How to correctly draw up a deed of gift for a share in an apartment, donation of a share in an apartment: procedure, state duty, documents

Deed of gift is a common name for a gift agreement. From a legal point of view, this is an example of a unilateral contract. But the term “unilateral” does not mean at all that this agreement has only one party - there are always at least two parties to the agreement who sign it. In this case, this means that one party to the contract has only rights, while the other has only obligations.

What will you learn

What we usually call a share is a share in the ownership of an apartment. A share in the right is not part of an apartment, not a separate room or two. A share in the right means that you own the entire apartment, but only within the size of the share.

In practice, this is not very convenient, especially if the owners are strangers to each other. Therefore, such share owners often agree on who will live in which room and which part of the apartment will use. In particularly difficult cases, co-owners can allocate their share in kind - divide the apartment through the court.

The share must be allocated and registered, that is, registered in the unified state real estate register - EGRN. For example, one of the spouses decided to donate his share in the right to an apartment.

If the shares were not allocated before, the division will exist only in words.

You can give an apartment or a share in the right to it to almost anyone: a stranger or a family member. But there are still some restrictions. They apply to any expensive gifts, and not just shares in the right to an apartment.

Judging by the nature of the bans, it is clear that they all relate to the fight against corruption.

Consent will only be required from the spouse if the share appeared during marriage and did not come to you as an inheritance or as a gift.

The procedure for giving does not depend on who exactly you decide to give a gift to - the rules are the same for giving to a relative and for giving to a stranger. This will only affect the taxes that the new owner will have to pay. I’ll tell you about this separately.

We analyze complex situations with the purchase and sale of housing, talk about the laws that affect property owners

What documents will be needed? Before you sign the gift agreement, it is worth collecting the same package of documents that you usually receive before selling an apartment:

1. Foundation documents are documents on the basis of which the owner received his share. This could be an inheritance certificate, a sales contract or another document. The documents must be registered in the “Base Documents” column, which is found both in the certificates of state registration of ownership rights and in the extract from the Unified State Register of Real Estate.
2. Extract from the Unified State Register of Real Estate.
3. Extracts from financial and personal accounts and house books.
4. Technical documents for the apartment: technical passport or explication and floor plan.
5. Passports of the parties to the agreement: the donor and the donee.
6. Documents confirming the relationship of the parties to the agreement - this is important if you are giving a share to a close relative.
7. Child's birth certificate, marriage certificate, notarized consent of the donor's spouse - when required.
8. Powers of attorney for representatives of the parties - if the agreement is signed by representatives.

If you are registering through a notary, he may ask for additional documents. For example, a certificate from a psychoneurological clinic to check the legal capacity of the parties. This is especially true in a situation where an elderly person gives a share.

In this case, the basis document, for example, is a purchase and sale agreement

If the contract is not required to be certified, you can draw it up yourself, find a template on the Internet, or order it from lawyers. We have already written about how to draw up a gift deed yourself.

Make sure that the contract contains:

1. Information about the apartment: address, cadastral number and its total area.
2. Information about the share in the property right: its size and on the basis of what it belongs to you (purchase and sale agreement, certificate of inheritance, deed of gift or other document).
3. Exact details of each party to the contract.

Drawing up an agreement with a lawyer will cost from 2 to 10 thousand rubles, depending on the complexity of the agreement and the speed of its preparation. If you make an agreement through a notary, he will charge you for services of a technical and legal nature - in each region and notary chamber these amounts are different.

For example, the Moscow Notary Chamber has set a maximum payment amount for 2023: gift agreements that are mandatory for certification will cost no more than 6 thousand rubles, and optional ones will cost no more than 8 thousand rubles.

If you submit documents yourself to the MFC, registration will take 9 working days.

Registration cost. For registration you will only need to pay a state fee - no more than 2000 rubles.

When a notary is not needed when registering a donation of a share. A notary is not needed in two cases:

1. If owners alienate all shares in one transaction, this change was introduced on July 31, 2023; previously, such agreements had to be certified by a notary.
2. If the sole owner of the apartment decides to donate a share: at this moment he does not yet have co-owners, therefore notarization of the agreement is not necessary. This position has long been supported by Rosreestr, which registers rights to common property.

In all other situations, the contract will have to be certified. Although this has its advantages: the notary can offer a verified form of the agreement and will send documents for registration free of charge. Previously, these services were paid, but from February 1, 2023, notaries were prohibited from taking money for services for sending documents to Rosreestr.

If the contract does not need to be certified, but you really want to, it can be done. It will cost a little less - for contracts that are not required for certification, a different tariff is set.

