Description of the donation of a land plot to a relative. Donation agreement (donation) for a land plot Donation agreement for a land plot per year

Land plot donation agreement sample 2020 for contacting Rosreestr - template (form), as well as an example of filling out. Like any other real estate, suburban (agricultural, urban, for construction, etc.) land plots are often donated to each other. The transaction is registered in Rosreestr, where they apply with a completed donation agreement, which does not even have to be certified by a notary. But if there are special conditions for the transfer, for example, division into shares, a delay in donation, there are easements or some restrictions, then a notary (or legal advice) is simply necessary. This is also true for cases when there are any disputes between relatives, or the right to land can be challenged. In other cases, if everything is normal in the family, a land donation agreement can be drawn up independently.

Taxes and duties

It is worth remembering that if the donation of a summer cottage is between close relatives, then you do not need to pay tax. But if just between people, then you will have to pay 13%, and if the donation is made to a non-resident (both a foreign citizen and a citizen of the Russian Federation permanently residing abroad), the tax amount will be 30%.

The state duty on the donation of a land plot in 2020 will be 2,000 rubles, and if the transfer is to an organization, then 20,000 rubles. For each allocated share, they will take 200 rubles for an individual.

If you re-register with a notary, then there is a state rate for such services. It is 0.5% of the contract amount. But no more than 20,000 rubles.

So, how much money do you need to arrange a deed of gift for a summer cottage? For example, 6 acres in the far suburbs cost 500,000 rubles. The duty for a relative is 2000 rubles, the services of a notary is 2500 rubles. If for a stranger, then 2000 + 2500 + 65000 = 69500 rubles including tax.

But once again it should be noted that you don't have to pay a notary.

Documents and forms

The documents for donating a land plot for submission to Rosreestr are required as follows:

Certificate of ownership;
Cadastral plan of the land plot;
Notarized consent of the spouse (you can register it in the contract);
An extract from the bank on the pledge, if a loan was taken for the site;
All contracts - lease, purchase and sale, tied to the site;
Powers of attorney if the donor or the recipient of the donated plot cannot personally conclude an agreement.

The entire list of documents must be listed at the end of the contract. If there are any illegal buildings on the site, then it is advisable to start legalizing them after the transfer of rights to the land, in order to register for the new owner. The list of documents can be replenished with the forms that Rosreestr will put up directly during registration; it is also better to add all new papers at the end of the contract to the general list.

Sample filling

You can fill in the empty form of the donation agreement for a land plot 2020 of Rosreestr using the link with the presence of fields here:

Download file: (Downloads: 388)

Further, a sample of how to fill out an agreement will be given. Once again, I would like to note that if there are special conditions, for example, so that the donation begins to act after the death of the donor (deferral), it is better to contact a notary. The difference between a deed of gift and a will is the ability to challenge the contract, for example, if it was drawn up with violations.

Land plot donation agreement (sample)

I am Nikolai Zakharovich Sviridov, born in 1935, passport number 46 12 345987 issued by the Federal Migration Service of Russia for the Moscow Region, Lyubertsy District, issued on 09/21/2001, residing at the address Lyubertsy, Barack Obama Street 29 square. 23, hereinafter referred to as the "Giver", on the one hand, and Alexander Nikolayevich Sviridov, born in 1985, passport number 42 11 315917 issued by the OUFMS of Russia for the Moscow region Zaraysky district date of issue 21.02.2008, residing at the address Zaraysk, Joseph Stalin street house 55/1 sq. 3 on the other hand, hereinafter referred to as the "donee", we conclude this agreement with the following conditions:

1. The Subject of the Agreement

1.1. The donor, on gratuitous terms, transfers to the donee's ownership a land plot with cadastral number No. 60: 33: 3344555: 345 intended for running a personal subsidiary farm.

1.2. The boundaries of the site are its integral part and are determined on the cadastral plan attached to this Agreement. The area of the site is 0.6 hectares.

