Donation agreement for the purchase of an apartment (sample)

Everyone is accustomed to the fact that funds can be the subject of credit obligations. However, the legislator does not prohibit other transactions with them. No less often, money becomes the subject of a gift, including for the purpose of purchasing housing for the recipient. Let's look at how a donation agreement for buying an apartment is drawn up; below is an example of it.

What is an agreement for the targeted donation of money for the purchase of an apartment? Photo No. 1

If someone wants to transfer funds to another person completely free of charge, then this is formalized in a gift agreement. According to the definition given to this type of agreement in Article 572 of the Civil Code of the Russian Federation, it involves the transfer of money into the ownership of another person without any counter conditions.

Both individuals and legal entities can act as donors and recipients. There are no restrictions on the amount transferred by law. In fact, the one who receives such a gift becomes its owner and can dispose of it at his own discretion.

At the same time, donation agreements often specify the purposes for which these funds should be spent. In principle, there is no prohibition on including such conditions in the contract.

Most often, this method is used to provide the opportunity to acquire personal property during marriage. For example, parents give money to their daughter to buy her her own apartment.

However, in practice, if disputes arise, you have to prove the fact of purchasing a home with these funds.

It should also be borne in mind that the donee receives the money as property. And the owner can spend them as he wishes. Therefore, it is unlikely that it will be possible to terminate the deal on the grounds of misuse.

Main provisions of the contract (sample)

The procedure for drawing up an agreement for the targeted donation of money. Photo No. 2

In order for any transaction concluded by the parties to be recognized as legal, it must meet the established requirements for its form and content. As for the form, there are no strict criteria for money, as movable things. Such an agreement can be concluded orally or in writing.

The exception is cases of donation in the future or from legal entities of an amount of more than three thousand rubles. Here the donation must be formalized in writing. Such agreements do not require notarization or registration.

Another important point in concluding contracts is the indication in it of all essential mandatory conditions. In their absence, it will not be considered concluded and valid.

When donating, this condition is the subject of the transaction. This means that it must certainly contain a provision that accurately describes how much and what kind of money is being transferred.

It is advisable to write down the amount not only in numbers, but also in words.

The remaining conditions are considered additional and are included in the contract at the request of the parties.

It is impossible to imagine a contract without indicating information about its parties. The full name (name) of the parties, passport (registration) data, location or residence address should be written in full. Typically, the structure of gift agreements is as follows:

• the name of the contract itself;
• date and place of his imprisonment;
• information about the parties concluding it;
• description of the item;
• rights of the parties and their obligations;
• other provisions;
• details and signatures.

In addition, a receipt for the actual receipt of money can be included in the text of the document itself. It is not prohibited to compose it as a separate document. Conditions on the intended use of the transferred funds are usually included in the subject of the transaction.

Difference from a regular gift agreement

Features of drawing up a contract for the targeted donation of money. Photo No. 3

You can give almost any thing, except those prohibited for free circulation. Donating money, like any movable property, has its differences from donating real estate. The main thing is a simpler requirement for the form of the concluded agreement.

In many cases it can simply be oral. There is no need to register a written agreement for donating money. In addition, in real estate transactions, other essential provisions are added in addition to the subject matter. To register a gift of money, you do not need a lot of documentation.

Documents required for the transaction

Concluding agreements for donating money is not particularly difficult. The main thing is to include information about the parties to the transaction and a description of its subject. Consequently, the main required documents will be passports (for individuals), registration documents (for legal entities).

A receipt for the transfer (receipt) of funds can be drawn up separately or included in the text of the agreement itself. Actually, no more papers are required to complete such a transaction.

Do I need to pay taxes?

Tax legislation provides for the need to pay certain deductions on the amounts of income received. However, there is an exception for cash. Article 217 of the Tax Code of the Russian Federation establishes that there is no need to pay tax when donating money by individuals. It does not matter whether these persons are related to each other or not.

In the case where the Donor is a legal entity, the Donee, according to the Tax Code of the Russian Federation, is obliged to pay tax on the donated amount in a single amount - 13%.

Relevant actions are carried out when transferring funds exceeding an amount of over four thousand rubles.

It is worth noting the fact that the transfer of money as a gift between legal entities is prohibited by the legislator.

Workers in the social, medical and educational spheres are also prohibited from accepting gifts, but only from persons who use the services of the represented organizations. Such gifts should not exceed the value of more than three thousand rubles.

Arbitrage practice

How to prove the intended use of donated money?