For example, if a father gives his son a ⅓ share in the right to an apartment with a cadastral value of 6 million rubles, he will have to pay 10 thousand rubles:

6,000,000 R × 0.5% × ⅓ = 10,000 R

If you decide to certify the contract at your own request, the tariff will depend on the amount of the transaction and the degree of relationship. The cadastral value of the share is again taken as the transaction amount.

Rules for registering a deed of gift for a share in an apartment

You can donate not only an entire apartment, but also a share in it. This is possible if the donor himself only has a share. Also, the donor can act as the owner of the entire apartment, and donate only part of it. In any case, a property donation agreement must be drawn up.

How to draw up a deed of gift for a share in an apartment?

A deed of gift for a share in an apartment can be drawn up, filled out and signed by the parties independently. It would be a good idea to consult with a lawyer to eliminate errors in drafting.

Notarization of such an agreement is not required. This can happen if the parties consider it necessary to involve a notary in the matter, as a guarantor of the legality of the transaction. This will help avoid many grounds for dispute, but will significantly increase the cost of registration.

So, the donation of a certain share of the apartment is carried out in several stages.

Drawing up the text of the agreement

When you decide to go through this stage yourself, you should include in the text of the document:

• complete information about the person who is donating the share (full name, residential address, passport details);
• similar information about the donee (full name, residential address, passport details);
• all important characteristics of the share and the apartment itself in which it is located (address, floor, square footage, number of rooms, size of the share, etc.);
• any conditions of the parties that do not contradict the law;
• signatures of the parties.

After the drawn up agreement is signed by the parties, it is necessary to register the right as a guarantee of receiving a share in the property.

Registration of rights

Registration can be carried out at any registration authority at the location of the apartment in which the share is allocated and donated.

You must show up for registration with the following documents:

• application requesting registration;
• receipt of payment of state duty, the amount of which is 2000 rubles;
• the agreement for the donation of a share in the apartment, already signed by the parties to the transaction, is presented in 3 copies. This is necessary so that each of the participants in the transaction receives their own copy and one remains with the registration authority;
• passports of the donation parties;
• written and notarized consent to the donation of one of the spouses, if the property being donated was acquired with joint family funds.

The list of papers may be changed or supplemented at the request of the registration authority, but not significantly.

• The standard waiting period for registration results is 10 days.
• The registration procedure from the moment of application to the end looks like this:

1. Submitting an application and package of documents for registration.
2. Receiving a receipt for acceptance of papers from an employee of the registration authority.
3. Waiting for registration completion time.
4. Receive the completed certificate at the appointed time.

During the registration process, you will have to pay a state fee, since registration will not be carried out without submitting a receipt.

If the donor and recipient of the apartment share as a gift are not close relatives, you will have to pay tax on gift income.

Sample deed of gift for a share in an apartment

To avoid many difficulties when drawing up a contract yourself, it is better to study in advance a sample deed of gift for a share in an apartment:

Download “Sample deed of gift for a share in an apartment”

This sample can be taken as the basis of the contract and remain without significant changes. The parties have the right to change it without going beyond the requirements of the law.

Gift deed for a share of an apartment between close relatives

The peculiarities of drawing up a donation agreement for a share of an apartment between persons considered close relatives consist in the presence of a document confirming this. In addition, such persons, as participants in the gift transaction, are entitled to receive some financial advantage in the registration process:

• exemption from payment of 13% income tax;
• reduction of the state duty rate for notarization of a document, if necessary.

Documents for a deed of gift for a share in an apartment

To draw up an agreement, you will have to take care in advance of the availability and compliance of all documents with forms. They must include:

• passport of the donor and the person accepting the gift;
• a document confirming the donor’s right to the apartment in which the share or the transferred share is located (certificate of registration of the right);
• paper defining the method for the donor to receive a share in the property (court decision, agreement);
• a power of attorney for a representative to carry out a certain set of actions for one of the parties to the transaction;
• a certificate of the presence and composition of all registered persons in the apartment, the share of which is being donated;
• if the apartment is in joint shared ownership, then the consent of the remaining owners is required;
• if the donation is made in favor of a person who is not an adult, and his representative is present in the case, relevant documents are required.

The list of documents is basic, but some may be requested additionally if required.

Deed of gift for a share in an apartment: sample in favor of a minor

A deed of gift for a share in an apartment can be concluded in favor of a minor citizen. In this case, there are few specific features of drawing up the contract itself. The recipient does not have the right to independently sign a gift agreement.

That is why in the text of the contract he, as a participant in the transaction, is designated “the donee in the person of a representative.” The signatures are placed by the representative (parent, guardian, guardian) of the recipient of the gift.