1.3. There are no buildings, structures, structures on the site.

1.4. At the time of the conclusion of the agreement, the land plot belongs to the Donor on the basis of the Certificate of state registration of the right to real estate dated 12.12.1999, registration record number 59-59-24 / 012 / 1999-118, document series and number 12 65 45 No. 456546.

2.Plot encumbrances

2.1 Servitudes do not apply to the land plot.

2.2. The land plot is not subject to the obligations or claims of third parties.

2.3. The land plot is not mortgaged.

3. Restrictions on the use of the site:

3.1 At the time of the conclusion of the Agreement, the Donor does not establish restrictions on the use of the site.

3.2 The donor brought to the attention of the donee that there are no restrictions on the use of the land plot, he is not pledged or in property disputes with third parties, he is not under arrest.

4. Rights and obligations of the parties.

4.1 The Donor has the right to cancel the donation if the donee violates the rules for the use of the land plot, environmental standards, loss of legal capacity of the donee.

4.2. The donor is obliged to transfer the land plot for the use of the donee after the signing of the contract and the implementation of state registration for the transfer of ownership.

4.3. The donee has the right to refuse to accept a land plot as a gift.

4.4. The rights and obligations of the Donor and the donee, not provided for by the contract, are determined by the legislation of the Russian Federation.

5. Responsibility of the parties

5.1. For failure to comply with the terms of the agreement, the parties are liable in accordance with the legislation of the Russian Federation.

6. Dispute Resolution

6.1. If it is impossible to come to an agreement in the event of a disputable situation, disputes are resolved in the city court at the place of registration of the Donor.

7. Final provisions.

7.1 The contract is not subject to a notarial declaration, but has been read, agreed and certified by both parties.

7.2. The contract is subject to state registration, it is considered to have entered into force after its completion.

7.3. The agreement is drawn up in 3 copies of equal legal force. Copies of the agreement are transferred to the Donor, the Done, one copy is transferred to the archives of the state institution that registers property rights.

7.4. The costs associated with the execution of the contract, payment of the state duty shall be borne by the donee.

8. Addresses and details of the parties

Donor: Nikolai Zakharovich Sviridov, born in 1935, passport number 46 12 345987 issued by the Federal Migration Service of Russia for the Moscow Region, Lyubertsy District, issued on 09/21/2001, residing at the address Lyubertsy, Barack Obama Street 29 sq. 23

The donee: Alexander Nikolaevich Sviridov, born in 1985, passport number 42 11 315917 issued by the OUFMS of Russia for the Moscow region, Zaraysk district, issued on 02.21.2008, residing at the address Zaraysk, Iosif Stalin street, house 55/1 apt. 3

9. Signatures of the parties:

Donor Nikolay Zakharovich Sviridov: __________________ Date of signing:

The donee Sviridov Alexander Nikolaevich: _______________ Date of signing:

10. List of documents:

When making a donation of a land plot, it is necessary to take into account the provisions of the Civil and Land Codes, the Federal Law "On the Procedure for State Registration of Rights to Real Estate and Transactions Therewith", and to pay taxes on time.

The form of the land donation agreement

The law requires that the donation of real estate, in particular, and land, be formalized in writing.

It is not necessary to certify this contract by a notary; the power of a notarial donation is the same as that of a simple written form.

But notarial can be convenient in that:

when certifying the contract, the notary will check its legality, correctness of execution, the rights of the parties and other necessary conditions;
can not only certify the contract, but also draw it up competently;
the notary is liable (material) for damage caused by his wrong actions;
if the gift certificate is notarized, then the registration of property rights on it is much faster.

When a land plot is a joint property of a family, its donation is possible only with the mutual consent of the husband and wife. The permission from the other spouse is required to be notarized.

Taxes and duties when donating a land plot

National tax

For the registration of ownership of the site, a state fee must be paid, which in the general case is 2,000 rubles.

The law also provides for benefits for the payment of state fees. Poor citizens are completely exempted from it - for this they need to submit a certificate from the social security authorities.

The payment details of the territorial branch of Rosreestr for paying the state duty are on the Rosreestr website.

