Deed of gift for a dacha: how to draw up, pros and cons of a land donation agreement between close relatives, documents and cost

The transfer of ownership as a result of the donation of a dacha, in accordance with Article 572 of the Civil Code of the Russian Federation, involves the conclusion of an appropriate agreement, in which the object of the donation is this real estate. At the same time, the main feature of the deed of gift related to civil transactions is its complete gratuitousness, which implies the absence of payment when transferring property from one owner to another.

Let us immediately note that the current legislation of the Russian Federation does not contain a clear definition of the term “dacha” and this object, as a rule, is understood as a non-residential, but suitable for habitation (not necessarily) premises located outside a large populated area, the main purpose of which is the opportunity its owner to spend some time during the warm season.

Most often, a dacha consists of 2 completely independent real estate objects:

land plot;
residential and non-residential buildings located on a summer cottage.

And, therefore, transferring, for example, a country house and buildings by deed of gift without transferring ownership of the land plot is impossible and contradicts the letter of the law (according to Article 35 of the Land Code of the Russian Federation)!

To legally conclude a transaction, the gift agreement must also necessarily reflect the will of the recipient and the giving party. That is, the donor must express in writing his desire to transfer the property, and the recipient must confirm his desire to accept the gift by signing.

As a result of the execution of the transaction, any obligations related to the procedure for transferring the dacha can only arise from the owner (donor), since the deed of gift refers to unilaterally binding transactions.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

During the preparation and signing of the contract, both parties must strictly follow the rules and regulations of the current legislation of Russia, which relate to the subjective composition of the transaction (Article 575 of the Civil Code of the Russian Federation), as well as the rights of owners (only in cases where the object being donated is part of the general property, as specified in Article 576 of the Civil Code of the Russian Federation)!

Since a dacha is defined as real estate, the transfer of ownership from the donor to the donee must be officially registered, in accordance with Article 131 of the Civil Code of the Russian Federation. In addition, according to the rules for its implementation, described in Article 13 of Federal Law No. 122, which was adopted on July 21, 1997, this agreement must be drawn up in writing.

Also, it is worth noting the fact that a deed of gift as a method of alienation of real estate significantly expands the rights of the parties. For example, a transaction can be canceled at the request of both the donor and the donee before signing the agreement (in accordance with Articles 573 and 577 of the Civil Code of the Russian Federation). In addition, the donor has the opportunity to cancel it after signing the deed of gift, but only on the basis of the list specified in Article 578 of the Civil Code of the Russian Federation.

Remember that when receiving a dacha as a gift, the new owner actually receives income that is equal to the market value of the gift. At the same time, he does not spend his own funds on the acquisition of property, which is the basis for taxation, the amount of which in 2021 is 13% of personal income tax.

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Concepts and definitions

A deed of gift drawn up for a summer cottage is distinguished by many of its features, but fundamentally it is exactly the same as any other similar transaction.

Registration of a deed of gift or gift agreement provides for the transfer of certain property from one citizen to another, and this transaction will be carried out absolutely free of charge and without the need to fulfill certain conditions.

This is a fairly important factor in which this document differs from the vast majority of similar agreements such as a will or a lifelong maintenance agreement.

It is often customary to draw up deeds of gift exclusively between close relatives, despite the fact that current legislation provides for the possibility of participation in such transactions by any persons, even if one of them is a representative of another state.

Since in this case we are talking not only about certain real estate, but also the land plot on which it is located, certain rules for disposing of such property must be observed.

First of all, it is worth noting the fact that only adult citizens recognized as fully capable can act as donors. It is possible for minor children to formalize such an agreement, but only if permission is granted from their parents and the guardianship council.

The latter body, in the vast majority of cases, agrees to conduct such transactions only if their implementation does not affect the child’s living conditions for the worse.

Sample contract for the donation of a dacha

Moment of registration

The contract is drawn up in several stages. During preparation, it is necessary to agree on all the conditions that are essential when making a transaction. This refers to the subject of the agreement, which is a material value.

The subject may include both real estate and movable categories. In this case, apartments, houses, and dachas are considered immovable.

When donating a dacha, state registration of rights is mandatory. To do this, you need to have certain documents available.

These include:

an application drawn up from both parties to register rights to the new owner;
a receipt confirming payment of the state duty and a copy thereof;
identification documents of the parties;
deed of gift project;
act of acceptance and transfer of real estate;
cadastral passport for a country house (if available);
legal documents (civil contracts);
certificate from the Bureau of Technical Inventory.

After the documents have been prepared, it is possible to conclude an agreement and register the dacha. The papers are submitted to the Registration Chamber.

The data is verified by agency staff. Their compliance with the law is noted. If everything is in order, the contract can be registered. In this case, a note about the new owner will be made in the register of rights to real estate. After this, the donee can rightfully consider the dacha his property.

Legislative aspect

In accordance with current legislation, donation is an absolutely gratuitous transaction in which at least two parties participate, one of whom acts as the recipient, and the second as the donor of the specified real estate.

Like any property transactions the subject of which is real estate, a deed of gift must be drawn up in full compliance with the requirements established by current legislation. In particular, based on the provisions of Article 574 of the Civil Code, the deed of gift must be executed in simple written form.
Article 574. Form of gift agreement

The key condition that must be observed in the process of registering a deed of gift for a summer cottage is that the donor has all the necessary title documentation for the property in question. In this case, ownership of not only the real estate is confirmed, but also the land plot on which it stands.