The sample agreement for donating a share of an apartment in favor of a minor otherwise corresponds to the standard one.

Donating a share of an apartment to a close relative

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Every person has the right to dispose of the property that belongs to him at his own discretion. The law allows the conclusion of various contracts (purchase and sale, barter, donation). The only condition is that such transactions are formalized in writing. Sometimes a notarized agreement is required. Transactions can be concluded both between relatives and with the participation of third parties.

Law

The procedure for drawing up donation agreements and subsequent re-registration of ownership rights is established by the following regulations:

1. Civil Code.
2. Fundamentals of legislation on notaries.
3. Federal Law “On State Registration of Rights...”.
4. Federal Law “On Cadastral Activities”.
5. Federal Law “On State Registration of Real Estate”.

The Notary Law applies to the notarization of contracts. However, the participation of a notary is not always required.

What is an apartment share

The owner of the premises may be one person or several. If there are several co-owners, each of them owns a certain part of the property (house, apartment). Moreover, property can be common or shared (Art.

244 Civil Code of the Russian Federation). Common property means property without determining the shares of participants. Their size depends on the number of co-owners.

For example, in a privatized apartment for three people, each family member owns 1/3 of the housing.

With shared ownership, each owner owns a specific portion of the property. Moreover, the shares may be different.

How to properly gift a share in an apartment to a close relative, mother, daughter, son

The basic requirement when concluding transactions is the full legal capacity of the parties to the agreement. That is, citizens must reach the age of majority. The interests of minors are represented by their parents.

The share donation agreement is drawn up in writing. The rule applies regardless of the degree of relationship between the parties to the transaction. Oral alienation of real estate is prohibited. The agreement gains force after its signing. Notarization of the agreement occurs by agreement of the parties.

An exception is the alienation of part of the premises or the participation of a minor child in the transaction. Such a gift agreement must be notarized. The right of ownership to the alienated object arises after entering information into the Unified State Register.

Example. The head of the family decided to sign over his apartment to his son and daughter from his first marriage. Each of them was entitled to ½ part of the housing. Both children have reached adulthood. Therefore, their mother's consent was not required.

The donor’s daughter immediately moved to live in the apartment.

Agreement conditions

The donation is free of charge. There should be no counter-conditions in the agreement. Otherwise it can be challenged. The contract must contain a clear description of the alienated property. The transfer of the share is carried out during the lifetime of the owner of the object.

Violation of any clause makes the gift agreement void.

Is the consent of the co-owners required for the alienation of part of the premises? Typically, consent is required in case of sale of property (Article 250 of the Civil Code of the Russian Federation). When concluding a gift agreement there are some nuances. If the property is jointly owned, then consent is required. If the apartment is in shared ownership, then the consent of the co-owners is not required.

Methods

The donation of part of the housing occurs by concluding an agreement. However, sometimes citizens have to go to court. The reason is the death of the donor. If the recipient did not have time to register ownership, then the property of the testator is included in the inheritance. The legal successors of the property are the family members of the deceased subject.

Example. The plaintiff went to court. He asked to recognize the deed of gift as concluded, and the certificate issued by the notary as invalid. The plaintiff also asked to cancel the certificate of ownership. Justification of the requirements - a gift agreement was drawn up between the plaintiff (son from his first marriage) and the late citizen K.

But the plaintiff did not have time to register ownership of the premises due to the death of the donor. The defendants were the heirs of the deceased subject. They knew about the conclusion of the gift agreement, however, they turned to a notary to register the inheritance. As a result, the plaintiff lost the property donated to him. The legal successors registered the ownership rights with the Federal Registration Service of the Omsk Region.

Two defendants admitted the claims. Another claimed that he knew nothing about the existence of a gift agreement. Moreover, the agreement was not certified by a notary. Therefore, he asked to dismiss the claim. However, the court did not agree with the defendant's opinion. The deal was concluded before amendments were made to Federal Law No. 172-FZ. Therefore, notarization of the agreement was not required.

The claims were satisfied.

Procedure

Transaction participants must perform the following actions:

1. Collect the necessary documents.
2. Prepare a draft agreement.
3. Contact a notary.
4. Prepare a deed of gift.
5. Register ownership.

Procedure

Initially, the parties to the transaction need to contact a notary office. You can develop a draft agreement yourself or take it from a notary. To conclude an agreement, you will need the appropriate papers.

The notary establishes the identities of the participants and verifies their legal capacity. At the same time, the parties to the agreement are explained their rights/responsibilities. The deed of gift is considered executed from the moment it is signed by the parties. Data on the conclusion of the contract are entered into the state register.

To avoid mistakes, you need to carefully check the text of the agreement.