In court practice, questions regarding money donation agreements are most often encountered in family disputes between spouses. If they get divorced and divide property, then often one of them tries to prove his sole right to the apartment. And to confirm it, he provides an agreement on the targeted donation of funds.

It should be borne in mind that the presence of a document with such a condition does not yet prove the purchase of an apartment with these funds. This circumstance must be proven in the process of considering such disputes.

As for the cancellation of a donation, it is possible only in cases established by law:

• committing any actions aimed at causing bodily harm and even death to the donor (his family);
• mistreatment of the donated item, creating the threat of its loss;
• in connection with the death of the donee;
• when making a donation in violation of the provisions of the bankruptcy law.

Nuances

When drawing up money gift agreements, it is important to follow the legal requirements regarding their form and content. They, of course, can also be concluded orally.

But to avoid problems in the future, it is better to draw up a written document. It must contain information about its parties, the amount transferred and the fact of its receipt.

The provision of money for certain purposes should be indicated in the subject of the transaction.

Conclusion

Donating money is quite common. The agreement does not require registration, notarization, or even mandatory written form in all cases. Transferring money to purchase an apartment is not prohibited by law. And in many cases, such an agreement can serve as evidence in the event of disputes about the division of property.

Donation agreement for the purchase of an apartment - judicial practice, sample

How to correctly draw up a donation agreement for the purchase of an apartment, judicial practice (consideration of real examples), a sample document, and other important points that you should know about for a better understanding of the topic. All this will be discussed in this publication.

We often face the difficult question of choosing housing. In addition to the internal arrangement of the apartment, it is worth considering external factors - the presence of nearby metro stations, public transport stops, parking lots, hospitals, kindergartens and schools.

But, often, there are not enough financial resources to purchase a suitable property. In this case, it is realistic to enlist the support of financially secure relatives who are ready to help. The best option is for them to give you money for an apartment. Alas, everything is not simple here, so it is advisable to know about the proper execution of the transfer from a legal point of view.

Donation agreement for the purchase of an apartment: why is it needed?

This document must be drawn up in the following situations:

• When money (3 thousand rubles or more) comes from a legal entity;
• If the “gift” will be given in the future.

If the parties involved are individuals, then concluding an agreement in writing from the point of view of law is not mandatory.

It is worth noting that the existence of an agreement will allow you to control the intended use of funds so that they are not spent on purchasing other things.

Here are some popular uses of this document:

• Parents want to financially help their adult son purchase a home. But they also know that their “offspring” is thinking about starting his own business. Obviously, donated money can be used for this cause, which involves uncertainty and risk. To exclude such a scenario, it is better to draw up a gift agreement indicating the specific purposes for which financial resources can be spent.
• Another important point when a document can play a decisive role: when spouses get divorced, many disputes arise regarding the division of rights to real estate. It is known that all things purchased after marriage are jointly acquired property. But if the house was bought with money received according to the contract, then all ownership rights are transferred to the spouse in respect of whom the document was drawn up (to whom it was given). That is. There will be no disagreements regarding the division of real estate in court.

Donation agreement for the purchase of an apartment - sample

It is better to entrust the registration to specialized lawyers, but this can be done without the involvement of third parties. Several copies must be prepared in writing. They should reflect the following information:

• Last name, first name, patronymic, passport details of representatives of both parties (donee and donee);
• The purposes for which the donated funds may be spent are indicated;
• The list of duties and rights can be taken from the Civil Code of the Russian Federation. For example, the transferring party undertakes to transfer a certain amount to the recipient’s account within a specified period, covering all bank commissions and other related costs. Also, a clause is often indicated that the donor has the right to change his decision and terminate the contract if his financial situation deteriorates sharply (serious health problems appear); when the recipient changes his mind about using the “gift” for its intended purpose.
• Method and deadlines for transferring material resources. This has already been mentioned above.
• The details of all parties to the agreement must be written down: contact information (address, telephone number), banking information (account numbers, microfinance organizations, OKPO, etc., if necessary).
• At the very end of the document, signatures must be affixed with a transcript of the name and date.

Please note that no notarization is required. But if you wish, you can use their services (at your discretion). However, do not forget that in this case you will have to pay a fee, the amount of which will depend on the inventory value.

Do I need to pay tax?

Even if you are lucky and receive such a valuable gift, you must pay 13% of its price to . The tax is not paid only when money is donated by close relatives (parents, children, grandchildren, brothers and sisters).

