Specifics and subtleties of drawing up a gift agreement for a garage

Selling a garage is not a very troublesome matter, but, nevertheless, this will require freeing up personal time and, in accordance with current legislation, paying the costs of the transaction. Many people seek to enter into transactions of this kind among themselves free of charge.

A garage donation agreement will help you transfer real estate without making a payment. And in order for the transaction to go through without any pitfalls, it is necessary to know all the intricacies of such procedures, violation of which can lead to the transaction being recognized as illegally executed.

Therefore, we suggest that you understand in advance all the nuances of drawing up a gift agreement.

Is it possible to donate a garage using a deed of gift?

Donation of a garage by deed of gift is permitted. A parking space, a separate standing building or a room located under or in a residential building are also donated, if there are title documents.

The transaction must meet the following requirements:

1. The donor has the right to own the garage.
2. Together with the garage, the land plot where it is located also becomes the property of the donee. Donating two objects separately is unacceptable.
3. Absence of a counter condition for the transfer of money.
4. You cannot give real estate with the condition that the right passes after death - inheritance rules apply.
5. Donation is not allowed under the condition of the donor's lifelong maintenance by the donee - in this situation, annuity standards are relevant.

You can draw up a gift agreement for a garage in the future, where the property will become the property on a specific date or after the occurrence of a certain event: the recipient’s wedding, graduation from university, etc.

According to Art. 130 of the Civil Code of the Russian Federation, a garage is recognized as real estate, and on the basis of Art. 574 of the Civil Code of the Russian Federation, the deed of gift is drawn up in writing, and the transfer of rights is subject to state registration. The recipient has the right to refuse the gift.

Briefly: you can donate a garage, but you need to draw up a written agreement and re-register ownership in Rosreestr. A conditional transaction is not allowed; it is completely free of charge.

Complete the survey and a lawyer will share a plan of action for a gift agreement in your case for free.

Nuances of the procedure

A garage donation agreement is, so to speak, a “convenient” document that allows you to transfer real estate with minimal overpayments for re-registration. And if the parties decide to resort to this particular type of transfer of ownership rights, then they need to go through a number of simple, but very responsible procedures.

I would like to immediately note that transactions of this kind are carried out mainly between relatives.

In order to transfer real estate to a close relative free of charge, several steps must be completed.

Preparation of a package of documents

Example of a gift agreement.
The list of required documentation may vary, depending on the specifics of each individual case. Experts recommend first contacting a lawyer or notary for advice and clarifying with him all the points of interest and pitfalls that you may encounter in the process of re-registration of documents.

Drawing up a contractual agreement

The document form contains the entire list of information that you should definitely read before putting your signature on the contract. The number of copies of the agreement depends on the number of persons involved in the transaction.

Registration of the transaction in the Rosreestr database

To re-register ownership rights to a garage received as a gift, you must have certain documents and a signed contractual agreement with you. The time for re-registration and entering data into the Russian Real Estate Register database is regulated by the legislative framework and is 10 days.

At the end of the specified period, the person into whose name the garage is transferred under the gift agreement receives documents confirming the fact of the transfer of ownership rights to the property. And it is at this moment that he can already be considered the legal owner of the property, and the previous owner is completely deprived of the right to dispose of it.

An agreement on the gratuitous transfer of the right to own property can also be notarized. However, this procedure is not mandatory, but at the same time its organization minimizes the likelihood that in the future one of the parties will be able to challenge the legality of the transaction.

Who can I give a garage to?

You can give a garage to anyone - the donor chooses the recipient, because... this is a voluntary transaction. But everywhere has its own characteristics.

Son or daughter

If the donor has children and the garage was purchased during an official marriage, the consent of the spouse must be taken and certified by a notary. Property purchased during marriage is recognized as common property, and alienation is possible only with his permission (Article 35 of the RF IC).