Personal income tax

The law classifies gifts received as income, and, therefore, the recipient of the gift must pay personal income tax. This tax is not levied on a gift from a close relative.

The amount of tax payable can be calculated:

at the cost of the land, which is given in the donation;
if the value is not indicated - according to the cadastral value.

If the tax office considers that the valuation of the land in the contract is underestimated, it can calculate the tax on the cadastral value. If the gifted person does not agree with the assessment of the tax inspectorate, it can be challenged in court.

The tax rate is:

for residents of Russia - 13%;
for non-residents - 30%.

The ownership of real estate exists from the date of its registration, and this date is recognized as the date of receipt of income, from which the deadlines for filing a declaration and payment of tax are calculated. If the land is received as a gift, you must submit a declaration of income in the form of 3-NDFL.

The declaration is submitted the next year after the donation, until April 30. For example, if the donation was issued on 12/30/2018, and registered on 01/21/2018. 2019, then the declaration must be submitted before 04/30/2020.

It can be noted that the tax paid by the donee is higher than the tax that the donor would pay when selling the land: with the same tax rate of 13%, the person who received the land as a gift will pay tax on the full amount, and the seller only on the amount in excess of 1 million rubles. ...

Notary rate

If the donation agreement is notarized, the notary fees must be paid. Tariffs for notarization of a deed of gift are determined by Art. 22 1 Fundamentals of legislation on notaries.
When donating to spouses, children, parents, grandchildren (this list does not include all close relatives, but only named ones):

with a plot cost of up to 10 million rubles. - 3,000 RUB + 0.2% of the cost under the agreement;
at a higher cost - 23,000 rubles. + 0.1% of the cost in excess of 1 million rubles, but not more than 50,000 rubles in total. (that is, starting with a cost of 28 million rubles and more, the tariff is a fixed amount of 50,000 rubles);

When donating to others (including siblings, foster children and foster parents), depending on the site's assessment:

up to 1 million rubles - 3,000 RUB + 0.4% of the declared value;
from 1 million rubles up to 10 million rubles - 7,000 RUB + 0.2% of the cost in excess of 1 million rubles;
more than 10 million - 25,000 rubles + 0.1% of the cost in excess of 10 million rubles; but if there is a house on the site, the tariff cannot exceed 100,000 rubles.

For the certification of the consent of the spouse when donating land that is jointly owned, the tariff is 100 rubles.

In addition to the tariff for the certification of the transaction, it may be necessary to pay for other services rendered by the notary, for example, the drafting of the contract by the notary. The fee for such services is set by the notary himself.

Learn about drawing up a donation agreement from the video.

Conditions for a deed of land and the procedure for its registration

The text of the dedication should contain:

surnames, first names, patronymics, addresses and passport details of the parties;
cadastral number, location and area of the site;
a house or other buildings located on the site must also be listed in the contract;
if the land is encumbered with easements (that is, other persons can use it to a limited extent - for example, for passage, or electrical or other networks pass through the site), they must be listed in the contract; if the site has other encumbrances (for example, mortgaged) - they must also be indicated in the contract.

The agreement may indicate that the donation takes place between close relatives (the agreement will be valid without this indication, but it will simplify the decision on the issue of taxes).

Donation is free of charge, and the contract cannot include any reciprocal obligations of the donee - otherwise it will become invalid.

The donation must meet the requirements for registering real estate:

complete data on the parties to the contract and on the site must be provided;
it must be clearly indicated that it is the donation that is being made;
no corrections in the text are allowed;
you cannot write the contract in pencil.

The gift certificate is issued in 3 copies. And one copy remains with the parties, and the third copy is transferred to Rosreestr.

Registration of a land donation agreement

Starting from 03/01/2013, not the gift itself is registered, but the property right that arises from the donee. Registration is carried out by the regional branch of Rosreestr.

The following are submitted for registration:

- application for state registration of ownership (one copy);

gift (3 copies);
a receipt for payment of the state duty or a certificate from the social security authorities that the parties to the contract are poor;
documents defining the ownership of the site;
the consent of the other spouse, certified by a notary, if the land (or the buildings located on it) is the joint property of the spouses;
permission for a transaction from the guardianship and trusteeship authority, if the party to the contract is a minor or incompetent;
when a representative acts on behalf of a party by power of attorney - a power of attorney issued to him and certified by a notary.