In order not to lose a decent amount of money, it is better to refuse to formalize the agreement in writing (in order to hide the fact of the transfer of currency). Or it’s worth negotiating with the donor so that they donate you not money for an apartment, but immediately ready-made housing.

Donation agreement for the purchase of an apartment - judicial practice

This agreement has very limited legal force. It can only indicate the primary purpose for which the funds can be spent.

But the transferring party cannot in any way influence the choice of a specific property.

However, there are examples when an agreement helps to sort out a controversial situation. Follow the link to see the actual court decision.

4 main rules for drawing up a donation agreement for the purchase of an apartment

Citizens of Russia who have savings, deposits and large sums of money in their possession may often be faced with the need to draw up a donation agreement for funds. Due to the fact that not everyone knows how to correctly draw up this document, the help of a lawyer is needed.

According to some, it is not at all necessary to draw up an agreement, especially if the transaction takes place between close relatives.

However, the presence of a deed of gift will be a kind of guarantee of the transaction and will help solve possible problems. If the funds are transferred to a third party, then a gift agreement is necessary.

Lawyers working in the field of civil legislation of Russia are familiar with the rules and subtleties of concluding a contract with the participation of an individual or legal representative. For this reason, the expert will be able to answer possible questions and give advice when drafting.

Properly organized drafting and registration of a gift agreement, in accordance with the law, guarantees the opportunity to challenge or cancel the concluded transaction.

What information is required to be provided when concluding a gift agreement?

There are certain data, in the absence of which the concluded contract has no legal force and can be easily canceled . To avoid this, it is necessary to include in the text of the contract:

• information about the donor and recipient
• data on the amount of money transferred under the agreement
• special conditions that are not prohibited by law
• signatures of the parties to the transaction.

There is no need to register details of the deed of gift with Companies House.

Both the participants themselves and a notary can draw up an agreement if the participants deem his presence necessary. It is advisable to conclude a gift agreement without a notary, as it will be cheaper.

Have you issued a deed of gift for an apartment, but want to challenge it? Read this article for detailed instructions on how to do this.

Scheme of the gift agreement.

Features of concluding a donation agreement for the purchase of an apartment

There is a separate type of deed of gift called targeted donation . The difference is that the participants discuss in advance the purpose for which the funds are donated. For example, deeds of gift for the purchase of real estate have become widespread .

A similar document can be drawn up between close relatives. The sample donation of money for the purchase of an apartment looks the same as a deed of gift, but in the process of drawing up a deed of gift, a separate clause states the purpose of donating the sum of money .

The execution of such an agreement can be carried out free of charge and without additional registration at the state level.

• The agreement will be considered valid even if it is in writing.
• However, signing a donation agreement for the purpose of purchasing an apartment does not actually prove that the property was purchased with donated money, since the recipient of the funds could spend it on his own desires.
• In this case, it is advisable to obtain the consenting signature of the partner of the donee , who will be able to write in the agreement itself or on a separate document, referring to the agreement, a confirmation that the purchased apartment was actually purchased using the funds transferred under the gift agreement.

In judicial practice, a donation agreement for the purchase of an apartment will become an assistant in the event of disputes.

But for example, in Rosreestr this will not become serious evidence of ownership of an apartment as personal property, since during the sale of such property, the registering department will require the consent of the spouse to sell the property, confirmed by a notary.

To wisely choose the best option for purchasing a home, read the instructions at the link.

Sample agreement for donation of funds.

Form and sample of a money donation agreement

An agreement to donate a sum of money can be drawn up in simple written form, according to the standard rules for drawing up such documents.

According to this legislation, there is no need for the document to be certified by a notary and subsequent registration.

However, the legislation provides for cases in which an agreement for the gift of funds must be drawn up in the form of a letter (Article 574 of the Civil Code of the Russian Federation):

1. a legal entity is represented as a donor and the amount of funds exceeds 3,000 rubles.
2. when the deed of gift is not fulfilled at the present moment, but during a predetermined period (promise of donation).

The form of the agreement provides for a record of the donor’s personal information (last name, first name, passport details, birthday and place of registration), information about the receiving person (the same as that of the donor), conditions regarding the subject of the agreement (this condition is essential, since without a deed of gift has no official meaning), while the object is a sum of money, the size and currency of which are discussed in advance.

Gift tax between close relatives

You can find out all the details about the tax on donated apartments by following the link.

When concluding a donation agreement between close relatives, the tax problem should not bother you.