If the garage was purchased before marriage or received by inheritance or gift, consent is not required - the property is recognized as the sole property of the spouse (Article 36 of the RF IC).

Note! Permission will not be needed if a marriage contract is drawn up between the spouses, where the property acquired during the marriage belongs to the donor spouse.

For a minor child

To transfer a gift to a minor child, the consent of parents or legal representatives will be required. Children over 14 years old sign the documents themselves and go together with the donors to register the transaction. The participation of children under 14 years of age is not necessary - instead, all signatures are signed by one of the parents.

Unlike the alienation of a minor’s property, donating a garage to him does not require the participation of the guardianship authorities, so there is no need to obtain permission from them.

Grandson or granddaughter

Grandparents can give real estate to their grandchildren. If they are under 18 years of age, the rules described above for minor children apply. If the garage was purchased during marriage, you need to take the notarized consent of the spouse.

Grandchildren who have reached the age of 18 participate in the transaction independently.

Giving to spouses

If one spouse gives property to another, notarized consent to the transaction is not required - it is confirmed by the parties at the time of signing the gift agreement (hereinafter referred to as the DD).

Legal advice: think carefully before registering a DD. Property acquired during marriage under a deed of gift is not subject to division during divorce, because is the sole property of the spouse. We will have to cancel the DD (which is problematic), and then divide it through the court or by agreement.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

Close relatives

In this case, relatives should be understood as other people: aunts, uncles, brothers, sisters.

They can also be given garages and other real estate, observing the rules established for transactions with minors and cases of alienation of jointly acquired property by spouses.

To a friend or acquaintance

General rules apply for gifts to friends. If a friend is over 18 years old, it is enough to draw up a DD and register the change of owner in Rosreestr.

Briefly: you can give a garage to anyone. If the donee has not reached the age of majority, the consent of his parents will be required. Permission from the guardianship authorities is not required.

How to correctly draw up an apartment donation agreement?

How to correctly draw up a gift agreement between spouses? Legal advice

How to close the deal in 2021

In 2021, Russians have the opportunity to donate a garage that is part of their property in one of two ways:

1. contact a notary to draw up a gift agreement;
2. conclude a deed of gift independently, without involving a specialist, by preparing all the necessary documents and registering the transaction with Rosreestr.

As you understand, the first option is suitable for sellers who want to save as much as possible. However, we note that it is quite difficult for people who do not have certain experience in this area of ​​law to control its legality, which often becomes the reason for the cancellation of the contract. Therefore, we recommend, at a minimum, that you seek help from our free lawyers, telling them the whole situation and receiving important recommendations.

Question to the website “Legal Ambulance”:

I heard that when donating a garage in 2021, you need to submit documents to the tax office. This is true?

Lawyer's answer:

No. This is completely unnecessary. By submitting documents to the MFC or directly to Rosreestr, you can count on the employees of these organizations to independently send the necessary data to the tax service.

Another method is an excellent option for those who do not want to bother studying the laws , but want to have guarantees that the terms of the transaction will not be violated. Just contact any notary, pay the required amount and be sure of the transparency and legality of the deed of gift.

At the same time, the garage donation transaction in question, according to existing legislation, does not require mandatory notarization and in order for the agreement to have legal force, you only need to correctly draw up its contents and confirm the signature of each of the parties, confirming acceptance of the conditions set out in it.

ARTICLE RECOMMENDED FOR YOU:

Form of gift agreement: oral, simple written, notarial

Who has the right to act as a donor?

Donation of real estate is possible only by an adult and legally capable citizen. If the garage belongs to a child under 184 years of age, any transactions are prohibited.

If the owner has limited legal capacity, a guardian acts on his behalf, but with the permission of the guardianship authorities. The likelihood of it being processed is low.

Briefly: the donor has the right to be a citizen over 18 years of age, to whom the garage belongs as property. Donation on behalf of children by parents is possible with the consent of the guardianship authorities, and it is difficult to obtain.

