The conclusion of transactions is a process that requires compliance with a huge number of rules and legislation. Each legally significant transaction has its own characteristics. Quite often in Russia there are gift agreements. The characteristics of such papers will interest us further. What is a gift? Why is it needed? How is it compiled? And what do you need to remember about this documentation? You will be able to learn about all this below. With proper preparation in the operation, there should not be any real difficulties.
Description
The characteristics of the gift contract are easy to understand. Even a schoolboy will figure it out.
Gift certificate - a document certifying the transfer of rights to a property. The paper is drawn up and signed during the life of the donor. A gift agreement is a form of civil contract.
A distinctive feature of the studied paper is that the operation is carried out free of charge. That is, the gift does not provide any material compensation in return. This is a brief description of the gift contract.
Parties to the procedure
Several parties are involved in the transaction being studied. Who exactly? Consider a few definitions that come in handy later.
The parties to the gift contract are:
- Donor. This is one who voluntarily deprives himself of the subject of gift. We can say the former owner of the property.
- The donee / recipient. The person or organization to whom the item is transferred by agreement at no cost. So called the new owner of the property.
There is no one else in the deal. The maximum is an authorized person in the form of a notary or lawyer. Thanks to them, the procedure is carried out legally.
What can be transmitted
The characteristics of the gift contract must necessarily disclose the concept of gift. What can be transferred from owner to owner in this way?
At the moment, objects under a gift agreement may be:
- things;
- securities;
- cash;
- exemption from property obligations;
- property rights;
- real estate (and its shares).
Authorship and objects withdrawn from circulation cannot serve as objects transferred under a donation agreement. Such requirements are valid in Russia today.
Document varieties
The legal characteristics of a gift contract have many nuances. What else needs to be remembered about the studied paper?
For example, that gift agreements are different. Namely:
What does each type of paper mean? We will talk about this later. In fact, everything is simpler than it seems.
Consensual paper type
The notion and characterization of a consensual-type donation contract is baffled by some. The thing is that not everyone understands what is at stake.
A consensual gift agreement is an agreement between the parties to a transaction regarding the transfer of rights to a property or thing in the future. We can say that the document is suspensive in nature.
In this case, the agreement is mandatory in writing. Otherwise, the contract will not have legal force. Similar requirements are spelled out in the current legislation of the Russian Federation.
Important: the consensual type of gift may include the fulfillment of certain conditions by one party to receive a gift. In real life, such transactions are not too common.
Real gift
The civil law characteristics of the gift contract are presented to our attention. What is a real type of gift?
This is usually a gift agreement that transfers property rights immediately after the transaction. That is, in real time, at the moment. This alignment is found in life most often.
Agreement forms
The legal characteristics of the gift agreement indicate that this type of agreement helps transfer rights to things and property free of charge during the life of the donor.
It is worth paying attention to the fact that the parties must conclude a transaction in writing. The text of the agreement is drawn up either on a computer or by hand. Then the agreement will be endowed with legal force.
Real giving can be done orally. But only under certain conditions. Namely:
- a gift at a cost does not exceed 5 minimum wages in the region;
- the subject of the agreement is not real estate.
In these situations, it is necessary to carry out state registration of the agreement. But we'll talk about this a little later.
Transaction Features
The legal characteristics of the gift agreement were presented to our attention. As we have already said, this type of transaction is in great demand. But why?
Here are the key points that both parties should pay attention to:
- An item or property transferred under a gift agreement is recognized as personal property.
- Gifts will not be shared upon divorce. The subject of the agreement is not acquired property.
- Taxation upon receipt of property through donation is far from always the case. There are circumstances in which the donee may not pay tax on the receipt of material goods / income.
- Usually a gift involves the transfer of things and property to another person during the life of the donor.
- You can enter into relevant transactions at any time. How to do this, we will consider later.
- It is allowed to alienate shares in real estate in any size for gift.
Perhaps this is all. Now it’s clear why the gift is so attractive. But this paper has its drawbacks.
The possibility of cancellation
The thing is that it can be declared invalid or canceled. The process of revocation of the gift is through the court.
As practice shows, a plaintiff will have to have good reason for declaring a gift invalid. Here are some scenarios:
- The donor after the disposal of the property suffered severe material losses and his gift became vital.
- The donee has committed a crime against the donor or his loved ones.
- The gift decision was made under pressure or blackmail.
- At the time of the transaction, the old owner of the property was in an inadequate condition.
- The agreement is concluded in violation of applicable laws.
These are the most common layouts. With them, the donor or his representative can go to court to cancel the transaction. True, they do not always satisfy the corresponding requirement.
About taxation
We have studied the characteristics of a deed of gift. As was emphasized earlier, under certain circumstances the donee is exempted from taxation. Although initially it takes place.
In the general case, upon receipt of a gift under an agreement (apartment or other real estate), a citizen will have to pay 13% of the cadastral value of the property.
You can be exempted from taxation if:
- The transaction is between close relatives (spouses, parents, children).
- The gift is expressed in cash or property not related to shares, shares, real estate, vehicles or shares.
This is an exhaustive list of situations in which taxation will be absent. Otherwise, the donor must pay 13% of the tax for the receipt of material goods.
What does the agreement include?
A few words about what items should be in each gift. Everyone can make this paper. It is better to involve a lawyer or a notary public. So it turns out to comply with all legislative standards.
In the general characteristics of the gift agreement, it can be emphasized that the corresponding agreement contains:
- donor's personal data;
- information about the recipient of material goods;
- degree of kinship (if any);
- detailed description of the gift;
- features of the transaction;
- responsibility of the parties;
- real estate address (if you give an apartment or other object of the appropriate type).
In addition, the agreement will have to indicate the date of entry into force of the agreement, and then put their signatures.
How to conclude an agreement
We have already familiarized ourselves with the civil law characteristics of the gift contract. How to conclude this deal? For example, if necessary, its state registration?
In this case, you will have to contact one of the following bodies:
Citizens will need:
- Collect documents for donation. Typically, these are passports of the parties, title papers on property, extracts of the USRN, certificates of family composition, extracts from the house book.
- Make a deed of gift.
- Come to the registration authority and sign the agreement. The donee additionally writes consent to accept the gift.
- Register ownership in Rosreestr.
Nothing more is needed. In order to secure the transaction, it is recommended:
- Attach to the certificate of donor health status.
- Draw up an agreement in the presence of witnesses or a notary public.
- Write a document by hand. By handwriting, you can determine whether a person really made a deal at his own request.
In fact, everything is simpler than it seems. And the legal characterization of a deed of gift in real life is clear even to a student.
Important: property rights to real estate can be issued on the website "State Services".