All documents, except for the application and the contract, are submitted in duplicate. After registration, the first copy (original) is returned to its owner.

When submitting documents to Rosreestr, you must also have your passports with you.

Registration includes:

acceptance of an application and other documents from the person receiving the right to the site;
legal examination of documents and verification of the rights to the site, including the rights of third parties;
making a record of ownership in the register;
a mark on the submitted documents about the registration and the issuance of a certificate to the donee.

Rosreestr registers rights to land within 10 working (not calendar!) Days from the day when the documents are accepted by the registrar. If the gift is certified by a notary, this period is reduced to 3 days (Article 13 of Federal Law No. 122-FZ of 21.07.1997) - since a legal check of the validity of the transaction is not required.

Donation of land plots between relatives

The law (clause 18 1 of article 217 of the Tax Code of the Russian Federation) recognizes as close relatives:

children (both relatives and adopted children);
parents;
spouses;
grandchildren;
grandfather and grandmother;
brothers and sisters.

The law does not provide for any specific features of the donation agreement for close relatives, except that a gift from a close relative is not subject to income tax. Accordingly, it is not required to declare it to the tax office.

Donation of land plots in 2020 by ZK and GK

In Russian law, property rights differ:

on a land plot;
on buildings located on the site.

In this case, two different cases are possible:

the buildings belong to the owner of the land;
the land plot belongs to one owner, but the buildings on it belong to another person.

If the land and buildings on it are owned by the same person, these buildings and structures must be included in the donation agreement, since Art. 35 of the Labor Code of the Russian Federation does not allow the transfer of a land plot without houses and other structures located on it, just as a building can be alienated only together with the land on which it is located. Therefore, the donation for the site must include the buildings on it.

When giving is prohibited

if the recipient of the gift has committed a dangerous crime against the donor himself or close relatives of the donor: attempted their lives or caused them bodily harm;
in case of improper treatment of the donee with a gift that has intangible value for the donor, which threatens his irrevocable loss;
if the donee dies before the donor - but this must be clearly stated in the deed.

Not only the donor, but also other persons, in particular:

in case of bankruptcy of an individual entrepreneur - his creditors, if the donation was made within six months before bankruptcy;
guardianship and trusteeship body, if the donation violates the rights of a minor.

There are two ways to cancel a deed:

the recipient refuses to accept the gift;

This type of legal relationship between close relatives, as the donation of real estate, is necessarily regulated by law. The conclusion of a donation agreement for a house and a land plot between relatives, a sample of which for 2020 was drawn up in accordance with legal requirements and norms, is sometimes accompanied by some nuances.

Also, a sample and a deed of gift for 2020 can be downloaded for free on the website.

Legal nuances of drafting a contract

The legal framework for donating property is determined by the provisions of the Civil, Land, Tax and Family Code of the Russian Federation. If we are talking about the donation of a land plot or its share, it is a land plot with certain boundaries, location, established area and legal status. These characteristics must be registered without fail, and the data recorded in the relevant documents.

A donation agreement for a residential building and a land plot (or its share), in accordance with legal requirements, must be drawn up in writing. In such a document, also known as a deed of gift, all the features of the procedure are indicated. Agreements concluded after March 1, 2013 are not subject to mandatory registration by Rosreestr authorities. Only the transfer of ownership of immovable property is registered. It is obligatory to draw up and certify by signatures of the parties two copies of the document, which are originals. One sample remains with the donor, the second is given to the donee.

Read also Is it possible to donate your share of the inheritance

Before concluding a transaction, professional lawyers verify the authenticity of all accompanying documents, and also establish the fact that there are no tax debts on the allotment and other encumbrances. According to the information received after such a check, a decision is made to conclude a contract or refuse.