Documentation

To prepare a deed of gift you will need:

1. Passport (donor, recipient).
2. Documents for property (extract from the Unified State Register, cadastral passport).
3. Extract from the house register.
4. Consent of the spouse to the alienation of a share of the premises (if necessary).
5. Confirmation of relationship.

If the latter document is available, the parties to the agreement are exempt from paying personal income tax (Article 217 of the Tax Code of the Russian Federation). The rule applies only to close relatives.

Expenses

At the conclusion of the deed, the parties to the deed incur certain costs. How much it costs to register a donation depends on the market price of the object. For notarization of the transaction you will have to pay 0.5% of the value of the gift. The minimum collection amount is 300 rubles. The maximum rate is 20 thousand rubles. The state duty is usually paid by the recipient.

Notary services are paid in addition to the basic tax. On average they amount to 5 thousand rubles. Details need to be clarified at the notary office.

Registration of rights is a separate cost item. When re-registering premises in an apartment building, the tax amount is 200 rubles. When registering an entire apartment, the copyright holder pays 2 thousand rubles.

Taxes

The only tax when concluding a deed of gift is personal income tax. Its size for residents of the Russian Federation is 13%. Non-residents pay 30%.

Who is exempt from paying income tax? Citizens who are close relatives do not pay personal income tax. This includes parents, children, spouses, brothers/sisters. The benefit also applies to grandparents.

Deadlines

You can conclude a deed of gift at any time. The parties to the contract determine the time to contact the notary independently.

How long does it take to register ownership? The beneficiary can submit papers at any time.

However, delaying the procedure is fraught with certain consequences. In the event of the death of the donor, the beneficiary will have to prove his rights to the property in court. Otherwise it will become part of the inheritance.

Registration of deed of gift

The procedure for drawing up an agreement is regulated by law. Initially, the parties need to agree on the key points of the agreement. One of them is the right to refuse the transfer of a gift. The reason may be the deterioration of the property status of the donor.

Next, the parties to the transaction should visit a notary. The link goes to the location of the apartment. You need to have documents with you. The notary will calculate the amount of the fee and provide details for payment. You can make a payment at any bank in the country. Notarization of the transaction occurs after payment of the fee.

The deed of gift is drawn up in triplicate. One is given to the donor, the second to the beneficiary, and the third remains with the notary.

Sample deed of gift for a share in an apartment between relatives 2023

Below is a sample agreement

Download the agreement for donating a share of the apartment

How to donate a share in an apartment to a close relative without a notary in 2023

Until 2017, it was possible to issue a deed of gift for part of an apartment without subsequent notarization. Later changes were made to the law. Today, gift agreements are subject to mandatory registration with a notary (Article 42 of Federal Law No. 218-FZ). The absence of an identification mark will result in refusal to register property rights.

You can only issue a deed of gift without the participation of a notary for an entire apartment.

How to transfer a share to a relative

There are several ways of alienation - sale, barter, donation. Each of them has strengths and weaknesses. When concluding a purchase and sale agreement, the priority right of redemption belongs to the co-owners. Alienation of property to third parties is permitted only upon refusal of the main applicants. When concluding a deed of gift, such restrictions may not exist.

For free

The best option for the alienation of property is a gift agreement. Relatives do not pay income tax. However, such transactions are not completely free. A state fee is charged for notarization of the deed of gift. Participants in the transaction are paid separately for notary services.

Without deed of gift

Is it possible to give away a share without registering a deed of gift? You can transfer part of the apartment to a relative by concluding a purchase and sale agreement or exchange. Both options are appropriate within the framework of inheritance law.

For example, if several people inherited shares in different property. Co-owners can agree among themselves to buy out or exchange the missing part.

The ultimate goal of such transactions is to obtain ownership of the entire object.

Citizens can also draw up an agreement on the division of inheritance. However, they must first obtain a certificate from a notary (Article 1165 of the Civil Code of the Russian Federation). The choice of method for transferring part of the property depends on the circumstances of the case.

Registration of ownership

Real estate transactions are subject to state registration. The recipient of the gift can contact one of the branches of Rosreestr. You can also submit papers through the MFC. Registration of property rights occurs at the request of the copyright holder. You need to attach to it:

1. Donation agreement.
2. Property documents.
3. Identification.
4. Excerpt from the house book.
5. Written consent of the co-owners (not always).
6. Confirmation of payment of the duty.

Note. The consent of the co-owners is required when alienating part of an apartment that is jointly owned by citizens. If the property is in shared ownership, then the consent of the co-owners is not required.

Their legal representatives act on behalf of children. If the copyright holder is under 14 years of age, a birth certificate will be additionally required. Children aged 14 years apply independently. The only condition is the written consent of the parents.