When donating a sum of money, the receiving party, regardless of the presence of family ties with the donor, will not pay tax.

Moreover, the law specifies a list of gifts, upon receipt of which it is necessary to pay an income tax amount to the state budget:

• vehicles
• real estate
• stock
• shares
• shares from the authorized capital.

The amount of such tax between people not closely related and those who do not have common roots is 13% of the value of the gift. An exception may be situations when the receiving party is not a citizen of the state.

1. If there is a close family relationship between the parties to the transaction, then payment of tax is not required.
2. When drawing up an agreement, it is necessary that both parties are legally capable and bear responsibility for the decisions made.
3. Decide in advance whether a notary will be present during the transaction , which will help avoid possible mistakes for those who have not previously encountered the preparation of a deed of gift.

In order to challenge the decision made to donate a sum of money, it is necessary to provide a lawyer with a medical report on the general health of the parties to the transaction.

The donation agreement is drawn up in the form of a letter.

Judicial practice in this category of cases

If the deed of gift is drawn up correctly and thoughtfully, then there is no need to challenge it. However, it may be necessary to cancel the transaction.

It is necessary to immediately indicate that it is impossible to cancel a transaction just because the providing party has changed its mind. In such a situation, the decision is irreversible.

To challenge a transaction, serious reasons are required . The donor may try to challenge the transaction if one of the circumstances occurs:

• the providing party has evidence that he was pressured or blackmailed during the procedure.
• when the recipient caused harm to the donor in order to receive funds
• if after the transaction the financial condition of the providing party has deteriorated sharply , and canceling the transaction will help correct this.

The deed of gift may be challenged in court.

A contract for donating funds can be drawn up either in writing or simply in words if the parties to the transaction have a close trusting relationship. When drawing up an agreement, it is permissible to have a notary present who will help those unfamiliar with the procedure to draw up the agreement correctly.

If the deed of gift has a target direction, then it is necessary to stipulate this in the agreement.

Payment of income tax upon receipt of a deed of gift is necessary if it was received for the purpose of purchasing an apartment or an expensive item .

The tax is thirteen percent of the total cost of the gift . If the recipient is not a citizen of the state, then the tax reaches thirty percent.

You can get rid of paying tax if the transaction is carried out between close relatives. It is possible to challenge a completed transaction, but this requires compelling reasons.

Donation agreement for the purchase of an apartment (sample)

A gift agreement may include various additional clauses that can be considered as terms of the transaction. In this case, the contract specifies a clause with the intended purpose of the donated funds.

If the recipient of the gift does not fulfill this condition (for example, instead of spending money on an apartment, he buys a car), the contract can be terminated unilaterally and the entire amount can be demanded back.

How to register a donation of money to buy an apartment

A donation agreement of this type is a completely standard document, with the exception of the clause with the intended purpose. There are no special features in it. It should be taken into account that the legislation does not say anything that an agreement may have similar conditions/purposes, but there is no direct prohibition, therefore, formally, it is still possible to insert a designated purpose into a gift agreement.

Procedure

In order to register a donation of money, you need:

1. Discuss with the recipient of the funds all the terms of the future “transaction” . In particular, it is the destination point, so that there is no misunderstanding in the future.
2. Prepare money . They can be transferred in cash or transferred by bank transfer.
3. Draw up a gift agreement . This can be done in person, however, given the fact that the document will still have to be certified by a notary, it is better to immediately contact him so that he can draw up the document.
4. Sign the contract . Signatures are placed by both the donor and the recipient. You will also need to indicate the date of signing, which must be real and current.
5. To certify a document . This must be done by a notary. The service is paid, but it helps reduce possible risks for both parties to the transaction.
6. Transfer funds and write a receipt . Simultaneously with the transfer of money (provided that this is done in cash), a receipt is drawn up and signed. It should be noted that it must be in two copies: one for the donor, the second for the recipient. For the donor, this document confirms the fact that the money was transferred (the obligation assumed by the person under the gift agreement was fulfilled), and for the donee, such a document confirms the fact that he received the money. In fact, the donee does not particularly need the receipt, but it is better if each party to the transaction has its own copy.
7. Check the intended purpose . Considering the fact that the donor wants to give money specifically for the purchase of an apartment, he will have to control the very fact of where this money will be spent.

Documents, costs and deadlines

No special documents are required to draw up such an agreement. It will be enough if the parties provide their passports. However, in some cases, in order to further secure the transaction, the donee may also require a certificate of legal capacity from the donor. However, this is the exception rather than the rule.