In addition, the transaction must be absolutely free and unconditional, that is, in the process of drawing up the contract there is no provision for the possibility of specifying any counter conditions from the donor, and the transaction can only be recognized if the donee agrees to accept the land plot in his favor .

In the process of drawing up a gift agreement, it is possible to specify the conditions under which ownership of the land plot will be transferred to a third party only in the future.

Do not forget that a deed of gift in itself cannot be equated to a will, since it automatically ceases to be valid in the event of the death of the donor, regardless of the circumstances. In this regard, it is, in principle, impossible to indicate the condition under which a citizen will receive property after the death of the donor.

On the basis of a formalized deed of gift, not the entire land plot as a whole can be transferred, but only a certain share of it.

The key advantage of registering a deed of gift is that it is not at all necessary to obtain consent to provide a share in such property from other owners, and the only exception in this case are only those situations when the dacha belongs to the category of jointly acquired property in marriage, and under this condition already You will need to obtain written consent from your spouse to conduct the transaction.

Sample act of acceptance and transfer of land

You can issue a deed of gift for a dacha at the MFC if you have all the title documents.

Read here how to register the purchase and sale of a summer house with a plot of land.

General Features

An agreement on the transfer of rights to a summer cottage plot is drawn up on the basis of the norms of the Civil Code of the Russian Federation. Unlike a purchase and sale agreement, it has a gratuitous basis. Therefore, a gift can only be transferred unilaterally, without making demands on the recipient.

If it is indicated that there is a need to transfer any other property in exchange, an exchange agreement is drawn up.

There are some features of the dacha donation agreement:

It is done free of charge.
The property cannot be transferred immediately. The document specifies the deadline for transfer.
The agreement is drawn up in writing and registered with Rosreestr. Changes are made within 10–30 days.
If the donee refuses the gift, the contract is considered terminated.

A person can only give a gift directly himself. If the agreement states that the dacha passes into the ownership of another person after the death of the donor, then the agreement is considered a will, not a gift.

It is allowed to donate both the whole object and its part. If there are several donees, the object can be divided into shares, as indicated in the agreement.

If there are several recipients of the gift, then the following is required:

determination of shares;
setting boundaries;
drawing up a boundary plan.

The document is supported by the signatures of all parties to the agreement. It is important to meet certain conditions for it to be considered valid.

It is impossible to donate a dacha if:

registering a minor citizen or an incapacitated person as a donor;
transferring a gift to medical, social workers, and educational specialists when they provide services to a person;
donating a dacha to a civil servant, employee of a credit institution, or official;
registration of a gift from one commercial organization to another.

If an agreement is signed with a minor, the presence of his representative (guardian or parent) is required, and if the recipient refuses the gift, the agreement may be terminated

In this case, a number of important conditions are met:

obligations subject to release are restored;
requirements for the person accepting the gift are canceled;
the object of donation is returned to the previous copyright holder;
When selling a dacha, before the return is made, the donee pays the cost of the property in full.

The contract can be canceled if certain circumstances occur.

These include:

careless attitude towards the dacha, leading to the risk of loss;
illegal actions applied to the donor and creating a threat to his life and health;
death of the donor before the transfer of ownership.

Donation procedure

The procedure itself occurs according to the algorithm:

Collecting documents, choosing a method for drawing up a deed of gift and agreeing on a time for the parties to meet with a notary (if the notarial form is chosen). If you do it yourself, you will save money, but there is a high probability of filling out the contract form inaccurately and making other significant mistakes. Contacting a notary will entail additional expenses.
Registration of the transaction in Rosreestr by personal visit to the territorial office or through the MFC. In the absence of these bodies, their functions are assigned to the local administration.
Receiving an official response from Rosreestr. If registration of the transfer of ownership is refused, a document containing written justification is issued.

Do I need a notary?

When drawing up an agreement, both parties must agree to contact a notary.

Remember: it is not necessary to certify the document, but it makes sense if the parties want to receive guarantees.

Purposes of contacting a notary:

Error-free preparation of the donation document.
Obtaining a seal on the contract to confirm its validity.
Minimizing the risks of going to court in the event of disputes.

The notary does all the work himself. He only requires the parties to provide documents and information about the summer cottage, as well as identification documents of the parties. State registration is also carried out by the notary himself.

Below are the costs for his services:

Payment for services is a process of influencing the parties and drawing up an agreement.
Cost of fees and registration.
Income tax.

Transaction participants

The Civil Code of the Russian Federation specifies a number of restrictions regarding the parties to the transaction. Thus, , as well as their representatives,
cannot act as a donor The legislation also defines the circle of persons, or rather, positions that cannot be donee (in order to avoid corruption):

civil servants;
employees of educational and medical institutions;
representatives of social security authorities.

Of course, we are talking about cases where the donors are their visitors or clients.

When a house or apartment is transferred to a child under 14 years of age, the parents (guardians) sign the agreement. A teenager from 14 to 18 puts his signature along with his parents (trustees). Instead of incapacitated persons, their guardians sign.

Is it possible to give a dacha

Despite the great popularity of transactions with dachas, Russian law does not contain the concept of “dacha” . However, there is the concept of a residential building, which is located on a site intended for gardening. From the point of view of the law, a garden house located on the lands of the DNT (dacha non-profit partnership) is also considered a dacha.

You can donate any real estate, including a dacha . Since any dacha is real estate, rights to it arise after registration with Rosreestr. Therefore, it is possible to formalize the donation of a dacha only when the rights to it are registered. Otherwise there will be nothing to give.

It is impossible to give a dacha separately from the plot where it is located . To use any real estate, you need land, so no buildings are transferred separately from the land. According to the law, it is impossible for a house to belong to one person, and the land on which it stands to another.