The legislation has established a number of cases in which the conclusion of a deed of gift is impossible. The categories of citizens who cannot donate property include:

minors;
incompetent;
citizens or their close relatives who are supported by medical, educational, educational organizations;
municipal and civil servants (if the conclusion of the contract is associated with official duties).

You can donate a land plot or its share using a power of attorney. In this case, the personal presence of the donor is not necessary. But the law establishes a mandatory indication in the power of attorney about the identity of the donor and information about the subject of donation, the absence of which leads to the recognition of the document as having no legal force.

Process features

The main characteristic of a transaction between close relatives, the subject of which is the donation of a residential building and a land plot or its share, is the voluntary alienation of property by the donor in favor of the donee. If the donation spells out the reciprocal obligations of the person who accepts the property as a gift, or specifies the condition for the entry into ownership after the death of the donor, such an agreement is invalid.

The deed can be canceled if the fact of deliberate harm to the life and health of the donor to the person to whom the allotment is transferred is recorded. The donation agreement in the event of the murder of the donor by the person indicated in the donation as the donee is also subject to challenge.

A feature of real estate donated is that the site becomes the property of only the one to whom it was donated, which means that it is not subject to division in case of divorce.

The donation of an allotment or its share is not taxed if the transaction is carried out between close relatives. Otherwise, the tax will be 13% of the price of the donated property.

Read also What can be the subject of a donation agreement?

The legislation provides for the possibility of donating a plot of land or its share to a child who has not reached the age of majority, subject to the consent and signature of the persons who are the parents, guardians or trustees of the donee.

If not the entire allotment is donated, but its shares, then you must first create a boundary plan of the site. This procedure is carried out by geodetic institutions with the consent of all persons (written form) who have ownership of this piece of land. After the division and clarification of the objects located on the territory of the corresponding share, the donation must necessarily indicate which part of the allotment the donee receives the rights to.

Characteristics of the donation procedure

A written form is required for a deed of gift. The document must necessarily contain the following information:

information about the parties to the transaction and passport data;
characteristics of the property to be donated, which includes data on the location, purpose, cadastral number and the presence of buildings available on the territory of the allotment;
details of the documents certifying the donor's ownership of the specified immovable property;
data on the authenticity of securities and the absence of encumbrances on the transaction.

In order to avoid challenging the authenticity of the donation, you can also indicate in the document the fact of confirmation of the legal capacity of the person making the donation. Also, competent experts advise to prescribe in the document a clause in which it is indicated that in the event of the death of the person who accepts the property as a gift, the contract is invalidated and the ownership is returned to the donor.

collection of all necessary related documents;
drawing up a contract in accordance with specific individual circumstances;
registration of the document by the relevant authorities of Rosreestr.

The package of papers required for the conclusion and registration of an agreement between relatives who are close includes the following documents:

statements by participants, their authorized representatives;
a receipt confirming the fact of payment for services to conclude an agreement;
identity documents (passports);
appropriate powers of attorney if the interests of the parties are represented by other persons;
papers on the fact of adoption, guardianship or guardianship, if the property is donated to a young child or an incapacitated person;
originals and notarized copies of papers certifying ownership of the property to be donated;
notarized original and copy of the cadastral map of the land plot;
data verification of the authenticity of accompanying documents and the absence of debts and encumbrances on the transaction;
consent of one of the spouses to donate their joint property (written form).

Usually, close people prefer to transfer property free of charge. In order to simplify the conclusion of the transaction, the law allows land donation agreement between relatives in 2020. By drawing up the document, the parties will be able to change the owner of the property without paying a fee. In a number of situations, you can avoid paying tax to the state treasury. The land donation agreement must be drawn up correctly.

The donor and the donee are obliged to be guided by the provisions of the current legislation. Papers, executed with violations, can subsequently be challenged.

Therefore, it is necessary to familiarize yourself in advance with the rules for issuing a donation. So, not all property owners have the right to transfer it to another person. If the donor is incompetent or a minor, such a transaction will subsequently be invalidated. There are also a number of additional restrictions. We will talk further about how to properly draw up a deed of land, what documents will be required to conclude an agreement, and in what cases it is necessary to pay taxes.

