Under a deed of gift, any movable or immovable property may be transferred free of charge to the ownership of another person. This may be a car, apartment, land, etc. However, it is not always enough to simply transfer the property to another person, often there is a need for legal confirmation of the fact of the transaction and transfer of ownership. In this regard, you need to know how to issue a gift certificate, what documents need to be collected for this.
A deed of gift is made in writing. It must comply with legal requirements. Otherwise, it may be invalidated, and this will result in the cancellation of the transaction. The donor and the donee sign the contract after its preparation.
Do I need to contact a notary? How to make a gift correctly?
It is not necessary to contact a lawyer. But in order to draw up a document for sure correctly, it is better to turn either to it or to legal advice.
If the object of donation is movable property, it will be enough just to conclude a contract, and if real estate - state registration is also carried out (only after this the right of ownership passes).
How to issue a gift certificate, which package of documents must be provided?
- application of both parties for state registration. May be filed by their representatives by proxy certified by a notary;
- identity document (passport);
- a document on the payment of state duty for state registration;
- gift agreement in 3 copies;
- for residential premises - an acceptance certificate and a plan (original and copy), certified by an organization for the registration of real estate;
- other documents that may be needed (depending on the property being the object of donation).
When making a deed of gift, a tax of 13% of the value of the transferred property is levied. Exception: if the donor and the donor are representatives of the same family or close relatives. In this case, you do not need to pay tax.
How to issue a gift certificate for an apartment?
To do this, in addition to the above documents, provide:
- a document that confirms the donor’s ownership of the apartment;
- cadastral passport of the apartment (issued in BTI);
- consent of the spouse, if available (notarized);
- a certificate containing information about persons registered in the apartment;
- a certificate received from the bureau of technical inventory, with the assessment of the apartment.
When registering an apartment, it is desirable that a donation contract be drawn up with the participation of a notary, since in case of loss of a document you can get a copy.
How to make a gift for the house?
The contract is also drawn up in writing without or with the participation of a notary. The list of necessary documents can be adjusted depending on the situation, but in general it is similar to the one needed for the design of the apartment. After registration of the gift of home, it must be registered with the registration service.
How to get a gift for a car?
To make a donation of a car, it is necessary to remove it from the register in the State traffic inspectorate. Then draw up a contract, preferably with the participation of a notary, in order to avoid mistakes in its preparation, which can lead to a dispute of the document. After that, the donor must register the car at the State traffic inspectorate. The car donation agreement can be implemented not only by the owner, but also by any other person who has a general power of attorney. Such a power of attorney is issued for a period of not more than 3 years and can also be executed in simple writing or certified by a notary. In order to avoid unnecessary delays when making a gift, it is better to use the second method.