Important! Before drawing up a gift agreement, the donor is recommended to make sure that the title documents for the property are available. If the dacha is not registered, you can only donate a plot of land under the dacha.

Essential terms of the donation transaction

The parties to the transaction are the donor and the donee. The first is subject to certain requirements: he must be legally capable and of legal age. Of course, only someone who is the owner of either the whole house or part of it can donate a dacha.

In some cases, donation on behalf of a child is permitted. However, subject to obtaining consent to this from his legal representatives and the guardianship authority. The transaction will take place if after it the minor’s living conditions do not worsen.

The main requirement for the text of the agreement itself is a detailed indication of what property is a gift. If the contract does not contain such information, it may be considered void. So, when donating a dacha, the agreement includes the following information about it:

its area;
exact address, that is, location;
specifications;
presence of outbuildings.

Other required information includes:

personal data of both parties to the transaction (full name, series and number of passport, residential address);
information about the document on the basis of which the dacha is considered property belonging to the donor;
confirmation of the absence of encumbrances on the house (arrest, mortgage, pledge);
information about the legal capacity of the parties to the agreement;
signatures and date of conclusion of the transaction.

Do I need to have the deed of gift certified by a notary?

The gift agreement is always drawn up in writing. Notarization is not mandatory when preparing a deed of gift. Is it worth contacting a notary office?

To prepare the agreement, the donor provides documents. A notary will draw up the deed of gift, and he will accompany the agreement until the rights to own the property are registered. In addition, notary offices provide the following services to transaction participants:

protection of the client’s property rights on behalf of the state;
professional evaluation of the deed of gift, insertion of references, mandatory items;
identification, verification of the cleanliness of each participant;
possibility of obtaining a duplicate deed of gift.

The decision to contact a notary office is made by both parties. All parties to the agreement come to the notary with their passports and a package of documents. The agreement is drawn up in 4 copies: two documents for the participants, the third for the notary, and the fourth for registration.

What documents are needed

To draw up a deed of gift, as well as register the fact of transfer of ownership of real estate to the donee, you will need to collect the following list of documents:

civil passport of each party to the agreement;
documents for the transferred property;
a completed cadastral passport;
technical passport for the country house, as well as various outbuildings located on its territory;
deed of gift for a summer cottage;
the act on the basis of which the procedure for transferring the country house to the donee was carried out;
an application indicating a request for state registration of the transfer of ownership of the dacha plot;
a document that confirms the presence of family ties between the parties to the transaction.

Article 576. Restrictions on donation

Procedure for registering a deed of gift

The process of registering the transfer of rights to a donated dacha includes the following steps:

collecting documents, contacting a notary or drawing up an agreement yourself;
a visit to the RosReestr branch with an agreement and a package of documentation (you can register the transfer of rights at the MFC or at the regional branch of the Federal Reserve System);
a government agency employee accepts documents, assigns a serial number to the application, sets a day for a return visit, a response is prepared within 10-30 business days;
re-application to the registration authority to obtain an extract confirming the fact of transfer of property. If registration is refused, the applicant will receive a sheet with a list of comments.

The general period for registering rights to real estate is 7 working days. When submitting documentation through the MFC, the processing time is extended by 2 working days.

To formalize the transfer of rights, the donor prepares: a deed of gift, participants’ passports, an extract from the Unified Register, a certificate of ownership, a cadastral plan, a registration certificate, a tax payment receipt and other papers. The legal entity participating in the transaction provides an extract from the Unified State Register of Legal Entities.

The notary certifying the transaction will require a cadastral passport of the property, an extract from the house register, and an explication. Based on the documents provided, the notary will calculate the payment for services.

Pros and cons of giving

One of the obvious advantages of a gift between close relatives is the right of the parties to the transaction not to pay tax on a gift for a dacha. Therefore, donation is considered one of the most popular ways of transferring property among relatives. With this method of transferring rights, it turns out that neither party to the agreement pays taxes.

The second advantage of receiving a dacha as a gift is that the property acquired in this way is not subject to division in the event of a divorce. Even if the dacha is acquired by one of the spouses during the marriage, but under a gift agreement, this property is considered personal property and is subsequently not subject to division between the spouses. This is how families often protect the interests of their children after the latter get married.

The obligation to donate a dacha (if this obligation is formalized correctly) in the event of the death of the donor passes to his heirs . If during his lifetime the donor clearly expressed his intention to donate the dacha and secured it in a written agreement, his heirs do not have the right to refuse to complete this transaction. The only exception is if the agreement itself states that the gift agreement is terminated in the event of the death of the donor.

Gift deed for a dacha between close relatives

A deed of gift for a dacha between close relatives is drawn up according to general rules. No specific features arise due to the fact that the parties are close relatives of each other. If it is certified by a notary, then the state fee for certification is paid at a reduced rate. In addition, there is no tax on gifts between close relatives.

Thus, the agreement for donating a dacha can be drawn up in simple written form by the parties to the transaction or certified by a notary. The costs of compiling it will always vary. After registration, the deed of gift for the dacha is presented together with other documents to register ownership. Tax is not paid only in case of transfer of a gift in favor of a close relative.

Design methods

There are two ways to complete the transaction: yourself or with the help of a notary. Each method has its own advantages and disadvantages. To make it easier to choose which one is best to use, you should consider each in more detail.

Independent registration of deed of gift

A deed of gift for any type of property can be drawn up independently in writing. The same applies to donating a dacha. To complete a transaction, both parties involved in it draw up and fill out the document independently. But before you do this, you should study the standard form of the contract.