The registration procedure takes from 5 to 12 days. The exact deadline depends on two factors - the method of submitting documents and the type of action being registered.

The transaction is considered completed after the issuance of an extract from the Unified State Register to the beneficiary.

Is it possible to terminate a gift agreement?

The law provides for the possibility of terminating the contract. Main reasons:

1. The recipient has committed a crime against the donor. For example, inflicted severe bodily harm and killed him.
2. The donor's property status deteriorated significantly after the conclusion of the transaction.
3. The recipient is extremely careless about the property donated to him.

Also, the deed of gift may be declared invalid in court. For example, if, when signing the agreement, the donor did not realize the consequences of his actions. The consequence in both cases is the return of the property to the donor.

The donation of part of the apartment occurs by concluding an agreement. Such transactions are subject to notarization. The rule applies regardless of the degree of relationship between the recipient and the donor.

The absence of a notary inscription on the gift agreement will lead to refusal of subsequent registration of property rights. To avoid mistakes, it is advisable to consult a lawyer. This opportunity is presented on our website.

Just fill out the feedback form and send your request.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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How to donate a share in an apartment to a close relative in 2023: procedure

A share in an apartment is one of the most common options for owning real estate in Russia. Sometimes such a part needs to be transferred to a loved one. For family relationships, a deed of gift is best suited, since it does not require payment of personal income tax and is issued quickly enough. Below are the specifics and how to donate a share in an apartment to a close relative.

Main stages of the transaction

The procedure for donating a share of an apartment to a close relative is as follows:

1. Collect documents for the apartment.
2. Contact a notary for preliminary consultation on the transaction. Give him the documents and set a date for certification of the contract.
3. Make an appointment in advance at the MFC to submit documents for state registration.
4. At the appointed time, go to the notary's office for an appointment. To sign documents.
5. Submit the deed of gift with other documents for registration through the MFC.
6. Wait until registration is completed and then pick up the completed papers.

By virtue of Art. 42 of the Law on State Registration of Real Estate, transactions for the alienation of shares must be certified by a notary. This applies not only to the gift of a share of an apartment between close relatives, but also to the transfer of an apartment to a non-relative, as well as the DCT.

IMPORTANT ! It is not necessary to obtain the consent of the co-owners to donate a share to a close relative.

The rules below are also suitable for readers who are interested in how to gift a share in a house to a relative.

Preparation of documents

The procedure for donating a share of an apartment begins with collecting the papers necessary for registration. To organize a visit to a notary, the parties will need the following documents:

1. Passports of the parties. They must be valid and not contain any extraneous marks.
2. If the donor is married, you will need your spouse's passport and marriage certificate. Necessary for drawing up a notarial consent.
3. Document for share. This could be an extract from the Unified State Register of Real Estate or a Certificate of Ownership.
4. Certificate of persons registered in the apartment. Necessary for legal analysis of the transaction by a notary.
5. In some cases (for example, if there is no information about the share in the Register or if there has been redevelopment), a technical passport of the housing is required.
6. Receipt of payment of the state fee for registration of the gift. Required when submitting documents to the MFC.

Confirmation of relationship between close relatives is not required at this stage. This may be needed in the future if the tax office assesses additional personal income tax.

There is no need to draw up and sign a deed of gift of a share in an apartment in advance - the notary will independently prepare a legally competent text of the deed of gift. Texts written by the parties to the transaction are, as a rule, not accepted for certification.

During the transaction itself the following will be prepared:

1. Deed of gift. Drawed up and certified by a notary. The parties sign it during the acceptance process.
2. Notarized consent of the donor's spouse to alienate the share.
3. Application for state registration. Filled out by an MFC employee (no need to download in advance).

IMPORTANT ! Before donating your share in the apartment, it is better to order a fresh extract from the Unified State Register of Real Estate, which will show the presence or absence of housing encumbrances and arrests.

Drawing up a gift agreement for a close relative: sample

The final text of the deed of gift for a share in the apartment is drawn up by a notary. At the same time, the parties to the transaction also need to know what mandatory information the agreement must contain in order to obtain legal force:

1. Full name of the parties to the transaction.
2. The essence of the agreement, which is expressed in the fact that the donor donates a share in the apartment free of charge, and the donee accepts it.
3. Description of the donated share (indicate its size) and apartment (address, area, cadastral number, floor, other characteristics).
4. Signatures of the parties.

Usually, the contract specifies additional conditions in the form of the possibility to cancel the donation of a share of the apartment between close relatives. When registering them, indicate a link to Art. 578 Civil Code of the Russian Federation.