The costs in this case are only for notary services. On average, the price of drawing up and certifying a document ranges from 2 to 10 thousand rubles, depending on the region of residence. At the same time, even if you draw up an agreement in advance and come to the notary with a ready-made document, this, at best, will reduce the cost by literally 10%, so there is no particular point in this.

The parties set the deadline independently. The deal itself can be completed literally in 1 day, if desired. But the period during which the recipient is obliged to spend the money received as a gift to purchase an apartment is usually not specified. If necessary, this can also be noted in the contract with a mandatory indication of the consequences of non-compliance.

Contents of a donation agreement for the purchase of an apartment

The gift agreement of this type is almost identical to the standard one. It must contain the following items:

1. Document's name . For example, “Agreement for targeted donation of funds.”
2. Information about the parties to the transaction . Here the full names of the donor and recipient, their passport details, registration addresses and any other information that will help identify the person are indicated.
3. Gift amount . It is written in both numbers and words to avoid misunderstandings or misunderstandings.
4. Special purpose . This is precisely the important point that distinguishes this document from a standard gift agreement. The specific purpose of the money that the recipient will receive is prescribed.
5. Rights and obligations of the parties . General information about what one or the other party to a transaction can or cannot do.
6. Conditions for termination or termination of the contract . In this case, it is stated under what conditions each party can terminate the contract unilaterally, as well as under what conditions this document expires.

Example : The document may state that the donor can terminate the contract if he receives confirmation that the recipient has used the funds for other purposes.

The recipient, in turn, terminates the contract if he does not receive the agreed amount within a certain period of time.

Well, the contract itself ends when the donor receives confirmation that the money transferred to the recipient was spent for its intended purpose.

1. Signatures of the parties . It is recommended not only to affix a signature, but also to decipher it. The date of signing is often indicated here.

What are the features and advantages of a money donation agreement for the purchase of an apartment?

A money gift agreement, provided that it is concluded between close relatives, is an excellent way to actually purchase an apartment for a person as a gift. Formally, you can buy an apartment and then give it as a gift, but if it was owned for less than 5 years, then such a gift will be subject to tax. Cash gifts between close relatives are not taxed.

Among other things, a gift agreement is a way to donate an apartment to one of the spouses (or rather, money to buy it) so that the “other half” does not receive any rights to such housing.

In a normal situation, when one of the spouses purchases a home, the second spouse automatically receives the rights to it, with the exception of those marriages in which a marriage contract is concluded. If the money is received as a gift, then these are funds only of the person who receives the money and they are not contributed to the family budget.

Even when an apartment is purchased using donated money, it is also considered personal property, which is not subject to division in the event of a divorce.

A donation agreement for the purchase of an apartment is a fairly standard type of document, however, like any other agreement, it can be associated with numerous problems and risks. At a free consultation, experienced lawyers will tell you what you need to pay attention to first. These same specialists can accompany the entire transaction, from beginning to end, thereby minimizing any possible problems

Donation agreement for the purchase of an apartment sample form

Often there is a need to enter into a donation agreement for the purchase of an apartment.

Legal nature of the agreement to donate money for the purchase of an apartment

The law requires the execution of a money donation agreement in a number of cases.

These include:

• The amount of the gift exceeds 3,000 rubles, and the donor is a legal entity.
• The donation will take place in the future, that is, it is more of an agreement about the intention to donate money.

In other cases, the donor has every right to transfer funds without any formalities.

Small amounts are transferred between close people in this way.

Also, there are no strict legal requirements for the execution of an agreement. It is only important to observe the form and content common to such documents.

Notarization is also not required.

Conclusion of an agreement

Most often, such an agreement is concluded when parents (maybe other relatives) give gifts to their child who is already married. It is important to indicate directly in the contract for what purposes one party transfers money to the other.

1. It is worth remembering that this agreement alone will not be enough in the event of a possible division of property.
2. For example, the Rossreestr authorities will request the written consent of the spouse upon the subsequent sale of the living space.
3. It is important that when subsequently purchasing a home with donated money, a note is made in the contract that the funds were used for their intended purpose.

Since the very fact of donation does not mean that this particular money was used for the purchase. This must be agreed in writing with the spouse of the donee.

Another option involves concluding a marriage contract at the same time as purchasing a home and specifying all the conditions regarding the property purchased with the donated money.