Mandatory items that must be included in the deed of gift are:

passport details, full name, residential address and other information about the donor and recipient;
information about the dacha and land plot. The document should indicate the address of the location of the residential property, its area and number of floors, and the characteristic features of the land plot on which the building is located. If the contract lacks the necessary data or is incorrect, the transaction will be considered void and cancelled.
the date of transfer of ownership rights, if they are not planned to be transferred in the near future. The gift agreement may contain a promise to transfer the dacha and plot in the future;
signatures of the parties to the transaction.

It is very important to fill out the document without errors and indicate all the required information. In order for all property characteristics and information about the donor and recipient to be indicated in accordance with the requirements, it is necessary to prepare a package of documents in advance (sample)

This package of documents consists of:

Technical passport of the dacha;
Cadastral plan of the plot of land on which the house is located;
Certificates of state registration of ownership rights to the donor's dacha;
A title document confirming the property rights of the donor.

The correctness of the specified data in general documents and the gift agreement itself is the main factor in the legitimacy of the transaction.

After the deed of gift has been signed, the procedure for registering the donee’s proprietary rights to the donated real estate should be carried out.

To do this you should:

contact the registration organization at the location of the summer cottage;
fill out an application for registration and submit a complete package of documents; After an employee of the organization receives the documents, he will issue a receipt and inform the date and time when the donor will be able to pick up the completed certificate.
pay the state fee for the registration procedure;
on the date set by the employee of the organization, come with a receipt and receive your documents along with the finished certificate.

The registration procedure may be refused if an incomplete package of documents is provided or if there are any legal violations. The refusal is always supported by a reasoned conclusion, drawn up in writing.

Specialist comment Alexey ShadrinLawyerAsk a question to an expertIf the donee is not a close relative of the donor, then he will need to pay a tax fee in the amount of 13% of the value of the property. This rule does not apply to close relatives.

Registration of a transaction with the help of a notary

If the donor and the donee decide to resort to the help of a notary, then the specialist will help them draw up a contract for donating a dacha, taking into account all the legal requirements for the document. It is not necessary to contact a notary, but many still do this in order to eliminate errors when drawing up the document and to obtain guarantees that the deed of gift will be undeniable in court. The specialist is engaged in drawing up the contract independently. For this purpose, he asks the parties to the transaction to provide him with documents for land and country house construction, as well as passports of the donor and the donee. The notary independently carries out state registration of the gift deed.

When contacting a notary, the parties to the transaction will incur additional costs in the form of:

payment for specialist services;
state fees for notarization of the contract;
state fees for registration of property rights, which should be transferred to the notary so that he can pay it at the request of the registering organization;
property tax if the donor and donee are not closely related.

Comment from an expertLeonov VictorLawyerAsk a question to an expertFrom everything described above, it becomes clear that the notarization of a gift deed will require significant costs from the parties to the transaction, but they are fully justified, since they make the document legitimate and practically undeniable.

How to draw up a deed of donation of a dacha?

To formalize a dacha donation agreement, the parties have two ways:

do it yourself and draw up an agreement in simple written form;
contact a notary.

Each method has its pros and cons. To understand how best to proceed in the specific case of registering a deed of gift for a dacha, let’s consider both options.

Self-registration

A donation agreement for any property can be drawn up in simple written form. So the deed of gift for a dacha can be drawn up by the parties independently. To do this, you can familiarize yourself with the standard form of the document. The mandatory clauses that the parties must include in the dacha donation agreement are:

data of the donor and recipient. For each of them, you must indicate your full name, residential address, and passport details;
information about the subject of the donation. It is necessary to indicate the address or location of the dacha, area, number of floors, characteristics of the plot of land on which it is located. The absence of correct and comprehensive information about the subject of the gift makes the contract automatically void;
date of transfer of the gift, if it is not planned immediately. A gift deed may contain a promise to transfer the gift in the future;
signatures of the donee and the donor.

In order to ensure that all the characteristics of the property and the data of the parties to the transaction are indicated correctly, it is necessary to prepare the following documents in advance:

technical passport of the dacha;
cadastral plan of the land on which it stands;
passports of the donor and recipient;
certificate of state registration of the donor's right to the dacha;
a document of title according to which the dacha is the property of the donor.

Contacting the MFC and other registration methods

The provisions of the Civil Code providing for mandatory registration of a completed real estate donation agreement are not currently in effect. The registration procedure is carried out simultaneously with the recording of the transfer of ownership rights to the transferred property to the new person.

To register the transfer of ownership rights, the parties to the transaction will need to contact the territorial office of Rosreestr or submit all the necessary documents with the help of authorized employees of the multifunctional center.

To carry out this procedure, you will need the following package of documents:

a receipt confirming payment of the state fee provided for the provision of registration services;
civil passport of each party;
an application drawn up by the donor to confirm the alienation of property rights and the subsequent issuance of a new certificate;
deed of gift, executed in triplicate;
title documentation for the property in question;
cadastral passport issued for the transferred land plot;
power of attorney issued to a representative;
the consent of the spouse to carry out this transaction;
permission granted by the guardianship authorities if a minor citizen takes part in the transaction.

Documents for registration

The list of required documents is presented below:

Certificate of receipt of inheritance, transaction of purchase/sale of property and other title papers.
Providing a contract where there is mutual consent of two persons.
Certificate of state registration of property.
Technical passport of the house (if available).
Identification documents of both persons.
Power of attorney, if the transaction is carried out through a representative of the parties.
Receipt for payment of state duty.
Application for state registration.
Detailed plan of a summer cottage. It is issued by the cadastral service.
Certificate from BTI departments.