Are you tired of reading? We’ll tell you over the phone and answer your questions.

Parties to the transaction

Both people who have reached the age of 18 and those who are considered children have the right to be parties to the transaction.
Children over the age of 14 can personally accept property as a gift if their legal representatives (parents, adoptive parents or guardians) give their consent. If the child is under 14 years old, representatives can fully act on his behalf, signing documents and re-registering property without the participation of the minor. Article 575 of the Civil Code of the Russian Federation establishes restrictions regarding the ban on gift transactions.

Among them, those that relate to the parties to the agreement cannot be:

1. Incapacitated or limited in capacity persons (also people suffering from mental illness, in a coma or under anesthesia, taking strong medications).
2. Official representatives of minor children (if the donation comes from these children).
3. Civil servants and municipal employees.
4. Employees of institutions in which persons participating in the donation are educated, treated, or have guardians.
5. Commercial and trade organizations.

It is the easiest way to give a garage between close relatives, and you can transfer it into ownership to another person; the law does not impose restrictions on this. If the planned transaction does not fall under prohibitions and restrictions, you need to understand its progress.

Registration of a deed of gift for a garage

A correctly carried out donation procedure allows you to avoid the subsequent cancellation of the transaction, so you need to consider its stages. This begins with the preparation of a package of documents for the transferred object, and also includes the drawing up of an agreement and the official registration of ownership of the party accepting the gift.

Collection of papers

Before making a donation transaction, you need to make sure that you have documents for the garage.

The owner acting as a donor must have:

1. Cadastral passport - it is issued for each property that is allowed to be used.
2. Construction permit - before the construction of a capital facility, its creator had to obtain this document.
3. Ownership documents - the owner must indicate the donor there.
4. The commissioning certificate is a confirmation that the structure complies with established standards.
5. A document confirming the legal receipt of the garage (sale and purchase agreement, exchange, donation, etc.).
6. Papers confirming full payment of membership fees (when placing a garage space in a cooperative).
7. BTI certificate stating the price of the garage.

Where to draw up a gift deed?

To get an idea of ​​the cost of the deed of gift, check out the prices depending on the method of issuing it.

If you draw up a gift agreement yourself, for obvious reasons you do not need to pay - just pay the state fee when registering with Rosreestr.

Notary

A notary is needed only in two situations:

• a share of a garage with several owners is given;
• the owner of the property is a minor.

In the above cases, notarization of the gift agreement is required. It is not necessary to obtain the consent of the other owners for the donation.

If the garage was purchased during marriage and is alienated in favor of a third party (child, relative, friend), you will need a notarized permission from the spouse.

For notarization of the DD you will have to pay 0.5% of the cadastral value of the garage, but not less than 300 and not more than 20,000 rubles. (Article 333.24 of the Tax Code of the Russian Federation).

The cost of certification of the spouse’s consent is 500 rubles.

Let's look at the example of calculating all amounts:

The garage costs 1,000,000 rubles and is donated under the DD. Bought by the donor during marriage, i.e. your wife's consent will be required.

1,000,000 x 0.5% = 5,000 rubles. – fee for DD certificate.

5,000 + 500 = 5,500 rub. – general expenses, provided that the deed of gift is drawn up independently. If the parties turn to a notary for registration services, expenses will increase to 10,000-15,000 rubles.

Important! Prices for drawing up contracts by notaries are determined by regional notary chambers. They are usually significantly higher than those of lawyers. But if you contact a notary, he can transfer documents for registration on his own - the service is provided free of charge from 2021.

MFC

The MFC employs lawyers who draw up contracts. You have the right to contact them and immediately register the gift deed. Their services cost 2,000-5,000 rubles.

Lawyers

Contacting lawyers from other organizations is the best option: they are interested in high-quality and competent drafting of contracts for clients.

Lawyers' services are cheaper: on average, deeds of gift cost 2,000-3,000 rubles. If you wish, you can order the registration of the transfer of rights from a human rights activist, and he will do everything himself, using a power of attorney.

How much will you have to pay to register a gift deed?

Online resource of Rosreestr.
Executing a gift agreement between close relatives comes down to the following financial expenses:

1. Notarial services. One of the parties will need to pay for consultations and technical services of a lawyer. In most cases, the amount of this expense item is 0.5% of the value of the transaction object. The minimum payment for this expense item is 300 rubles, and the maximum is 20 thousand rubles. But as for the cost of a notary consultation, each specialist has his own “price tag,” so to speak, which he sets at his personal discretion.
2. Government duty. Paid for state registration. As of today, its amount is 500 rubles, and the obligation to pay the state duty falls on the shoulders of the donor.
3. Registration of the transaction. The costs fall on the shoulders of the donee - 2,000 rubles for the re-registration of the property itself and 350 rubles for the land plot on which it is located.
4. Income tax. Its value is 13% of the price of the transaction object. When a contractual agreement on a free basis is concluded between relatives, neither party pays this type of tax.

How to issue a deed of gift for a garage: step-by-step instructions

The transaction process consists of four steps. Let's look at everything in detail.

Step 1: collecting and preparing documents

The donor prepares the documents, because they are with him.

To register a DD for a garage you will need:

Step 2: registration and certification of DD

The deed of gift is drawn up independently, by a notary or by lawyers.

Notarization will be required when alienating a share in property, or when making a transaction on behalf of a minor.

Sample contract

The deed of gift for the garage must contain information about:

• Full name, registration addresses, passport details, dates of birth of the parties to the transaction - the donor and the donee;
• address, area, cadastral number of the land plot where the garage is built;
• area and location of the facility;
• intentions to donate a garage to the recipient free of charge;
• date of entry into force of the DD.

Signatures of the parties are required. The DD is drawn up in triplicate.

Sample garage donation agreement:

Consultation on document preparation

Step 3: submitting documents to Rosreestr

Documents can be submitted to Rosreestr through the MFC - it’s easier. Both parties must appear to serve. It is recommended to make an appointment in advance.

The list of documents is listed above, but you will also need the contract itself.

State duty

Registration of rights to a garage costs 2,000 rubles. Additionally you need to pay 350 rubles. for re-registration of rights to the land plot where it is located.

Step 4: obtaining an extract from the Unified State Register of Real Estate

10 days after the application, the MFC specialist will issue an extract from the Unified State Register, where the donee will be indicated as the owner. The deed of gift is returned with a note about registration.

What is a deed of gift?

A garage donation agreement, a sample of which can be found freely available on the Internet, must be drawn up exclusively in writing. In turn, there is no specific type of paper filling in the legislation.

In practice, there are a number of mandatory information required to be filled out in the deed of gift:

• Name;
• date and place of drawing up the contract;
• information about the parties to the transaction;
• rights and obligations of parties to a contractual agreement;
• conditions for the transfer of property rights;
• data regulating the date of entry into force of the agreement;
• information about representatives of the parties who can legally represent their interests;
• information about at whose expense the costs required for re-registration of documentation will be paid;
• signatures of the parties to the agreement;
• list of attached certificates and documents.

If the donor decides to draw up a deed of gift on his own, without resorting to the help of specialists, then it is better to do it according to the model. If the parties do not want to notarize the agreement, it is enough to prepare 3 copies of the deed of gift.

One copy is given to the registrar, and the other two copies are given to the donor and the recipient. If the agreement is drawn up by a notary, you will need another copy of the agreement, which will be kept in the notary’s office. It should be understood that all copies of the deed of gift have the same legal force.

Taxation

Receiving ownership of any object is recognized as profit, for which you need to pay personal income tax - 13% of the cadastral value. The payment deadline is July 15. The declaration must be submitted by April 30.

Close relatives of donors are exempt from paying tax: brothers, sisters, parents, children, grandparents. But you will still have to bring a declaration and a document confirming the relationship.

This can be done in person at the Federal Tax Service at the location of the property, or through the taxpayer’s personal account on the official website of the department.

How to donate a share in a garage

According to the current legislation of the Russian Federation, the donating party has the right to dispose of its property at its own discretion, including donating a share of the garage, and not the entire property. At the same time, the donor can give several such shares to several persons at once.

Question to a specialist:

The neighbor says that my grandson will also have to pay taxes on the garage that he inherited from my husband - his grandfather. Is it so?

Answer:

If you mean personal income tax, that is, tax on individuals, then the recipient party, which is a close relative, is completely exempt from paying it. At the same time, the grandson will still have to pay a fee established by the state when registering the transfer of ownership of the garage to him.

The process of registering a deed of gift in this case will remain completely similar to the procedures described above and its only difference will be that in the content of the deed of gift the donor will need to indicate the fact that not the entire garage is being donated, but part of it (with the obligatory indication of each transferred shares).

Cancellation of deed of gift

Cancellation of a gift agreement is permitted on the grounds specified in Art. 578 Civil Code of the Russian Federation:

• commission by the donee of a deliberate crime against the life and health of the donor;
• careless handling of property, entailing the threat of irretrievable loss;
• death of the donee, if the possibility of cancellation by the donor is indicated in the DD.

The donor's heirs have the right to cancel the transaction in the event of intentional murder by the donee. Also, the right of cancellation belongs to creditors: property transactions completed six months before a citizen applies to an arbitration court with a bankruptcy petition are canceled at their request.

Arbitrage practice

The practice of canceling a donation is varied, and usually the courts satisfy the claims of plaintiffs who have presented comprehensive evidence of the circumstances specified in Art. 578 Civil Code of the Russian Federation.

Case study:

A woman gave a garage gift to her son. After registering the transaction, he inflicted moderate bodily harm on her. The beatings were removed and a police report was filed. The donor decided to challenge the deed of gift and went to court, presenting a medical report and certificates from the police department.

The claim was satisfied and the transaction was cancelled. After entry into force, a copy of the decision is sent to Rosreestr to re-register ownership of the donor.

Cancellation algorithm

The garage donation agreement is canceled before registration with Rosreestr. The desire of the giver or recipient is enough. The donor may refuse to donate the object (garage), and the recipient may refuse to accept the gift. After registration, only invalidation of the deed of gift is available by challenging it. The contract can only be challenged in court. The donor or a third party has the right to file a claim if his rights are violated. That is, a third party can file a claim, for example, the spouse or heir of the donor, who receives the rights to the subject of the gift.

The procedure for declaring a deed of gift invalid and its cancellation is regulated by the Civil Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation. Grounds for claim:

• incapacity of the parties;
• compulsion;
• misrepresentation;
• pretense of the transaction;
• harm to the donor (family members) to the recipient;
• violation of the contract form;
• procedural errors when signing a deed of gift.

You cannot cancel a gift if the donor simply changes his mind. Also, receiving a gift does not oblige the donee to provide any kind of service or assistance to the donor, such as annuity.

How to fill

The donation agreement for a garage must be in writing. According to the law, this applies to all objects whose value exceeds five minimum wages. Naturally, a garage costs more. Therefore, the transfer of ownership of this object must occur with the preparation of a document in writing and its registration in the State Chamber.

The person to whom the gift is made does not bear any responsibilities regarding the subject or procedure of the transaction. All these responsibilities are automatically assigned to the donor. The agreement itself comes into force immediately after signing. If there is a need to transfer ownership of the garage after some time, then you can simply indicate the date in the document.

There are certain categories of citizens who do not have the right to donate any property such as a garage. These include official representatives of incapacitated (including minors) citizens, civil servants, and employees of social institutions (if the contract includes residents of this institution). Such measures were provided for in the legislation in order to avoid falsifications and illegal seizure of property from citizens who, for one reason or another, cannot adequately express their will.