In the third case, you can purchase housing in the name of the donor, and then donate the apartment. Here it is important to pay attention to the need to pay income tax, since according to current laws, donations of real estate are taxable.

Taxation

An exception is if real estate, cars, shares, shares are given as a gift. In this case, you will need to pay income tax of 13% on the gift. This clause is not used if the donation occurs between close relatives.

Sample agreement for the donation of money for the purchase of an apartment - judicial practice, price

A monetary deed of gift may have certain conditions of acceptance and purposes of execution.

A money gift agreement allows close relatives to financially support their child and help him buy an apartment. A trust deed of money is most often drawn up by parents in order to protect the individual property of their son or daughter who is married. But in practice this is not so easy to do.

This is an agreement according to which one person (the donor) undertakes to transfer free of charge funds to the property of another (the donee) for the implementation of certain goals. This transaction is practically no different from a deed of gift. It is unpaid and free of charge.

The donor does not set the conditions for accepting the money and does not require a gift in return.

Property under such an agreement becomes the property of the person to whom the gift is made. But the agreement is targeted, so you won’t be able to use the money at your own discretion. The donor alienates them for a specific purpose that the recipient needs to achieve.

essential terms of the agreement

The essential terms of a contract are those without which it cannot be concluded. In relation to gift documents, the condition regarding the subject of the gift will be essential.

The subject of the agreement in contracts on the targeted alienation of funds is money in a certain amount. The transfer of funds is formalized by signing a receipt. The money is considered transferred from the moment the receipt is signed.

documents for concluding a transaction

A target agreement regarding the transfer of money can be drawn up in simple written form (Article 574 of the Civil Code of the Russian Federation). Such an agreement cannot be concluded orally, since it is consensual and contains a promise to transfer money in the future.

The following documents will be useful:

• passports of the parties;
• identification codes;
• receipt.

A receipt is a mandatory addition to such an agreement. The actual transfer of money will depend on its signing. The parties can apply to a notary for certification of the transaction, although this is not necessary, but the documents for registration of the deed of gift will remain unchanged.

what is written in the sample

Typically, a targeted donation agreement consists of the following sections:

• information about the parties to the agreement and their expression of will;
• gift item;
• rights and obligations of the parties;
• confidentiality;
• dispute resolution;
• duration and termination of the contract;
• special conditions and final provisions;
• signatures of the parties.

The section on the subject of the agreement specifies the amount of money donated and the purposes for which it is alienated. The moment of actual transfer of money is indicated. The second section outlines the rights and obligations of the parties.

In the case of a targeted transfer of money, the basis for termination of the transaction may be the misuse of the gift. If the agreement is cancelled, the donee cannot claim to challenge this fact.

The recipient has the right to refuse to accept the gift at any time in writing. And the donor may refuse to fulfill his promise.

Refuse if, after the conclusion of the transaction, his financial situation or standard of living has decreased significantly. The initiator of the transaction can cancel it if certain conditions are met (Article 578 of the Civil Code of the Russian Federation).

The confidentiality section provides for non-disclosure of data and terms of the transaction. Regarding the resolution of disputes, the procedure is quite simple: the contract states that the parties must initially resolve their differences through negotiations, and if this does not help resolve the conflict, then such disputes pass into the hands of the court.

The contract for the targeted gift of money comes into force from the moment of its conclusion. Terminates after the parties have fulfilled all obligations.

Agreements of this kind can be terminated early by agreement of the parties or on legal grounds. In the final paragraph of the document, the parties undertake to resolve all unforeseen problems within the framework of the law, as well as make changes to the agreement in writing.

The receipt is drawn up in two copies. In it, the donee confirms the receipt of money in the specified amount for the implementation of certain goals.

what is the tax rate

Income in cash and in kind, which is received from individuals as a gift, is not subject to personal income tax (Article 217 of the Tax Code of the Russian Federation).

In this case, we are not talking about exceptions to this rule:

• apartments;
• cars;
• shares;
• shares;
• share.

Targeted donations of money will not be subject to personal income tax, regardless of who the parties to the agreement are. The parties to the deed of gift may not be relatives, but the agreement between them will still remain non-taxable.

the total cost of processing and concluding a transaction

A deed of gift for money can be formalized in simple written form. This means that the money donation agreement is not subject to registration or mandatory notarization.

But in order to minimize possible problems in the future, you can contact a notary for confirmation of the transaction. And also pay for the preparation of the draft deed of gift in a law firm.