At the same time, the deed of gift should not contain conditions on the provision of any compensation (money, goods or services) for the apartment, since it is always transferred free of charge. It is also illegal to make the entry into force of a donation of part of a home dependent on the death of the donor.

An example of a contract for donating a share of an apartment to a relative (sample) can be viewed here.

Registration

For citizens who draw up a donation agreement for a share of an apartment, there are two options:

Way	Advantages	Flaws
Through MFC	The method is implemented in almost all localities. Pay only 2,000 for the state fee.	Longer than through a notary (transfer time is added).
Through a notary who certified the transaction	Fast – up to three working days.	Not available from all notaries. The state fee (2,000 rubles) and the registration service (from 1,000 rubles) are paid.

Registration through MFC

State registration of documents for donating a share of an apartment requires:

1. Passports of the parties.
2. Document for the share (extract from the Unified State Register, certificate).
3. Notarized deed of gift for a relative.
4. Notarized consent of the spouse, if the donor is married.
5. Certificate of registration in the apartment.
6. Receipt for payment of state duty of 2,000 rubles.

Registration of a donation agreement for a share of an apartment between relatives through this department is carried out only in paper form. An MFC employee accepts documents from the parties, fills out an application and forwards the case to the registration department of Rosreestr. The registrar makes an entry in the Unified State Register, after which the finished result is sent back to the MFC, where the parties can receive it.

Registration through a notary

This is a more convenient way than through the MFC, since it does not require visiting other offices except the notary office. There is no need to collect any additional documents. Immediately after certifying the donation agreement for a share in an apartment to a relative, the notary will draw up a registration application and send the entire package of documents in electronic form using his digital signature. The registration result can be collected from the same notary.

Deadlines

The entire procedure for registering ownership of a relative takes some time:

1. A fresh extract from the Unified State Register of Real Estate takes up to 10 working days to prepare before re-registration.
2. Certificate of registration in the apartment - up to 3 working days.
3. Notarized examination of documents and development of deed of gift – up to 7 working days.
4. The procedure for certifying the contract by a notary is on the day of reception.
5. Electronic registration through a notary – up to 3 working days.
6. Registration through the MFC – from 5 to 14 working days.

Usually, the registration of a deed of gift for a share proceeds without complications, but sometimes the registration process can drag on for several months if the property is encumbered with a lien or pledge.

Price

The final amount of the donation is determined by the set of services that the parties need. The most expensive part - notarization - is necessary for everyone. The price of this service varies depending on the price of the property and is at least 5,000 rubles, more often about 10,000 rubles .

In addition, for mandatory state registration of a gift, the state duty is 2,000 rubles .

Other services, the price of which adds up to how much the gift agreement costs:

• notarial consent of the spouse – from 1,000 rubles;
• electronic registration through a notary – from 1,000 rubles.

The services required for a gift share in an apartment between relatives are usually paid for by the recipient at his own expense. However, participants have the right to redistribute expenses at their own discretion.

Taxation

If a gift is made between relatives, it is not subject to personal income tax. This means that neither the former owner nor the new owner is required to file a year-end return or pay any tax in connection with the transaction.

IMPORTANT ! Close relatives include children, parents, grandchildren, grandparents, brothers and sisters. Other persons are not included in their number - therefore, the tax exemption for gifts does not apply to them.

From the moment of state registration of the donation of a share in an apartment to a close relative, the latter becomes obligated to pay an annual property tax. It is calculated by the tax office itself, and the final amount payable is sent by paper or displayed in the taxpayer’s personal account.

Is it possible to revoke a deed of gift?

You can cancel the donation of your share in an apartment to a close relative after state registration only for a number of reasons specified in the law. These reasons include:

1. If the donee died before the donor, and the deed of gift contains a special condition about the possibility of reversing the donation.
2. When the donee encroaches on the life of the donor or his close relatives.
3. When the new owner treats the property carelessly, degrades it or uses it for other purposes than its intended purpose.

IMPORTANT ! It is impossible to revoke a deed of gift from a close relative without compelling reasons, just because of your unmotivated desire.

Cancellation of a deed of gift is carried out only through the court by filing a claim for cancellation of the gift. In this case, the plaintiff will be the donor, and the defendant will be a close relative.

You can download the statement of claim to cancel the donation of a share here.

It is necessary to distinguish the cancellation of a gift from the recognition of a gift transaction as invalid. For the latter, the grounds are broader, and the plaintiff can be not only the donor, but also the spouse, for example. More information about challenging a deed of gift can be found in this article.