The conclusion of the land donation transaction begins with the execution of the contract. It is drawn up in writing and signed by the donor and the donee. The gift must contain a number of obligatory information. Their absence will lead to the recognition of the paper as invalid. In the contract, you need to describe in detail the subject of donation.

In the case of a land plot, you will need to specify the following data:

the name of the property to be donated;
location of the land plot;
category of land;
cadastral number;
availability of permission to use;
land area.

Additionally, the deed must indicate the presence of encumbrances, the rights and obligations of the parties, as well as other restrictions. If the text of the deed is missing the required clauses, it will be invalidated. To make a donation, you do not need to draw up an act of acceptance and transfer of land.

The parties have the right to reflect additional clauses in the agreement. In the deed, you can indicate the validity of the document, the rights of the heirs and other features.

If additional items are missing, this will not be a reason for refusing registration. Documenting paper yourself can be problematic. Experts recommend using a ready-made form. You can download a sample agreement for donating a land plot between relatives on the Internet.

Preparation of a donation

If the owner of the land wants to transfer the property free of charge to relatives, a package of documents will need to be prepared. The list is regulated by the current legislation of the Russian Federation.

The parties will have to provide:

Completed application. The paper is drawn up by each of the participants in the procedure. The donor indicates that he wants to transfer the land free of charge. The donee claims to accept the gift.
A receipt confirming payment of the state duty. The original and a copy of the document are provided.
Passports of the participants in the procedure.
Donation agreement. If the parties independently draw up an agreement, you can prepare three copies of the paper. If a notary is involved in the procedure, an additional copy will be required.
Papers confirming the existence of land rights. A copy must be provided along with the original. Specialists can independently request data from Rosreestr.
The consent of the guardianship authorities, if one of the parties to the transaction is a child. The document is provided in 2 copies.
The permission of the donor's spouse if the plot is joint property. The paper is presented in the form of an original and a copy.

Land rights can be transferred to both a close relative and another citizen. The law does not establish restrictions. However, there are a number of conditions that serve as the basis for invalidating the transaction.

Download a sample agreement of donation of a land plot between relatives:

The concluded agreement is recognized as such in the following situations:

real estate is donated to a commercial organization;
the donor is a child under the age of 14, or a person declared incapacitated;
persons working in government organizations who accept property as a gift from a ward, client or visitor;
the donor is a person who does not have permission to turn over the land.

If there is a capital structure on the site, you cannot donate only land. The property is donated together with the building. The parties participating in the transaction must be personally present during the execution of the contract. If this is not possible, the law allows the transfer of authority to a representative. For this, a power of attorney is drawn up.

Registration of donation of a land plot

When the gift of land between close relatives is drawn up, and the package of documents is prepared, you can proceed directly to the procedure for registering the transaction. To do this, you need to contact Rosreestr or the MFC. You must have a prepared documentation package with you. If the papers are provided in the required quantity, they will be accepted for consideration.

The analysis procedure takes 10 days. When the term ends, authorized specialists will register the transfer of ownership or temporarily suspend the registration process.

If the registration process has been suspended, participants have the right to correct their mistakes and reapply to Rosreestr. The maximum stop period is one month. At the initiative of the donor, the period can be extended by another 3 months. If the parties do not have time to correct the documentation in due time, they will be refused to re-register their property rights. To avoid wasting time, it is recommended to get legal advice or download a ready-made sample of a land donation agreement.

Peculiarities of taxation upon donation

If the donation of land is carried out, you will need to pay a tax to the state treasury. If relatives are involved, the fee can be avoided. The privileges are provided only to persons who are close relatives.

In accordance with article 14 of the Family Code of the Russian Federation, these are:

brothers and sisters;
husband and wife;
parents and children;
Grandmothers and grandfathers.

Incomplete or adopted children, as well as adoptive parents, are also recognized as close relatives. Persons entitled to donate land on preferential terms will only have to pay a state fee. Its size in 2020 is 2,000 rubles. Additionally, it is necessary to make money for the transfer of land rights. The amount is 350 rubles. The need for the above payments is regulated by the Tax Code of the Russian Federation.