Cost of the procedure

The cost of drawing up a gift agreement between relatives and those citizens who do not have family ties depends on several factors - tax, state duty, and the involvement of outside lawyers.

The service of professional registration of a turnkey deed of gift is now offered by many organizations operating in the legal field.

In the vast majority of cases, such services are used by citizens who have free finances, and at the same time suffer from a lack of free time to carry out all registration activities. The cost of such services often ranges from 5,000 to 10,000 rubles.

If the transaction is executed through a notary, you will additionally need to pay a certain amount of state duty, the amount of which will directly depend on the registered estimated value of the donated object. You will also need to pay a standard state fee, the amount of which is 1,000 rubles.

Special attention should be paid to the fact that current legislation provides for the need to pay tax when conducting a gift transaction, the amount of which is 13% of the estimated value of the object in question. However, payment of this tax is carried out only if the parties are not close relatives.

Independent execution of the contract

Violation of the written form of the transaction will not allow you to go through the state registration procedure, which means the donee will not be able to become the owner of the dacha plot.

Therefore, to complete the transaction, the parties must prepare a deed of gift. You can compose it yourself. It is important that the document contains the following information:

date and place of its signing;
Full name of each party to the transaction and details of their passports;
a detailed description of the dacha plot, allowing it to be identified, namely, its address, area, category, cadastral number;
list and characteristics of all buildings on the site;
encumbrances, if any;
estimated value of the property (if desired);
obligations of the parties to the agreement;
settlement of disputes;
degree of relationship with reference to the relevant document (if a contract of donation of a summer cottage is concluded between relatives)

The contract may stipulate other conditions that comply with current legislation.

Do I have to pay tax on the gift of a summer house?

Payment of personal income tax when receiving property as a gift is provided for in two cases:

the recipient citizens of the Russian Federation are not related to the donor by blood, therefore, they are obliged to pay 13% of the cadastral value of the real estate (Article 208 of the Tax Code of the Russian Federation);
recipients who are foreign citizens or persons without registration must pay 30% of the cadastral value of the property.

Close relatives of the donor are exempt from paying tax (Article 217 of the Tax Code of the Russian Federation). Such relatives include parents, children, grandchildren, grandparents, siblings (Article 14 of the RF IC).

Tax

According to the legislation of the Russian Federation, taxation is applied to gifted property at a rate of 13% of the assessed value of the dacha for residents, and 30% for non-residents of the country.

Tax payment is also provided in two cases:

if both persons are not relatives;
the parties are distant relatives (nephew, aunt, cousin, etc.).

Are exempt from tax if:

The persons are members of the same family (husband - wife, son, daughter).
Parties are close or close relatives (brothers, sisters, grandmothers, grandchildren).

Thus, donating expensive property may require large expenses on the part of the recipient. Example: a dacha costs 1 million rubles. and is given free of charge by the aunt to the nephew. How much will the latter have to contribute to the treasury? As much as 130 thousand rubles. Moreover, it will not be possible to underestimate the value of the house in the donation in order to minimize the tax. If the price is 20% lower than the market price, such a transaction will be considered invalid.

Often, in order to avoid paying tax, two parties enter into a purchase and sale transaction instead of a deed of gift. It is important to be able to choose the right person with whom to enter into a gift agreement.

A deed of gift is the best way to give land to your loved one, because he does not have to pay tax.

Is it possible to challenge a deed of gift?

Cancellation of a deed of gift if there are disagreements between the parties is a problematic task. By mutual agreement, they can cancel the transaction before the transfer of the gift by formalizing an agreement with the DD.

Contestation is usually required if it is necessary to cancel the DD unilaterally.

This is possible for one of several reasons (Article 578 of the Civil Code of the Russian Federation):

causing harm to the health and life of the donor or his relatives by the recipient;
dishonest attitude towards the donated property, entailing the risk of irretrievable loss if the gift is of non-property value to the former owner;
intentional murder of the donor by the donee (disputed by the heirs);
signing a DD under the influence of delusion, threats, blackmail, violent actions on the part of the donee.

The creditors of the donor conducting business activities can also cancel the transaction if it was completed 6 months before the citizen was declared bankrupt by decision of the arbitration court.

Arbitrage practice

It is difficult to challenge a deed of gift, but with good legal support, the chances of a positive result increase, and this is confirmed by several decisions made in favor of the plaintiffs:

Decision No. 2-55/2019 2-55/2019(2-775/2018;)~M-675/2018 2-775/2018 M-675/2018 dated June 17, 2021 in case No. 2-55/2019 ;
Decision No. 2-44/2019 2-500/2018 dated June 28, 2021 in case No. 2-44/2019;
Decision No. 2-768/2019 2-768/2019~M-272/2019 M-272/2019 dated June 28, 2021 in case No. 2-768/2019.

Important! If the court revokes the deed of gift, the defendant undertakes to return the gift to the plaintiff in its original form. If the gift cannot be delivered, you will have to compensate for its cost.

To whom can you give a dacha and how many recipients can there be?

You can draw up a deed of gift for a dacha for any person . But if we are talking about gifts to close relatives, it is necessary to clarify who these are from the point of view of the law. According to Article 14 of the Family Code of the Russian Federation, close relatives and family members are:

spouses, parents and children;
adoptive parents and adopted children;
grandparents and grandchildren;
brothers and sisters.