Conclusion

Since 2017, significant changes have been made to the State Registration Law on how to formalize a gift to a close relative. Notarization of transactions with shares has become mandatory. The information above will help you follow all the details of registration and quickly transfer housing to a close relative.

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Apartment donation agreement in Belarus

April 24, 2023

A simplified form of transferring a residential property into full possession and legal ownership is a deed of gift for an apartment or house. Such a change of owners does not require the payment of a large amount of tax, reduces the hassle of registration and collection of papers, compared to the purchase and sale.

All transactions are quickly completed through a notary. But not every property can be donated. Before collecting documents and contacting a notary’s office, you need to find out in more detail what nuances may exist in the donation procedure.

What is a deed of gift for real estate

A deed of gift for a residential property in an apartment building is a gratuitous agreement for the donation of an apartment with full transfer of ownership rights to the property. The gift is transferred without payment from the recipient. The subject of the agreement cannot be qualified as an object of the new or secondary housing market because it is transferred free of charge and is not the subject of purchase and sale transactions. An apartment is considered to be a residential premises located in an apartment building or in a one-story (private or public) detached building.

For reference! A deed of gift is also a transaction, but only free of charge.

Types of agreement:

1. Transfer without accepting payment of value for property owned by the donor.
2. Transfer of only the property right of ownership of the object (including with gratuitous assignments of claims).
3. Release of the donee from obligations towards the donor with the transfer of rights to acquire full ownership rights.
4. The donor accepts the debts of the donee with the consent of the creditor.

Important! A deed of gift is a gratuitous deed of transfer of ownership rights. Any demand for payment of money or provision of services is considered illegal actions of the donor.

When you can’t donate an apartment

The law prohibits the transfer of residential real estate as a gift if:

1. The transfer is planned to be carried out by the owner, who is a minor (up to 14 years old) or a minor (from 14 to 18 years old).
2. The donor is a disabled person with mental and physical limitations and is qualified as an incompetent citizen.
3. The recipient is a physician, an employee of an educational and pedagogical institution, an employee of an institution for the social protection of citizens in need of constant care. This also includes spouses and immediate relatives of persons representing the listed professions and serving in the listed organizations.

Note! When it is necessary to draw up a donation agreement for a residential apartment on behalf of a minor, then his guardians - parents, adoptive parents, trustees - act as donors instead.

How to draw up a deed of gift for an apartment

Algorithm of actions:

1. Appear for an appointment with a notary (or registrar) with a package of documents.
2. The parties should draw up a contract with a specialist, read it carefully and sign the contract.
3. The notary must certify the voluntariness and legality of the transaction.
4. Go to the registrar - the territorial state body registering real estate to finally approve the agreement.
5. Come to BRTI to put a mark on the contract.

Important! The contract for the transfer of housing as a gift is subject to mandatory registration with the registrar and the BRTI. Otherwise, it simply will not be valid, and the transferred property rights will not have legal force.

The format of the contract between the parties is regulated by law - Chapter 32 of the Civil Code of the Republic of Belarus. The form is simple. You can compose it yourself, or you can contact a specialist. General concepts that govern the donation agreement for a new apartment in Belarus (or not a new one):

1. The donor is the real owner of the property who wishes to donate it.
2. The recipient is the future owner, the person to whom they want to give such a gift.
3. Subject – transfer of property rights free of charge.
4. Object – an apartment, its part or a residential building (part of it).
5. Essential conditions are the treatment of the object of the donation, its content, under what conditions the transfer of rights or release from onerous obligations should occur.
6. Additional conditions - the duration of the agreement, the rights for the heirs that the donor party can transfer to them, how the gift is returned if necessary.

Note! If the donor is just going to transfer property into full ownership free of charge, then he must indicate in the text of the agreement the period or conditions under which such a transfer will be legally carried out.

What documents are needed for the transaction?

To know how to draw up a deed of gift for an apartment, it is very important to first inquire about the contents of the package of necessary papers.

List of documents for the notary:

• civil identity cards of the parties;
• personal account for a residential property (confirms the absence of debts);
• extract from the USRNI (Unified State Register of Real Estate);
• registration certificate;
• extract from the house register;
• certificate of registration of property rights;
• document of title - a contract of sale, exchange, gift, certificate of inheritance rights, court decision and other options;
• in case of joint ownership, written consent for the gift is required from the other owner (for example, a spouse);
• Consent must also be provided by all persons registered in the living space.

When submitting documentation to the registration authority, the following papers are required:

• an application requesting registration of property rights;
• deed of gift with a visa from a notary;
• act of acceptance and transfer of the object;
• receipt of payment of the state fee for registration actions.

Each document comes with one copy of it. The period for registering the new owner of the object is 5 days. The new owner must obtain from the registrar a certificate of ownership of real estate. Only after this will he be considered the full owner of the property.