If the payment of the state fee has not been made, the documentation will be returned to the applicant within ten days. The donation will not be considered.

If the parties to the transaction are not close relatives, you will need to pay tax. Its size is 13% of the value of the donated land. If a person does not know how to draw up a standard contract, it is recommended to use a ready-made template as an example of filling out.

Consequences of donating land

When the land registration is completed, the former owner loses the right to a garden, summer cottage or other plot. The donee becomes the owner of the property. However, the current legislation of the Russian Federation contains a number of conditions under which the transaction can be canceled. The donor himself has the right to challenge the conclusion of the agreement. His requirements can be satisfied if the financial situation and health of the citizen has deteriorated significantly.

The deal can only be challenged in court. The claim will need to be supplemented with documentation confirming the correctness of the applicant.

The Civil Code of the Russian Federation fixes additional conditions under which the transaction is canceled. A similar decision is made if the contract was signed under physical or moral pressure, or the plot with the house as a result of the donee's actions came to a state of disrepair. This decision is made depending on the individual characteristics of the current situation.

In practice, the deed is drawn up quite often. However, property is often in shared ownership. A citizen has the right to donate only his share. All other property owners must agree to take the action. Written authorization will need to be attached to the list of documentation. It must be written by all property owners.

Land co-owners have the priority right to redeem their shares. Before you issue a deed of gift, you will need to notify other property owners about the planned action, and then wait 30 days.

The period is given in order for them to issue a refusal to buy out property in gardening. If the answer is not received within the specified time, it is considered that the other owners have refused to buy the land. The notification of the transfer of property as a gift must be drawn up in writing, and then handed over personally to the other owners of the site or sent by registered mail with a description of the content. If a person submits documents on his own, it is worth demanding to put a mark that citizens have read the paper and studied its contents. If a person is the sole owner of a plot, he has the right to donate the property in full or transfer only a share in it. The documents must be executed correctly. To know how to draw up papers correctly, and what form of document to use, it is recommended to study the provisions of the Civil Code of the Russian Federation. If only part of the property is transferred, the donation agreement is drawn up in accordance with the classical rules. However, the parties will have to additionally indicate the size of the transferred share, its area and location of the site.

One of the options for transferring a land plot to relatives is to sign a donation agreement. This transaction has a number of specific features that make it possible to change the owner as simply as possible, but at the same time, it requires taking into account some of the nuances that may affect further relationships.

Features of donation between relatives

Donation involves the transfer of certain property by one person to another person on a gratuitous basis, for example, a land plot. In this case, the donee receives, from the point of view of legislation, income that is taxable at a rate of thirteen percent. However, this requirement does not apply to donations between close relatives. According to the rules of law, close relatives include:

Spouses;
Parents;
Children;
Brothers and sisters;
Grandparents;
Grandchildren.

Incomplete kinship is allowed, for example, half-siblings. When drawing up a donation agreement, you can specifically indicate in it the relationship between the parties to the transaction, which will allow you to avoid further questions from the tax authorities.

It should also be remembered that a donation agreement is the only way to transfer your share in a common shared property without the consent of other owners. This is especially true when not very favorable relations have developed between the owners.

Sample land donation agreement 2016-2017

The donation contract must be concluded in writing. There is no need to certify it with a notary if a land plot is donated that is wholly owned by the donor. In case of donation of a share in shared ownership, the gift must be certified by a notary.

The gift must contain the following information:

FULL NAME. each of the parties;
Data on the transferred site: cadastral number, its area, location, etc.
Link to documentary evidence of the donor's ownership of the site;
If there are certain encumbrances, they must be specified in the contract.

Also, the parties can indicate in the contract the cost of the site, in which case it makes sense to indicate not the market, but the cadastral, since.

The agreement must be drawn up in three copies: to each party and for the state registration authorities. The act of acceptance and transfer, which necessarily provides for either the purchase and sale, in this case is optional, the parties can independently decide whether it is needed or not.

A donation agreement cannot contain conditions that limit the transfer of a land plot as a gift. Since the transaction is free of charge, the parties have limited mutual rights and obligations. The donor must transfer the land plot free of charge, and the donee must accept it without any conditions. If the donee does not agree to accept the gift, the donation is not concluded.

The gift deed comes into force from the moment of state registration of the transaction in the manner prescribed by law. A donation agreement signed by the parties that has not passed state registration is invalid and does not give rise to a transfer of ownership. In practice, situations often arise when the parties have entered into an agreement and believe that the transaction has taken place and the person who received the land as a gift uses it at his own discretion, but from the point of view of land legislation there is no transaction, the donee actually uses someone else's property.

Advice: the law does not establish the time period when the donation agreement must be submitted for state registration, but there is no need to delay it, and the point here is not only that the transaction is not considered concluded without registration, but also in possible changes in legislation that will entail the need to redo the gift.

Donation of a land plot to a relative - documents in 2016-2017

To draw up a donation agreement, the parties will need to prepare a number of documents. The donor needs:

Passport;
Certificate of ownership of the land plot;
Documents of title, for example, a sales contract;
Cadastral plan.

The donee will only need a passport, sometimes lawyers and notaries ask for written consent to accept the gift, however, most experts agree that such a document is not needed, since the signing of the donation agreement by the donee is actually consent to accept the gift.

On the basis of these documents, a donation agreement is drawn up. This can be done by any lawyer, notary or parties on their own using the sample.

When the donation is issued, the parties need to sign it and submit the following package of documents to the Rosreestr authorities:

Gift agreement in 3 copies;
Passports of each of the parties;
Application for the transfer of ownership;
Receipt of payment of state duty;
Title documents for the land plot;
Notarial consent of the second spouse - if the land plot is joint property;
Resolution of the guardianship authorities - if the donor is a minor.

To register a transaction in Rosreestr, the presence of the donor and the donee or their representatives, who have a notarized power of attorney with the authority to register transactions with real estate, is required.

The transaction registration period cannot exceed thirty days from the day following the day of submission of the package of documents for the transaction. In the case of submission of a notarized donation agreement, the registration period is reduced by an average of two times.

Consequences of dedication

After the state registration of the donation agreement, the donor loses all rights to the donated land plot, and the donee becomes its owner. The legislation provides for the possibility of canceling a gift only if, after this transaction, the donor has a significant deterioration in health or financial situation. For example, a grandfather, suffering from a serious pulmonary disease, lived in a suburban area, which he gave to his grandson, and is now forced to live in the city. As a result, his condition worsened, as, according to the testimony of doctors, he needed fresh air. This basis makes it possible to cancel the donation. In this case, the Civil Code of the Russian Federation provides for the undisputed right of the donor to terminate the donation agreement. In practice, however, such termination is not complete without litigation. In addition, through the court, you can terminate the deed of gift in the event of:

The attempted assassination of the donor or his close relatives;
The donee significantly worsens the condition of the donated land plot.

In life, the second situation is most common, for example, a donee on a land plot intended for agricultural production and which is a highly productive arable land, erects residential buildings with a purpose. Often the misuse of land plots is associated with the buildings located on it. For example, the donee can lease out a land plot, and, for example, a cowshed, will provide for the placement of a car repair shop in it and on the adjacent territory.

In turn, the donor is responsible for the harm caused to the life and health of the donee as a result of the lack of land that arose before the signing of the deed. The only exceptions are those shortcomings that were known to the parties and reflected either in the contract or in the act of transfer and acceptance.

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Donation is a great option to transfer your land to loved ones with minimal hassle. To conclude it, you do not even need to know what the USRR is or the procedure for determining the cadastral value, it is enough to contact a lawyer or notary who will do everything necessary. The advantage of this transaction is the minimum cost in terms of time and money. Expenses here will be required only for the services of a lawyer or notary, as well as payment of state fees. The new owner is not required to pay tax on the land received, since donations between relatives are not taxed, regardless of how much the land is worth.

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