Read on our website:
Procedure for registering a deed of gift for a minor
Where and how can you check an apartment for encumbrances?
How can you remove an encumbrance from an apartment?

A donor can give a dacha to several close relatives , for example, when parents give a gift to their children. In this case, you can draw up one contract or several. One agreement is drawn up on behalf of the donors (if they are both owners of the dacha) in the name of their children. You can draw up a contract for each child separately.

If there are several donees, it is recommended to establish shares in the right to property in the contract for each person. If the agreement does not indicate shares, it is assumed that the property goes into common joint ownership. In the future, owners can allocate their shares independently.

If the dacha belongs to two or more donors , donation is permitted, but only with their mutual consent. The consent is drawn up by a notary. If the donor has a spouse, when donating a dacha or plot of land, it is required to obtain their consent to the donation. The spouse's consent is also drawn up by a notary. A gift agreement concluded without the consent of other owners or spouses is considered invalid, and rights under it will not be registered.

Attention! Legal representatives of minors (under 14 years of age) and incapacitated citizens do not have the right to donate real estate on their behalf.

Features of donating a garden plot along with a house

If there is a donation of a garden plot with the simultaneous transfer of a house located on such a plot to the recipient of the gift, then the relevant agreement must indicate this. In particular, all buildings transferred to the donee (both residential and auxiliary) should be listed.

It is important to include the following points in the contract:

indicate the address and area of the site, as well as the address, area, number of floors, year of construction of the house;
list the documents confirming that both components of the gift belong to the donor (this could be a sales contract, a document accepting an inheritance, etc., as well as documents on ownership indicating their series, number and year of issue);
indicate data on the registration of the donor's ownership of the house and plot (place of registration, registration authority, numbers of registration entries in the Unified State Register of Rights to Real Estate and Transactions with It).

The relevant agreement can stipulate the grounds for returning the gift and the procedure for transferring the components of the gift. You can also fix the procedure for incurring those expenses that are associated with the transfer of ownership to the new owner.

The donation of a plot of land without alienation to the recipient of the gift of the buildings that are on it is illegal. According to Art. 35 of the Land Code of the Russian Federation, the alienation of land without the transfer of buildings located on it is not allowed. However, it should be borne in mind that this rule only applies if the site and the buildings on it belong to the same person.

Difficulties often arise with so-called unauthorized buildings, which were erected without obtaining the appropriate permit. Such buildings, as a rule, are formalized by the donor in court before the act of alienation is completed with preliminary approval from representatives of the sanitary and epidemiological supervision, fire service, architecture and urban planning services.

In addition, it is important to obtain the written consent of the neighbors in the gardening partnership to register unauthorized buildings. All specified documents should be attached to the statement of claim for recognition of ownership of unauthorized buildings. Donation can be made only after a positive court decision on such a claim.

If a garden plot is given as a gift along with a house, it is extremely important whether the land is owned or leased. In the case where the land plot is leased, it is impossible to donate it.

Property transferred as a gift must not be encumbered (mortgaged, seized, leased, etc.). The future owner must be warned about any encumbrance in advance, because all possible encumbrances will be transferred to him under the transaction.

Possibility of succession.
When a gift is made orally, the very fact of transferring the gift from the donor to the grandson is sufficient; when it is written, the agreement must have the following structure:

name of the transaction;
date and place of its conclusion;
names of the parties and their details - full name, passport details, registration and residence addresses;
subject of the contract;
information about the object of the donation;
rights and obligations of the parties;
special conditions;
final provisions;
signatures of the parties.

Donating an apartment to grandchildren Having residential premises in their ownership, grandparents, for a number of reasons, do not want to leave this property to their children, but want to pass it on to their grandchildren.

But a notary can be convenient because:

certifying the contract, the notary will check its legality, correctness of execution, rights of the parties and other necessary conditions;
a notary can not only certify an agreement, but also draw it up correctly;
the notary is liable (materially) for damage caused by his incorrect actions;
If the deed of gift is notarized, then the registration of property rights under it occurs much faster.

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

Important According to Art. st

208, 217 of the Tax Code, when receiving real estate as a gift, the recipient becomes obligated to pay 13% income tax.

Since the dacha is a real estate property, personal income tax, calculated from the market value of the gift, is subject to mandatory payment. However, the provisions of clause 18.1 of Art. 217 of the Tax Code, the legislator determined that income received as a gift from close relatives and family members is exempt from taxation.

Drawing up and signing a gift agreement. The draft agreement can be drawn up by a notary (recommended) or independently

When making your own, it is important to take into account the requirements of the law regarding the content - the need to specify the gift, its description, an indication of the donor’s intentions, recording the data of title documents, etc. It is important to remember that the contract, along with the transfer of buildings, must transfer certain rights to the land plot

After drawing up the project, the parties sign an agreement. Transfer of the gift. This stage is implemented in the manner prescribed by the provisions of the contract (conditions, method and timing of transfer).

The proper subject composition of the gift. Moreover, if the grandson is a minor, then a legal representative participates in the transaction on his behalf.
Maintaining form. Donations can be made either orally or in writing. Its execution in notarial form is not mandatory.

A completed sample agreement for the donation of a land plot with a house with attached documents is sent to the Rosreestr office for registration. There is no fee for registering the agreement, but the transfer of ownership is subject to a fee equal to two thousand rubles for individuals. Registration takes place within a period not exceeding 11 working days.

It is worth noting that the donee is exempt from paying tax only in the case of a close family connection with the donor.

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These include connections:

Between husband and wife;
Between parents and children, including between adopted children and their adoptive parents;
Between grandparents and their grandchildren;
Between full and half-sisters and brothers.

