apartment.
Relationship between donor and recipient.

When concluding a transaction without the participation of a notary, the costs will include:

The state fee for registration is 2 thousand rubles.
Tax from the gifted person, if he is not a close relative - 13% of peer review the cost of the apartment.

In this case, if the parties turned to a notary for certification, the costs will be replenished:

Payment for notary services.
State duty for notarization.

The amount of notary services depends on the tariffs of a particular specialist, and the amount of the state fee is approved by law in a document on notarial activities.

The state fee for certification for the next of kin of the donor is calculated as follows:

With a cost of housing up to 10 million rubles - 3,000 rubles + 0.2% of the amount of the expert assessment of the apartment.
If the price of the apartment is more than 10 million - 23,000 rubles + 0.1% of the amount of the expert assessment.

If the recipient is not related to close relatives, the registration fee will be:

With the cost of an apartment up to 1 million rubles - 3,000 rubles + 0.4% of the amount of an expert assessment of housing.
From 1 to 10 million - 7,000 rubles + 0.2% of the size of the expert assessment.
Over 10 million rubles - 25,000 + 0.1% of the cost of an expert assessment, but not more than 500,000 rubles.

Calculations show that the exact amount of the fee can be known only if all the parameters of the apartment are known. The parties can independently calculate the size for each specific case using the formulas given.

A donation for an apartment is one of the most popular ways to transfer property between relatives. If we talk about the complexity and duration of the execution of a donation agreement, then it practically does not differ from the usual sale and purchase. However, there is one fundamental difference- a deed of gift is issued free of charge and a person does not receive any benefit for it. To do this, you need to draw up an agreement according to which the donor transfers ownership of his property to the donee. In this case, the donee does not have any obligations, unless the conditions were prescribed additionally. Today we will talk about how to properly issue a deed of gift.

In order to write a donation agreement, you must follow all the rules. It is also necessary to clearly understand the main advantages of this method of transferring ownership. Why should you use it if we are talking about relatives? Or is it best for strangers as well?

The main advantage of the donation agreement is that a person can receive an apartment without any obligations. In some situations, the deed of gift states that the donee will be able to dispose of the property only after the death of the donor. Payment for real estate - maintenance and assistance to the donor. If nothing is written in the deed of gift, then no additional conditions for apartments no.

Another advantage is the possibility of free disposal of real estate after the transfer of ownership. As soon as the fact of the transfer is registered, the person will be able to rent, sell or inherit the received apartment.

The only negative is that the written donation agreement can be challenged. Of course, this is not easy to do and you need to have evidence of a violation of the law to cancel the donation, but it is possible to protest it. To prevent this from happening, you must follow all the rules that are provided for registration of a donation for real estate. The help of a notary public will also help to avoid mistakes, who will not only prepare everything Required documents, but will also check all participants before the start of the transaction. Also, in the event of a trial, he will be able to witness that the donor acted with an understanding of the consequences and on his own behalf.

Registration procedure

First of all, we note that the deed of gift is drawn up exclusively in writing. If a notary is involved in the compilation, then this is an additional advantage. The fact is that in case of loss of the contract, a copy can always be obtained from a notary who keeps all the papers.

The procedure for donating real estate suggests that the contract itself does not provide the donee with the right to dispose of real estate. In order to become a full owner, you must contact the registration authority at the location of the property and register the ownership of the transferred apartment, room or house.

Registration of a deed of gift requires the preparation of certain documents. The standard list consists of the following papers:

a declaration by the donor that he is transferring his property to another person;
application of the donee with a request to register property not received by us;
an extract from the housing office, which includes information about all persons registered in the apartment;
documents confirming the right of the donor to dispose of his property and give it to relatives or third parties;
identity cards of all participants in the transaction (passports);
cadastral plan, which can be obtained from the Bureau of Technical Inventory;
receipt for payment of state duty.

As a rule, this list of documents is quite enough for registration of property rights in 2019. In some situations, other papers may be required at the request of the registration authorities.

There are also a few additional nuances that you need to consider when designing. The procedure for donating an apartment can be carried out with the participation of minors or incapacitated persons. In such a case, the consent of the guardians or representatives in writing will be required.

A third party can draw up documents for a deed of gift: a friend, a realtor, etc. In order to give them such rights, it is necessary to issue a power of attorney with a notary. It happens that the donor has only part of the premises and wants to transfer his share. According to the legislation of the Russian Federation, this requires the consent of all other property owners.

How many copies do you need to fill out? Each participant in the transaction will receive their original. In addition, one more contract will need to be left at the registration authority.

The cost of registration and the possibility of canceling the contract

The procedure for issuing a donation provides for gratuitousness. This means that the donee does not have to pay directly for the apartment received. If the fact of the transfer of funds for real estate is proved, then the donation agreement can be canceled through the court.

The main costs associated with obtaining a gift apartment are taxes. However, there are certain features here:

if the property is transferred within the same family (from father to son, etc.), then you do not need to pay property tax;
if the donor transfers ownership of the apartment to a close relative (grandparents, grandchildren, brothers, etc.);
if the donor transfers his property to a distant relative, then the tax will be 13%;
if the donor transfers the apartment to a third party, then a tax of 13% will have to be paid.

Note that a donation for real estate is beneficial in the first two cases, since it will be possible to get housing almost free of charge. The only expenses are related to paperwork and payment of the state fee. In other cases, it is more profitable to draw up a contract for the sale of real estate.

What other costs might arise? If a notary is involved in the execution of documents, then you will have to pay for his services. As a rule, the cost depends on the price of the property itself. The notary takes a small percentage for the registration of the deed of gift.