The price of the issue is the cost of completing the transaction

When a deed of gift for an apartment is approved, the issue of the cost of its registration in Belarus is also important. There is a whole list of services that notaries and registrars can provide.

How much will you have to pay when you need to donate housing:

• 2 basic values ​​(b.v.) – when a deed of gift for an apartment is certified between close blood relatives;
• 5 b.v. – donation to unauthorized individuals;
• 1.1 b.v. – production by a notary;
• 0.3 b.v. – a notary resolution with written consent from the spouse (another person related to the object);
• 0.6 b.v. – certificate from the registration institution;
• 0.6 b.v. – registration of the gift agreement;
• 0.5 b.v. – registration of transfer of ownership rights.

The basic rate is the minimum tariff established for all notaries or registration institutions. This also includes the state fee for registration. If the notary sends a package of papers for registration, then you will also need to pay 1.5 b.v. for this service. When speeding up the process, they charge 1.2 b.v. for urgency.

Specifics of taxation in Belarus after a gift transaction

Income tax is a levy on income. Which was received by a citizen of the Republic of Belarus. It is charged for various types of acquisition of benefits, including the acquisition of benefits when transferring real estate into ownership. In the case of a gift, the transaction is free of charge. Therefore, the following tax conditions apply here:

1. For the donor, the apartment donation agreement is not subject to taxes because he does not acquire any income from this transaction.
2. The recipient is required to pay income tax, since he receives property that has its own price, and therefore qualifies as a beneficiary.

The tax on donated housing is 12% of the value indicated in cadastral documents. This percentage is not calculated from the amount of market value because market indicators are not stable and the price level there is constantly fluctuating.

Important! If the recipient is a close relative, then no taxes will be collected from him. He is a beneficiary by rights of immediate blood relationship, which is regarded by legislators practically as inheritance.

Some subtleties of giving

The donation process may have its own specifics. These are individual cases. For example, heirs by law have the right to challenge ownership of property through the courts. But this applies only in the case of the use of violence (moral or physical) by the recipient towards the donor in order to persuade him in his favor - to force him to sign an agreement for the transfer of real estate as a gift.

In this case, the heirs must have all documented evidence of the crime. Through the court, they seek to cancel rights to real estate through donation, and then enter into inheritance rights in the order of priority determined by the law of the Republic of Belarus. Then, if desired, a donation agreement for the inherited apartment can be drawn up upon its subsequent transfer to another person.

To kid

When it is necessary to make a gift to a minor child, the transaction is carried out between the donor - the owner of the property and the child's representative - his legal guardian. These may be parents, guardians or adoptive parents.

They manage real estate until the child comes of age. To dispose of does not mean to own with full rights.

Guardians cannot sell the property, but can rent it out or pay rent and utilities. Such a transaction means that the registration of the executed agreement also takes place in the presence of representatives of the minor.

Apartment shares

If you need to make a donation agreement for a share of an apartment, in this case one main rule applies - you need written permission from the co-owners who have the right to the remaining parts of the property. This also applies to those citizens who are registered at the address where the property is located. The agreement must necessarily contain a clause regarding the rights of other owners of their shares.

Pros and cons of an apartment donation transaction

The positive side of the gift agreement:

1. Fast and easy transaction. The maximum production time is 5-7 days in working order.
2. There are no large expenses for registration services and taxes.
3. Rights can be transferred to any person, regardless of the degree of relationship or other social status.
4. It is possible to negotiate the terms of transfer of ownership rights.

Flaws:

1. The transaction is free of charge - the donor will not be able to demand any money from the recipient for the transferred object.
2. If the property is jointly owned, then it is necessary to obtain the consent of the other owners.
3. In some cases, the donor has the right to cancel the transaction - his health condition has deteriorated, or the candidate to receive a gift of property has committed a crime threatening the life and health of the donor.
4. Everyone who is registered in the living space by law should not be discharged (these are children, disabled people, etc.).
5. If the donee is not a relative, then he pays income tax.

Note! If a deed of gift for an apartment has already been drawn up, but the recipient dies before the donor, then the agreement automatically loses force and is declared void. In this case, all rights are returned to its previous owner.

When the question arises about how to sell donated housing, you just need to know that individuals - citizens of Belarus - no longer pay taxes (unless the sale is the second largest transaction within the last 5 years). Only gifted foreign citizens are required to pay tax.

Some are also interested in what is better: making a will or making a gift? For the owner-donor, the gift agreement has irrevocable legal force, and the will can be changed. Even if there is a will, the primary heirs may have the right to claim the inheritance.