If the parties do not have these connections, then the donee is obliged to pay a tax in the amount of 13% of the value of the plot and house to transfer ownership rights to him.

Before state registration, the parties can contact a notary to certify the agreement, but this procedure is not mandatory. You can also contact a notary for assistance in drawing up an agreement if the parties do not understand certain points.

Thus, the general expenditure plan for donating land will consist of the following parameters:

Fee for registering the transfer of ownership. It is 2000 rubles, obligatory in all cases;
Payment of income tax by the donee. Equal to 13% of the total cost of buildings and land. Required if the donee is not a close relative of the donor;
Fee for notarization if the parties wish to carry out this certification.

Additional expenses and payments cannot be stipulated in the gift agreement, unlike lease and sale agreements.

Until registration is completed and until the complete transfer of ownership into the possession of the donee, he has the right to refuse the gift. The refusal is made in writing and implies the possibility of the donor demanding compensation for the losses that were caused by this refusal.

Dear readers, the information in this article may be out of date. If you want to find out how to solve your particular problem, call:

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AGREEMENT OF DONATION of land

Village . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . district of the Moscow region... . . . . . . . . . . . . . . two thousand and ten.

We, the undersigned citizens of the Russian Federation (hereinafter referred to as the Parties):. . . . . . . . . . . . . . . . . . enter the name of the donor. . . . . . . . . . . ., floor . . . . . . . . ., (hereinafter referred to as the Donor),

Passport details:

passport no. . . . . . . . . ., issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., date of issue . . . . . . . . . . . . . . . . year, department code. . . . — . . . .;
Date of Birth . . . . . . . . . . . . 19. . of the year;
Place of Birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;
location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . enter the name of the donee. . . . . . . . . . . ., floor . . . . . . . . ., (hereinafter referred to as the donee),

1. . . . . . . . . . . . . . . . . . . enter the name of the donor. . . . . . . . . . . . transfers ownership free of charge, and . . . . . . . . . . . . . . . . . enter the name of the donee. . . . . . . . . . . . accepts a gift of land located at: . . . . . . . . . . . . . . region, . . . . . . . . . . . . . . area, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., gardening non-profit partnership." . . . . . . . . . . . ", site no. . . (...No. in words...).

Data on the alienated land plot:

The cadastral number of the land plot is . . . . . . . . . . . . . . . . . . . .;
Square - . . . . . (. . . . area in words . . . .) square meters;
Category of land of the alienated site - agricultural land;
The purpose of using the land is gardening.

last names, first names, patronymics, addresses and passport details of the parties;
cadastral number, location and area of the plot;
the house or other buildings located on the site must also be listed in the contract;
if the land is burdened 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 agreement; if the site has other encumbrances (for example, mortgaged) - they must also be indicated in the contract.

It is possible to draw up a deed of gift for a house and land both between relatives and persons without family ties. At the same time, concluding gratuitous unilateral transactions is not allowed between legal entities, as well as in favor of officials (medical workers, municipal employees, etc.).
Ownership rights to the house and land must be properly registered. It is impossible to transfer a non-privatized house and land, since there is no object of donation - there is no property for alienation. Therefore, before concluding an agreement, all buildings must be legalized through the privatization procedure (the donor can take advantage of preferential conditions under the dacha amnesty) or through the courts.
If the land and house are owned by the donor, they cannot be alienated separately, i.e. the donor cannot transfer the land and leave the house in his own property. The exception is cases of withdrawal of land from circulation in favor of authorized government agencies. You can donate land without a house only if they are owned by different people or legal entities.
In order to donate a share in a house, it must be allocated in kind, i.e. it is necessary to obtain a conclusion on the possibility of making a separate entrance, connecting to a sewer system, etc.
The received land plot and house act as income to the donee. His responsibility includes the calculation and payment of tax in the amount of 13% of the cadastral value, as well as the submission of a tax declaration of the received property. But Russian tax legislation provides for the exemption from personal income tax on deeds of gift concluded between close relatives.

Documentation

To prepare a deed of gift, you will need the passports of the parties and other documents:

notarial consent of the donor’s spouse if the plot was purchased during marriage;
certificate of ownership;
written parental consent if the donor is between 14 and 18 years old;
a purchase and sale agreement or other document confirming the basis for the emergence of ownership rights of the donor.

In the future, a similar list, together with the deed of gift, is submitted by the parties to Rosreestr. Documents can also be submitted to the MFC at the location of the donated property.

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Drawing up and signing a gift agreement

A donation agreement for a dacha with land can be drawn up in simple written form or in a notarized form.

The rules that obligated the contract to be certified by a notary were removed from the Civil Code. Therefore, when concluding a transaction between relatives and in the absence of fears that someone will try to challenge it, the parties usually do not turn to a notary.

But when making a donation in favor of third parties, the notary will be able to certify the legality of the donation and compliance with the interests of all parties. This will give the document greater legal force and make it more difficult to challenge it in court.

How smoothly the transfer of property will proceed in the future largely depends on the correctness of the contract. Therefore, at this stage, the parties may require legal assistance in drawing up a deed of gift.

Collection of documents and submission of documents for state registration

After the deed of gift is signed by the parties, you can begin collecting documents for state registration.

The deed of gift is not registered separately; the ownership of the dacha plot is simply re-registered to the new owner.

To do this, the parties to the transaction submit an application to Rosreestr and attach a package of established documentation.

Obtaining a certificate of ownership by the donee and taking possession of him

After checking the information provided in Rosreestr, after some time the donee can receive a certificate of ownership in his name.