After collecting the documents, you can begin writing the deed of gift. The gift agreement includes several mandatory clauses.

First, the date and place of the agreement are indicated. Then the data of the donor and the recipient (full name and passport information) is entered. Next, indicate the area of ​​the property and its address. The next step is to indicate the documents that prove the donor’s right to own the property.

Then the cost of the garage is indicated according to the BTI estimate. Next, mandatory text forms are prescribed (such as “I am familiar with the contents of such and such articles of the law”, “the parties confirm that they are legally capable”, and the like). At the end, the parties put their signatures. Notarization is not required for the deed of gift.

The gift agreement itself does not require registration with the Chamber. The transfer of ownership of real estate must be registered. To carry out this procedure, you will need a basic set of documents (passport, garage documents, application for registration, deed of gift itself).

In addition, you need to obtain consent to the transaction from the spouse of the donor. You must first pay the state fee. During the procedure, you will need to pay tax. Its size depends on the value of the garage (tax on personal income in case of donation of property is 13%). The garage can also be transferred upon sale or purchase.

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Sample agreement for donating a garage between relatives 2021 free download form

Agreement

garage donation

City ____________________

________________20____

We, gr. RF ____________________________, __ ____________ 19__ year of birth, passport of a citizen of the Russian Federation _______ _________, issued by the PASSPORT OFFICE No. _ Department of Internal Affairs _____________________ Department of Internal Affairs of the Higher Administrative District of the CITY OF MOSCOW, __ ________ 200_, department code ________, registered at the address: Moscow city, street ___________ house _, apartment ___ , hereinafter referred to as the “Donor”, ​​on the one hand,

and gr. RF _________________________________________, __

_______ 19__ year of birth, passport of a citizen of the Russian Federation ______ _________, issued by ____________________________ OUFMS OF RUSSIA FOR THE CITY OF MOSCOW IN EAD __ _________ 20__, division code ________, registered at the address: Moscow city, street ________________ house __, apartment __, hereinafter referred to as “Done” , on the other hand, have entered into this agreement for the donation of an apartment as follows:

1. I, gr. __________________________, donated, _____________________________, garage with a total area of ​​________________ sq. m. m., located at the address: _________________, st.____________________, building _____, building ___ (hereinafter referred to as the “Garage”).

2. The said Garage belongs to me, gr. ___________________________, by right of ownership, as confirmed by the _________________________ district of the city ____________ dated “__” _____________ 20___ N ______.

Costs for registration of deed of gift

The State budget is replenished from tax revenues from profits for the execution of all kinds of transactions, and therefore the process of drawing up a gift agreement cannot be done without them. The cost of the gift can be calculated based on the following costs:

• Issuance of paid certificates. Many institutions offer to speed up the process of obtaining documents by paying for them, and some services initially require payment;
• Payment for notary services. There is a state duty, which directly depends on the cost of the garage;
• Income tax equal to thirteen percent of the garage cost calculated by the BTI;
• Payment of tax to the Federal Migration Service.

According to the Civil Code, all costs must be borne by the recipient or his guardians (if the recipient is a minor). However, it is possible that the donor may, of his own free will, bear all the costs.

Cancellation of the donation procedure

Either party can appeal or cancel the gift agreement by first going to court. The grounds for cancellation of the contract at the initiative of the donor are:

1. An attempt by the recipient to harm the health of the donor.
2. Attempt on the life of the donor.
3. The death of the donee before the donor.
4. Deterioration of the financial situation of the donor.

A citizen who accepts property as a gift can refuse it at any time, citing his refusal to accept the object as a gift.

The decision to cancel the deed of gift is made by the court.

Drawing up a gift agreement is a widespread practice in Russia. With its help, you can transfer property to any person: both a close relative and a stranger. When completing such a transaction, you need to be extremely careful and careful to avoid possible negative consequences.