Table. Total costs for completing the transaction.

Name of the law firm that is drafting the agreement	Cost of compilation	Tariff for notary services	Cost of PTH services	Total expenses
Olva	about 3000 rubles	about 500 rubles	up to 10,000 rubles	5000-10,000 rubles
LegalZoom rubles	about 2000-2200	3500-10,000 rubles
Amulex	from 2000 to 5000 rubles (depending on the chosen service program)	4000-10,000 rubles

Obviously, contacting a notary and a lawyer can cause additional costs in a significant amount. Close relatives can do without these expenses, and people who are not related have the right to choose one thing to save money.

It must be remembered that neither contacting a notary nor a lawyer is a prerequisite.

It is difficult to say which will be more profitable. You can simply draw up a legally correct contract and not go to a notary. You can contact a notary with your draft document and its certification will cost almost the same as drawing up the deed of gift itself.

But it is necessary to take into account the fact that the notary does not thoroughly check the correctness of the agreement, so if you pay for someone’s services, it is better to pay for those related to the drafting of the agreement.

judicial practice on the agreement of donation of money for the purchase of an apartment

The parties to the contract try to resolve all difficulties and issues without going to court. Especially if the donors and recipients are close relatives. But there are cases when it is impossible to do without the intervention of the court.

One example of such a situation is the following case. The crux of the matter: the parents decided to give their son money to buy an apartment. The deal was completed according to all the rules, the son accepted the gift and signed a receipt.

Three months after signing the contract, the parents filed a claim for forced termination of the deed of gift.

The basis for this was the fact that the donee did not fulfill the terms of the agreement and the receipt. The money was not used for its intended purpose and the apartment was not purchased.

Any agreement can be forcibly terminated only if one of the parties does not fulfill it. As such, the deed of gift does not establish financial obligations in relation to the donee.

The gift agreement is gratuitous, but the agreement on the targeted alienation of money has certain conditions that must be observed. The money had to be spent on buying an apartment. It was for this purpose that the donee signed the receipt.

Another case in judicial practice concerned the cancellation of earmarked gift money. The crux of the matter: the father gave his daughter money to buy an apartment. The agreement was fulfilled and the recipient purchased the apartment. A year after that, she died. The father filed a lawsuit demanding the cancellation of the deed of gift on the basis of Part 4 of Art. 578 Civil Code of the Russian Federation.

Article 578 of the Civil Code of the Russian Federation gives the donor the right to cancel the agreement in the case when he outlives the donee.

The court's decision was to dismiss the claim. The transaction was completed by the parties. The recipient bought an apartment. At the time of filing the claim, the deceased’s legal heir did not have the subject of the transaction.

The agreement was concluded in relation to a certain amount of money, and the apartment that was purchased became, moreover, the joint property of the spouses.

A targeted donation of money for the purchase of an apartment is an excellent alternative to a gift for real estate. A targeted donation allows you to donate money to purchase an apartment and avoid taxation.

A gift expressed as a monetary amount is not subject to personal income tax.

Gifts for real estate are not subject to personal income tax only between close relatives. Distant relatives or people who are not related must pay personal income tax in the amount of 13% (for real estate alienation agreements).

This document is drawn up in simple written form and does not require registration or notarization.

Details about the agreement of donation of money for the purchase of an apartment: sample agreement and nuances of execution

Ideally, each of us should decide for himself which place to live will be the most comfortable for him. After all, you need to take into account many important points: distance from work, accessibility of transport, level of infrastructure development in the area and, of course, the cost of the apartment. Therefore, it is worth giving not an apartment, but, if there is such an opportunity, it is better to give money to purchase an apartment.

In this article we will look at what a deed of gift is and how to formalize it. Do I need to pay tax and other nuances?

What kind of gift deed is this?

Such an agreement implies the transfer of money free of charge into the ownership of another person without any property obligations (according to Article 572 of the Civil Code of the Russian Federation). However, this gift is targeted, so the money must be used specifically for the purchase of an apartment.

Usually such a gift occurs between relatives or friends. But in some cases, an agreement is concluded between individuals and legal entities. The main thing is that the money that the donor intends to donate is his own money. If he is married, then the written consent of the second spouse for the gift will be required.

Sometimes relatives want to time the transfer of money as a gift to a specific date, this could be, for example, coming of age or a wedding day. In this situation, it is necessary to formalize the deed of gift in writing.

IMPORTANT! At the time of registration of this gift transaction, both parties must act consciously, that is, be legally capable. Legal capacity can be confirmed by a notary, in the same way as family relationships

Reasons for compilation

There may be several reasons:

1. Such an agreement is most often drawn up in a situation where parents want to make such a serious gift to their child specifically for the purchase of their own apartment. Naturally, none of the parents would want their children (thanks to the substantial amount of money they now have) to be involved in any risky enterprise.
2. Another important reason that worries many parents is how to protect the property of their child (married) after a divorce, if such a situation suddenly arises. Indeed, thanks to a targeted donation, which is documented, one of the spouses disposes of the apartment purchased (with this money) absolutely independently. He can sell it, donate it or rent it out; the permission of the second spouse is not required for this. In the event of a divorce, an apartment purchased with money received under a trust deed of gift will not be divided.

How to apply?

It is best to draw up an agreement in writing; you can have it certified by a notary if you wish; it is not necessary to register it.

It can be written independently in any arbitrary form, but still it is worth including the following sections in this agreement:

1. Information about each participant - passport details, place and date of birth, address, full name are specified in detail.
2. The subject of the agreement is a free donation of specific financial resources (indicate the exact amount of money) for a specific purpose (for the purchase of an apartment). You also need to indicate the date when the money will actually be transferred.
3. The rights and obligations of the Donor and the one to whom this money is given - this section must be treated very carefully. The Donor’s obligations include the condition that he must transfer a specified amount of money to a bank account or transfer in cash within a specific time (specify date). All expenses (if any) are paid by the Donor. As for his rights, he can, if he wishes, terminate this agreement. The one who receives money as a gift has only one responsibility - the intended use of the gift. He also has the right to refuse this gift.
4. Confidentiality - this section provides for non-disclosure (mutual) of any information related to this transaction.
5. Dispute resolution - it should be noted that any disagreements that may arise should be resolved through negotiations, and if an agreement cannot be reached, then you will have to go to court.
6. Duration - such a contract comes into force from the moment it is signed, and ends when the obligations of both parties are fulfilled. Confirmation of the receipt of the indicated amount of money must be a receipt, which here plays the role of an act of acceptance and transfer of money. This receipt is stored along with the contract itself.
7. Special conditions - here you need to indicate that early termination of the gift agreement is allowed by agreement of the parties or for other reasons.
8. The signatures of the parties at the end of the agreement are placed with a transcript.

Documents for conclusion

Reference. If such a gift agreement is concluded between relatives (or other individuals), then only passports will be required from the documents.

If one of the parties is a legal entity, then registration documents will be needed.

If the deed of gift is issued by a notary, the list of documents will be more expanded ; in addition to the passport, you will also need:

• TIN data;
• if the parties to the agreement are close relatives, then to confirm this fact, you will need to provide a marriage or birth certificate.

State duty

As for the state fee, it will only need to be paid if you contact a notary (if the contract is certified by him).

Mandatory conditions under which it is impossible to challenge the agreement

For this target agreement to be “clean” from a legal point of view, it is necessary that the donor:

• was absolutely competent;
• had at his disposal the required amount of money;
• secured the consent of the other half to complete the transaction.

Do I need to pay tax on such a “gift”?

1. If the donor is a family member or he and the recipient are close relatives (according to the Family Code of the Russian Federation), then no tax needs to be paid on the donated money (Clause 18.1 of Article 217 of the Tax Code of the Russian Federation).
2. If not a relative, in this case the tax will be 13% of the amount.

Is it possible to cancel?

The donor may cancel the gift agreement (Article 578 of the Civil Code of the Russian Federation) in the following cases:

• a sharp deterioration in one’s financial situation;
• if the person who received the gift from him caused harm to the health of him or his loved ones;
• if possible, prove that during the procedure for drawing up this agreement he was subjected to pressure or blackmail;
• if the money was spent not on purchasing an apartment, but on other purposes.

Also, this deed of gift can be canceled through the court (if an interested person applies there) in case of violations of legislative norms by a legal entity or individual entrepreneur. For example, money was donated, and a few months later the entrepreneur declares himself bankrupt, thereby violating the Federal Law on Bankruptcy (No. 127-FZ).

Many people believe that it is not at all necessary to draw up a written agreement if the process of donation occurs between close relatives; oral agreements are sufficient.

But no one is immune from possible problems and surprises.

And if a targeted donation is carried out between third parties, of course, everything should be confirmed only by documents and, for reliability, certified by a notary.