The procedure itself for transferring a dacha plot into the possession of a new owner is, as a rule, symbolic. The donor simply hands over the keys to the recipient.

Submitting reports to the Federal Tax Service and paying taxes

A dacha plot received as a gift acts as income for the donee,

therefore it is subject to taxation.

The tax is paid in the amount of 13% of the cadastral value of the plot. In addition to transferring taxes to the budget, the new owner must report the transaction to the Federal Tax Service by submitting a declaration in Form 3-NDFL.

A deed of gift is often drawn up to re-register property rights between relatives. Such a transaction is no different from the standard algorithm for concluding a gift agreement in favor of an outsider.

The only caveat is taxation: a close relative of the donor is exempt from paying personal income tax on the gift he receives.

Close relatives include grandparents, mothers and fathers, brothers and sisters, guardians, daughters and sons.

Cost and terms

The general registration period is 10 days (if the parties completed everything independently). The only thing you will have to pay for in this case is the state duty, the amount of which is 2000 rubles.

Giving a garden plot as a gift is easy, except that having a garden house on it requires a lot of expense in collecting all the documents. We hope that this article was useful and you will be able to issue a deed of gift without any problems.

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How to draw up a deed of gift for a plot of land with a house?

Every contract must have mandatory clauses:

Place and date of conclusion of the contract.
Details of both parties - passport details, full name, place of residence.
Garden plot data – area, location, cadastral number, purpose.
Details of documents confirming the right to own and dispose of land.
The presence or absence of property disputes on this site, various restrictions and encumbrances imposed on it.

If the allotment is donated along with the house, then, among other things, the following sections must be included in the contract::

area of the house, number of floors in it;
his actual address;
year of construction;
details of documents that confirm that the house and the plot belong to the owner at the same time;
evidence of ownership of both objects.

The document is drawn up either in simple written form or in notarized form. In this case, both participants in the donation must agree with the transaction, confirming this with their signatures.

Are you interested in the specifics of the procedure, and also want to know whether it is possible to donate an allotment without buildings?

The main problems that arise when donating a dacha and their solutions

When donating property between close relatives, problems usually do not arise, since we are talking about a transaction based on trust.

The law gives the donor the opportunity to refuse the donation at any time and withdraw the gift . This significantly weakens the position of the new owner – the donee. But the deal takes place among close people, which means that the reasons to cancel it are minimized.

However, judicial practice knows many cases when, after registering a deed of gift in Rosreestr, relations between relatives suddenly deteriorated, after which the donor demanded the return of the property received under the deed of gift. The legislation allows this option, but sets a number of restrictions.

The donee is obliged to return the property received as a gift only if it is proven in court:

that he created a threat to the life and health of the donor or members of his family;
that the donor's financial situation has deteriorated significantly compared to the time when he made the gift.

Similar situations often occur when donating apartments , especially when the donor and recipient live in the same living space. This applies to dachas to a lesser extent, but it still happens.

Problems when registering a deed of gift include the donors’ misconception about the essence of the transaction. Often a person is not aware that he is entering into a gift transaction, and not drawing up an annuity or a will.

For example, a grandfather planned to give his grandson the apartment in which he lives, with the condition that the latter will use it only after his death. In this case, the will of the donor was to transfer the property by inheritance, and not as a gift. Therefore, the gift agreement was not legally binding for the parties, and registration of rights was refused. Such a deed of gift is also not suitable as a will. Therefore, before giving anything, it is recommended to get advice from a specialist or contact a notary.

It can be useful:
What responsibility do individuals have? and legal persons for tax evasion
How to draw up a money donation agreement between relatives

Sometimes, in order to avoid paying taxes on a transaction, a deed of gift is drawn up between non-close relatives . Aunts, uncles, nephews, and nieces are not considered close relatives by law, so gifts between these people will be subject to income tax as a normal transaction.

Consequences of donating land

When land registration is completed, the former owner loses the right to a garden, dacha 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 a transaction can be cancelled. The donor himself has the right to challenge the conclusion of the agreement. His demands can be satisfied if the citizen’s financial situation and health have deteriorated significantly.

The transaction can only be challenged in court. The claim will need to be supplemented with documentation confirming the applicant’s correctness.

The Civil Code of the Russian Federation sets out additional conditions under which a transaction is cancelled. Such a decision is made if the contract was signed under physical or moral pressure, or the plot with the house has fallen into disrepair as a result of the actions of the donee. This decision is made depending on the individual characteristics of the current situation.

Sample form of land donation agreement between relatives

plot of land between relatives

City of Moscow "09" January 2021

Gr. RF Ivanov Sergey Yurievich, born 10/11/1111, gender: male, place of birth: Moscow city, passport 11 11 11111 issued by the Department of Internal Affairs of the Babushkinsky district of the city of Moscow on 11/11/1111, subdivision code 111-111, registered at the address: Moscow city, street _____________, SNILS __________ hereinafter referred to as “Donor”, on the one hand, and

Gr. RF Ivanova Elena Yuryevna, born 10/11/1111, gender: male, place of birth: Moscow city, passport 11 11 11111 issued by the Department of Internal Affairs of the Babushkinsky district of the city of Moscow on 11/11/1111, subdivision code 111-111, registered at the address: Moscow city, street _____________, SNILS _________, hereinafter referred to as the “Done”, and together referred to as the “Parties”, who have confirmed that they are not deprived of legal capacity, are not under guardianship and trusteeship, and do not suffer from diseases that prevent them from understanding the essence of the agreement, have entered into this agreement as follows: